Human Rights Monitor
Domestic violence: Need for legal and social services
Barrister Harun ur Rashid
Domestic violence on women is a serious social problem that is prevalent in both rich and poor countries. The difference between them lies in the existence of social institutions that help victims in rich countries, whereas in poor countries, ordinarily victims may have to deal with such incidents themselves. There are few and far well funded social welfare agencies to come to their rescue in poor countries, almost none in rural areas.
What is domestic violence
Domestic violence is, by definition, occurs between people in the home. It occurs between people who live together or are related to each other. Consequently repeat victimisation is likely to occur on women by husbands, parents or relatives.
Domestic violence on women is a serious violation not only of human rights but also of personal security. Human rights activists see domestic violence as rooted in discrimination against women and a manifestation of "unequal power relationship" between men and women in society.
The UN Development Fund for Women (UNIFEM) notes: " Abusive husbands, male relatives, traffickers and armed combatants abuse women and use violence to assert their power."
It is a widely-held belief in male-dominated society where women are considered as "second class citizens and in rural areas, many men consider that "bread earners" have a right to perpetrate violence on women who are dependent on them. It represents an unequal economic relationship where women are not allowed or permitted to work in public place and are, therefore, solely dependent for their living on men.
Human rights activists believe that women aged from 14-30 years old are at greater risk of violence than older women.
Impact on victims
At its most, domestic violence may lead to deaths of women. While spousal relationships continue to make up the majority of domestic violence incidents, parents or elderly relations also are often involved in inflicting bodily harm on women for "honour" of their family name.
Often, the gravity of domestic violence incidents are influenced by situational factors, such as, injuries of the victim, the use of weapon, and the seriousness of harm on their persons.
In the aftermath of domestic violence, women often talk about fear, the injury and the psychological trauma knowing the fact that it was her husband or parent or brother or near relatives who perpetrate violence on them.
Domestic violence has serious consequences for victims, their families and their communities. The consequences of such a widespread social problem are varied, ranging from the emotional, psychological, and physical costs to the victims and family members, through to social and economic costs to entire society.
Children who witness domestic violence can experience a range of emotional and behavioural problems including poor school performance, post -traumatic issues and adult criminal behaviour. That means children are badly affected by domestic violence incidents throughout their life.
Not all incidents are reported
Social scientists believe that women do not report all violent related incidents for preservation of their dignity and personal honour. They tolerate abuse or violent incidents silently and do not disclose even to their parents. Many women consider it as a social stigma and often blame themselves or feel guilty for such situation to occur.
Another important aspect of domestic violence is that victims do not want offenders charged or do not want to take action, once the situation cools down. Such tolerance in fact aggravates the situation because husbands consider such incidents not reporting as a "licence" to do more violent incidents on their partners.
Domestic violence often takes place on the issue of dowry. Married women are being harassed or abused for dowry by their inconsiderate husbands or in-laws and victims do not want to disclose the incidents to their parents because given their parental stressful economic situation, their parents will not be able to accommodate to or oblige with dowry.
What society can do for domestic violence victims
The safety of victims is crucial importance. Therefore, victims must get first safe shelter and thereafter access to other services. Since complex social and health issues are involved in domestic violence, assistance must come from social welfare agencies, although serious incident may be reported to police.
Law enforcing agencies must take seriously reported cases of domestic violence on women. Police agencies must adopt policies that promote arrest as the primary intervention.
Social welfare agencies, both governmental and non-governmental, may provide safe and well-equipped shelters, and relief support for girls and women subjected to violence, as well as medical, psychological and other counseling services at free or low-cost legal aid where it is needed.
Although it is a criminal assault, its impact is far more psychologically damaging than that of other crimes on victims. Post-traumatic effects may linger on some women for life.
Society must clearly regard domestic violence incidents as totally unacceptable and society must provide specific shame on and deterrence to perpetrators. Social welfare agencies may organize and fund information campaigns and educational and training programmes in order to sensitive men to the detrimental effects on women by violent incidents.
They may provide rehabilitation programme for perpetrators so as to prevent such recurrence of violence ( In Fiji, there is a programme especially geared for perpetrators for their rehabilitation, teaching and encouraging them to respect women's personal dignity and security).
Media may raise awareness of responsibility in promoting non-stereotyped images of women as well as in eliminating patters of media presentation that generate violence. They may also raise awareness of the people about causes and effects of violence against women and in stimulating public debate on the social problem.
The government, local governments (Union councils and Upazila parishads), community organizations, non-government organizations, legal aid agencies, private sectors, particularly enterprises and mass media have significant role to play in eliminating domestic violence on women.
Role of authorities
The governments have a particular responsibility to protect their citizens, especially vulnerable and weak citizens such as women and elderly.
The government may lend their strong support and provide adequate funds to community organizations (there are several good and well-run community welfare organizations in Bangladesh) to provide shelters and other facilities to victims. The authorities must promote the fundamental role of social welfare agencies in the field of information and education related to abuse.
A special court can issue a "civil order" to protect the victims so that perpetrators cannot be near to victims for a time depending on the seriousness of injury to victims. The order is symbolic in that it identifies the perpetrator of domestic violence.
Women legal services must receive funds to protect victims from further abuse. Often justice system fails poor women.
Conclusion
It seems lack of resources is the single greatest obstacle to providing adequate services to victims. Some social activists believe more than twenty times as much public money is allocated to sports institutions than to addressing the human rights scandal of domestic violence and assault on women.
The provision of services in response to domestic violence such as, alternative safe accommodation, counseling victims must be in place. In other words, services must be readily available, accessible, acceptable and appropriate to women victims.
Domestic violence is a black mark on the entire society. Many human rights activists believe that poverty, gender-based prejudices and patriarchal society account for the prevalence of domestic violence on women
Elizabeth Stanton (1815-1902) in a letter to her friend wrote: " Women's degradation is a man's idea…Our religion, laws, customs, are founded on the belief that woman was made for man". This widely held belief in most men must be revised and eliminated from societal values and understanding as the first step of removing the social problem of domestic violence.
The author is former Bangladesh Ambassador to the UN, Geneva.
