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Issue No: 252
January 14, 2012

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Law Opinion

Can Domestic Violence Act protect Rumanas?

Sadrul Hasan Mazumder

(…..from previous issue)

Photo: swayam.info1

We have good number of laws for the wellbeing of women but the challenges are enormous in drawing a sharp line among the existing laws and the DV Act and finding out operational linkages among various laws of the land to address violence against women. As domestic violence exists in every cluster of the society whether rich or poor, literate or illiterate, developed or underdeveloped; designing the "Support Services Packages" for possible survivors still remain as a greater challenge. Domestic violence especially wife beating has been found as the most widespread form of violence against women and as the services rendered by NGOs or Government Agencies have been focused on the disadvantaged or marginalized section of the society, women from the affluent class of the society remain out of the orbit of such services. To reverse the scenario there needs important adjustment of service mechanisms at operational level having diversity in the mode or pattern of services otherwise violence against RUMANAs will always remain in dark unless they will not be tortured to blind or murdered or commit suicide. The process of finalising the Rules of Procedure is advancing very fast and all concerned are requested to have further thought while devising "Support Services Packages" under the Domestic Violence Act.

Providing Shelter support to the survivors [Section 8: Enforcement Officer will arrange shelter for the aggrieved women and their children] has philosophical limitations and do not conform with the principles of Rights Based Approach because under traditional shelter services provided by both NGOs and the Government Agencies, Survivors remain confined, their right to mobility and living a free life are destroyed keeping the perpetrators free, which also contradicts with the Section-3(b)(c) of the DV Act. Should I mention here that in most cases Minimum Standard of Care are not maintained in those Shelter Homes? Even if the Standard is maintained, experiences show that such confinement for a certain period in the name of "Safe Shelter" creates threat to Social Integration Program, while initiatives are being taken to integrate the Survivors to the mainstream of the society. Thus we should think of such circumstances in advance and it is the right time to incorporate the "Women Refuge Model" replacing the traditional "Shelter Model" because "Women Refuge Model" enables the survivors to remain relatively free and allow the survivor to do her work with Protection Order under the DV Act.

The Domestic Violence Act has put a milestone in the history of women's movement in the country and recognises their right to Residence [Article 15], which can only be enforced through efficient and effective intervention in creating a "Social Safety Net" for the Community by the Community. To ensure proper enforcement of the Act immediate initiatives needed to board creating such "Social Safety Net" based on community participation that includes supports like Counseling and Legal Aid for protection and awareness programs for prevention. As long as the question of Victim Witness Protection is involved, to deal with incidences of domestic violence - the efficiency of the community based legal institutions should be enhanced and public confidence into the local justice system should be restored so that women can comfortably reach someone [preferably a Counselor having knowledge of first hand management of survivors] to share such discomfort in their personal life within shortest possible time. Geographical disparity is of utmost importance to consider firstly, to have information about incidences of domestic violence and secondly, for quick responding to the possible survivors because spirit of the DV Act is to bring any woman out of violence immediately without any delay. There are on going programs supported by UNDP where "Women Development Forum' has been formed under the leadership of Upazilla Female Vice Chairperson bringing the current and former female Members of the Union Parisad in the same platform. Reiterating the importance of establishing Union based "Community Counseling Center' I would like to emphasize on building working coordination among all initiatives from the international development partners and donor agencies creating spaces friendly and easy-to-reach for possible survivors.

Recommendations:
-To adopt the Rules of Procedure immediately to accelerate the process of enforcement of the Domestic Violence [Prevention & Protection] Act 2010.

-To create efficient manpower who are sensitised and devoted to the cause having sound knowledge about the judiciary and criminal justice system.

-To appointment the Enforcement Officers immediately and training them about operational aspect of DV Act.

-To ensure operational coordination among the concerned Ministries under the leadership of the Social Welfare Ministry to enforce the order to be passed by the Honorable Court.

-To sensitise the Community Policing, Union Level Standing Committees on Violence against Women about domestic violence and their role to address such violence in their own community.

-To sensitise the Legal Practitioners and Court Officials, Social Workers, NGO workers etc about domestic violence and specifically on the Rules of Procedure of Domestic Violence Act.

-To design the "Support Services Packages" for possible survivors irrespective of class, religion, ethnicity and cast including those who are differently able persons.

-Available services under the "Victims Support Centers" and the "One Stop Crisis Center" should be extended up to Upazilla level and the quality of services rendered by these institutions should be ensured conforming the Minimum Standard of Care and universal Human Rights principles.

-To introduce moral education courses at primary or secondary level so that the next generation will be more sensitised about women rights and will be respectful towards principles of Human Rights.

-To introduce integral services for identifying the possible survivors and enhancing local government initiatives designed to developing their capacity so that they can handle possible survivors within their own capacity and jurisdiction.

-To create "Social Safety Net" through establishing "Community Counseling Center" at Union level having linkage with the "Women Development Forum" and the Enforcement Officer.

-To train the Members of the Law Enforcing Agencies on mechanism of protecting gender-base violence including techniques of firsthand management of the possible survivors-their attitude towards women should be changed at large.

-To conduct an in depth serious research to analyse the economic impact of violence against women through developing "Composite Violence Index" spending adequate time.

-To strengthening working coordination among all initiatives of the international development partners and donor agencies to address domestic violence.

We should help the society to give up the superstitious believes around women's rights and domestic violence and extending support to possible survivors. For immediate start the government required funding, we have limited resources and we should put our best efforts to maximize the usages of available funding from the development partners so that we can enforce the Act faster. Let us challenge Domestic Violence to the next door and help the survivors in getting support. Let us join the crusade against domestic violence. Let the violent father to listen to his child, "BABA, PLEASE DON'T MAKE MA CRY! IT'S HURT ME TOO...... STOP DOMESTIC VIOLENCE".

Concluded.

The writer is a Development Activist and Freelance Consultant.

 

 

 
 
 
 


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