examine the view that The Domestic Violence Act, 2010 (Uganda) is too weak to protect the victims of domestic violence?

examine the view that The Domestic Violence Act, 2010 (Uganda) is too weak to protect the victims of domestic violence?
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  MAKERERE UNIVERSITY COLLEGE OF HUMANITIES AND SOCIENCEPROGRAM: BACHELOR OF SOCIAL SCIENCESNAME: ODOI EDGAR OTHIANGREG NO.:13/U/12821/EVESTUDENT NUMBER: 213017312COURSE CODE: CRI 210COURSE UNIT: CRIME AND GENDER COURSE !ORK: U"#$% &'(')*$+ ',*-('" ',*-#$' +' )#' +*+ T' D-'"+# V#('$'A+ 2010 #" + '*4 + &+'+ +' )#+#-" 5 6-'"+# )#('$'  The Domestic Violence Act 2010 is an act to provide for the protection and relief of victims of domestic violence; to provide for the punishment of perpetrators of domestic violence; to providefor the procedure and the guidelines to be followed by the court in relation to the protection and compensation of victims of domestic violence; to provide for the jurisdiction of the court; to  provide for the enforcement of orders made by the court; to empower the family and the childrencourt to handle cases of domestic violence and for related mattersThe domestic violence act has played a very big role in the fight against domestic violence in the country irrespective of its wea!nesses as analyses below"irst and foremost some legal professionals# law enforcement officials# and victims do not have ade$uate !nowledge of the Act This is a direct implication that the A%T will ta!e a very long time to catch up in to the judicial proceedings The mere fact that some judges are not aware of the act is an indication that at some point an individual may report a case and the judge or magistrate may approach the case in a very different way which may be unfair to the either party ie the victim or the perpetratorThere is no assurance that an individual in a domestic relationship will not carry out the act of domestic violence This is on assumption that each individual will act accordingly which is not the case because there is no direct mechanism that can prevent that from happening This is in reference to &art '' (ection )*+ subsection )1+ that states that,A person in a domestic relation shall not engage in domestic violence- This can be reflected in the increasingly growing statisticin the cases of domestic violence amongst partners According to the .gandan police# in 2012# there were /#2 victims of domestic violence 'n the first $uarter of 201# close to 2#300 people were victims of domestic violence# and 2 people died as a resultThe perpetrator is imposed a fine on for having carried out domestic violence not e4ceeding * currency points which is e$uivalent to /50#000 .gandan shillings or imprisonment not e4ceedingtwo years or both in reference to (ection )*+ (ubsection )2+ This is an indirect form of commerciali6ing the criminal act# since those who can afford the few can commit the crime !nowing that he is going to pay a given amount of money as fine and is set free This therefore  puts the law in the hands of the rich# for they can afford the fine 7eaning they are free to commit the crime for they will pay the fine and all is clearedThe A%T gives provision for the issuance of a protection order for the victim as stated in (ection )12+ (ubsection )+ This is to protect the victim from any further incidents of violence by defining terms and conditions that the perpetrator should abide to 8owever this is in favour of the rich# which gives them an upper hand in obtaining the order since they can easily afford it hence sideling the poor from enjoying the benefit of a protection order  There is the problem of apathy; some judges and magistrates are uninterested in enforcing the 9aw because they see gender:based abuse as a womens issue Topping that up is the mere fact that most local courts are headed by male legal professionals 'n all aspects this ma!es it difficultfor a female victim )who are the largest number+ to receive ade$uate help when it comes to getting detailed information from them# since they are of different se4es And due to apathy the  judges and magistrates will forced to ma!e a final decision basing on the fact that a woman is subjected to her husband<s control at all levels This is unfair to the women# for theymaybe undergoing serious effects of domestic violence li!e rape and cannot e4press themselves for the fact that it is going to be handled by an officer of the opposite se4The A%T involves a lot of bureaucratic procedures which are time wasting when it comes to urgency These involve writing letters and ma!ing consultations to different offices# waiting for their response before proceeding 'n certain cases this may ta!e a while and by the time the  proceedings start the victim maybe in bad condition Ta!ing for instance where the act of domestic violence was accompanied by physical injuries and the victim re$uires urgent medical attention and yet they are being urged not to get rid of the evidenceAccording to (ection )5+ subsection )10+ the local council courts shall treat all cases with urgency and shall hear the cases as soon as possible and in any case not later than forty eight hours after filling the complaint The A%T however contradicts itself in section )5+ subsection )11+by stating that the local council courts may hear cases of domestic violence on days which are not ordinarily wor!ing days# meaning on wee!ends only =ow ta!ing for instance that a victim files a complaint on a 7onday he>she has to wait for a non wor!ing day which is over the wee!end for their case to be heard much as it says that within forty eight hours the case shall be heard This has ended up seeing many people going to prison on remand and have never had a court appearance# which is no justice because justice delayed is justice deniedThe A%T imposes an obligation on police officers to advise victims of domestic violence of their legal rights# including the right to lodge criminal complaints# ensure treatment where physical or se4ual abuse are evident and offering assistance in obtaining shelter under (ection )+ This is mandatory by the A%T however the police officer may re$uest a bride to have all the above accomplished and yet those are his duties "or a victim who cannot affordto bribe the officer# it will ta!e them some time to be wor!ed upon This is all brought about by the poor welfare of the  police officers who end up e4torting some money from victims so as to record their statements or advice'mprisonment or detainment of a mother as a perpetrator of domestic violence is unrealistic especially if she had a child at a tender age 7uch as the local council court forwards a written order to the probation officer and (ocial welfare officer to ta!e necessary actions regarding the welfare of the child 8owever separating the mother from the child at an early age especially when child is at a tender age# when they need their mothers love and care most 7uch as  according to (ection )5+ (ubsection )+ that says the child<s welfare shall be discussed with the  provisions of the children<s A%TThe victim may have been the main source of income and welfare at home therefore rendering section )1+ subsection )1?d@+ inapplicable This section calls for the perpetrator to pay maintenance in respect of the victim<sneeds or the needs of any child or dependent of the  perpetrator# including necessaries%onclusively Data show that domestic violence is commonplace in .ganda According to a 200study of the .ganda ureau of (tatistics# close to 0B of Cever:married women aged 13 to */ had e4perienced some form of violenceC at the hands of their partner %iting a .nited =ations report# a 2010 .( Department of (tate report on human rights in .ganda offers further insightE50 percent of women aged 13 and above e4perienced physical violence# 13 percent of women face violence during pregnancy# and 2* percent report that their first se4ual encounter was a forced one 7any law enforcement officials viewed wife:beating as a husbands prerogative# as did the majority of the population# and rarely intervened in cases of domestic violence 7ore recent statistical data does not show any improvement According to the .gandan police# in 2012# there were /#2 victims of domestic violence )  Domestic Violence Cases Soar  # =FG V'('H=#  supra. + 'n the first $uarter of 201# close to 2#300 people were victims of domestic violence# and 2 people died as a result


Mar 26, 2019
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