Call to amend marriage tribunal procedures that endanger domestic violence survivors

Non-Muslim married couples are required by the National Registration Department (NRD) to attend Marriage Tribunals when seeking a divorce.

In marriages that involve domestic violence, this requirement can put domestic violence survivors in danger. Between 2014 and 2017, a total of 15,617 cases of domestic violence were reported in Malaysia, with over 5,700 cases reported in 2017 alone.

Women’s Aid Organisation (WAO) urges NRD to review its procedures for Marriage Tribunals to ensure the safety of domestic violence survivors. Unique processes can be put in place for cases involving domestic violence to address the three major risks discussed below:

Survivors are required to attend their marriage tribunal in the location where they last resided with their perpetrator-spouse

According to Section 106(2) of the Law Reform Marriage and Divorce Act 1976 (LRA), if the two parties to a divorce case are living separately, they must be referred to the marriage tribunal for the area in which they last resided together. For domestic violence survivors, this requirement can be harmful to their mental and physical well-being.

Often, domestic violence survivors who have escaped their abusive homes choose to relocate to another area, both for their safety and so that they may have a chance to start their lives afresh.

To make the survivor travel back to the area where the perpetrator resides can cause severe fear and trauma to the survivor, as well as put her safety at risk.

While Section 106(1)(vi) of the LRA does set out the possibility of an exemption from the marriage tribunal “where reference to a conciliatory body is impracticable”, the legal fees associated with applying for this exemption would typically be around RM 5,000 - 6,000, which is cost-prohibitive for many women, in particular women who have left their abusive homes and may have even been forced to leave their employment when relocating.

The current procedural guidelines of NRD Marriage Tribunals must be revised so that domestic violence survivors may utilise the exemption outlined in Section 106(1)(vi) of the LRA on their own at no cost, without the assistance or associated fees of a lawyer.

Survivors are typically called to appear at marriage tribunals together with their perpetrator-spouse

Although attendance at JPN marriage tribunals is mandated by the LRA, the LRA does not require that both parties to the divorce case be present at the same time.

However, from WAO’s experience, many women are called to appear at the same time as their husbands, even in domestic violence situations. This has resulted in women being harassed and intimidated by their perpetrator-husbands, and even his friends and family.

Given the serious potential for harm to divorce applicants who are domestic violence survivors, NRD must issue a clear directive acknowledging that joint attendance at marriage tribunals is not required, and specifically prohibiting NRD officers from scheduling the parties to a divorce case where domestic violence is involved to appear at the same time for their tribunals.

There are no standard security protocols to ensure survivors’ safety at marriage tribunals

One of the major dangers to domestic violence survivors currently posed by attending NRD marriage tribunals is that no security measures have been uniformly adopted to ensure the safety of these individuals and other at-risk attendees if issues do arise.

Even for individuals who have obtained an Emergency Protection Order, Interim Protection Order, or Protection Order, there is no special protocol in place.

The existing gaps in security and in the response by NRD officers can be improved by putting in place a standard security procedure that is incorporated into the training of all NRD officers.

A comprehensive security plan should include having staff or police officers available in the event of a survivor being put at risk when attending her marriage tribunal (in the case where she has not applied for and obtained an exemption from the tribunals).

Given the critical role of NRD in the process of domestic violence survivors escaping abuse and moving forward with their lives, the department must revise its existing procedures and ensure it is doing its part to guarantee the safety of domestic violence survivors.

For more information on this issue, please refer to WAO’s Policy Brief. - Mkini

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