Debates about Protection of Domestic Violence legislation are of great interest to me as I have been campaigning for such a law since 1990. Finally, in 1997, the Mauritian parliament passed the law. It is quite a good piece of legislation, couched in simple though gender-neutral language. It provides for (i) Protection Order which is simply an order to the violent partner not to engage in any act of violence against the applicant for a period of time not exceeding 24 months. Usually, the time period is for 6 months. (ii) an occupation order excluding the violent partner from the house for the same period as (i) and (iii) an ancillary order for the sharing of furniture and household effects.
A great number of women apply for protection orders which in a majority of cases are granted after hearing evidence. As a lawyer who often represents women in court, I am very perturbed by the court procedures and attitudes. For instance, a case of domestic violence is tried in exactly the same way as any other case. The plaintiff gives evidence, is then cross examined as to all sorts of issues - her conduct (past and present), provocation etc, then it is the turn of the defendant to depone and be cross examined. In all the cases, it is a replay of what feminist have written about rape cases, i.e the woman is battered once again in court. What is worse is that the respondent's defence is always about provocation or mere denial and also self-defence - he just reacted to the constant and daily violence of his wife!!! It is the man who plays the role of the poor, disempowered victim. How do we help women within the rules and court procedures? How do we stop women being humiliated and attacked? How, how.... Moreover and that's maybe the worst part, when the protection order is issued, the court clerk turns to the respondent and explains to him the implications of the protection order and what will happen to him if he violates the order. The clerk then addresses himself to the applicant (in most cases it is the woman) and warns her that she should not abuse the order, she should not lay false charges against the man and if she does so, she will be punished by the court. How you ever heard of a case of larceny or embezzlement or assault between males or female, or any other criminal offence where the complainant is given a warning by the court after the accused has been found guilty? I have never. This novel practice reveals that women are not really believed - they must be cooking up false charges against their poor husband/partner!! So, the court must give them a severe warning .... Is this protection from domestic violence? So many times, I have witnessed women coming out of court in tears or extremely depressed and they often complain about the attitudes of the magistrate and court officials. As regards the second order, the Occupation Order, very few women receive one for the dominant ideology is that the man is the 'king', the 'master' of the house hence cannot be turned out. Never mind, if daily/nightly women are kicked out and have to seek shelter in battered women's refuge. Male proprietary rights are more important than women's human rights. This is the dominant culture, this is what we have to challenge. Legal protection, though necessary is not enough and does not protect women adequately. As feminists, we need to continue discussing the issues and work out new strategies and plans of action. Finally, up to now not one single women has applied for the sharing of the furniture. The reasons are obvious, when you are kicked out or has to run away from a violent relationship, you either go to a battered woman's shelter where there is no place for individual's woman furniture or you go to your parent's or other relative's house where, once again, space is a critical issue. Rada Gungaloo Mauritius E-mail: [EMAIL PROTECTED] ***End-violence is sponsored by UNIFEM and receives generous support from ICAP*** To post a message, send it to: <[EMAIL PROTECTED]> To subscribe or unsubscribe, send a message to: <[EMAIL PROTECTED]>. In the 1st line of the message type: subscribe end-violence OR type: unsubscribe end-violence Archives of previous End-violence messages can be found at: http://www.edc.org/GLG/end-violence/hypermail/
