Often when the issue of domestic violence is discussed in a public forum it is trotted out as simply numbers, shocking statistics regarding abuses and fatalities. What is however absent is an understanding of the act of coming forward to make a report. When one is already a victim of domestic violence even the act of simply exploring what legal remedies are available, if any, requires tremendous strength and a huge leap of faith. The experience can often feel solitary and terrifying. It is also important to understand that this may only be the first step and in no way an indication that any further action will follow. Frequently the victims themselves are not ready to undertake further steps and what is a required is the absolute assurance of protection as any act of asserting oneself is riddled with the prospect of fear regarding potential ramifications.
The very nature of domestic violence depends upon the perpetrator having easy access to the victim in the first instance, particularly in the case of long term abuse, sustained over a period of time. While in some pockets of society domestic violence exists in secret it would be right to say that some environments demonstrate a greater ‘tolerance’ for such conduct for a variety of reasons. In some cases, the perpetrators can rely on co-conspirators such as family, neighbours, the authorities as seen most recently in the case of Asma Aziz, and even society at large.
For those willing to take the first step to seek protection requires overcoming deeply entrenched obstacles. There is a loss of confidence in both the system and authorities which are supposed to protect victims and potential victims, particularly where societal safeguards have already proved insufficient. In addition, there is a fear of not being believed, being humiliated or even the fear of revenge and reprisals.
The current state of the global lockdown lends itself perfectly to the unforeseen, but also the reasonably anticipated, an increase in domestic violence. While the scale of this is yet not fully known one domestic violence agency in the UK has reported an increase of 700% to its telephone helpline in just one day. This is a situation which is repeating itself the world over China, France, Italy and Spain have all reported an alarming increase in domestic violence.
Often domestic violence perpetrated upon a spouse can precede the mistreatment of children, this can in turn leave a long term emotional and psychological impact such as behavioral disturbances with a child replicating the abuse
In Pakistan the common lament, not just limited to the issue of domestic violence, is that while legislation exists this falls apart due to the lack of implementation. Various provinces have their own legislation to protect victims of domestic violence, the Sindh government introduced the Domestic Violence (Prevention and Protection Act) 2013 while in Punjab there is The Protection of Women Against Violence Act 2016, to name but two. Similarly the UK, offers protection through Part IV of the Family Law Act 1996, which has seen a shift from protective provisions such as injunctions, known as non molestation orders, moving from the civil arena to the criminal. When seeking to identify the areas of support that could be put in place, consideration needs to be given to the fact that in the current circumstances the usual opportunities for respite or momentary periods of escape from the perpetrator simply do not exist.
Some of the common provisions available in various jurisdictions allow for one party, often the perpetrator, to be removed from the family home. In the current climate this raises the question if a perpetrator is to be removed or indeed a victim is attempting to leave an abusive environment, where can they be safely relocated? This adds a further hurdle to an already difficult area of law, namely what support is available to those who want to relocate away from their perpetrator and returning to the home of the wider family is not an option and how will the proposed new environment be assessed as ‘safe’.
The issue of domestic violence is frequently demoted or considered exclusively issues of ‘women’s rights’, this perception needs to change. Often domestic violence perpetrated upon a spouse can precede the mistreatment of children, this can in turn leave a long term emotional and psychological impact such as behavioral disturbances with a child replicating the abuse. While we endeavour to stunt the curve of the pandemic, we should also endeavour to stunt the curve of domestic violence and this can only be achieved by a multi-agency approach working with the police, judiciary, NGOs and community engagement in order to identify and safeguard families at risk by implementing available legislation. Pressure needs to be maintained upon the central and provisional governments to tackle domestic violence and for this to be treated as a priority, this is a problem which impacts upon society as a whole.
Lawyer, Member of the Law Society of England and Wales