Minister to address whether cohabiting couples considered households

KUALA LUMPUR, July 24 — The question of whether unmarried couples living together constitute “households” will be addressed in Parliament, Datuk Seri Rohani Abdul Karim said today.

The women, family and community development minister said this was one of five issues raised by federal lawmakers today in debates on amendments to the Domestic Violence Act 1994.

“What I wish to stress once again is that what was said by the MPs — the definition of households, what can be included...such as girlfriends, boyfriends, cohabitors and so on — I will answer that in my winding-up speech,” she told reporters here after the Domestic Violence (Amendment) Bill 2017 was tabled for the second reading this morning.

Rohani noted keen interest among the MPs, with the four other issues raised touching on the procedures to obtain an emergency protection order (EPO), the court order for exclusive occupation of the residence, whether rehabilitation programmes will cover those who inflict domestic violence or their victims as well, as well as improvements to the interim protection order (IPO) or protection order (PO).

Noting police statistics that showed 15,617 domestic violence cases were reported from 2014 to December 2016, Rohani said there was a need to amend the Domestic Violence Act.

She said her ministry’s Social Welfare Department handled over 3,220 cases annually when they are referred to the department for counselling or intervention.

She noted that this would be the second time the Domestic Violence Act would be amended, adding that this indicated the “dynamic” nature of the law.

Earlier during Parliamentary debates on the Bill, Kota Raja MP Siti Mariah Mahmud highlighted that the Domestic Violence Act currently applies only to husbands, wives, former spouses, children, parents or those who are siblings or have other family ties.

Noting that it did not include unmarried couples that live together, Siti Mariah suggested that the Domestic Violence Act should also apply to this category of individuals through future amendments.

"But we also know not all in society marry, many cohabit; there are those who live as if husband and wife; whether they are Muslims or non-Muslims, this is happening," the Parti Amanah Negara MP said, noting the need for this to be considered due to "reality".

Although they are not a household based on contractual ties, these cohabiting couples have intimate relationships and have emotional ties akin to married couples, she said.

She agreed that cases of violence among cohabiting couples could be prosecuted or brought to the police under other laws, but stressed that such cases involving those with emotional ties are different from conventional assault cases involving strangers.

Bukit Gelugor MP Ramkarpal Singh had also said during debates that financial spousal support traditionally given to former spouses are also extended to former girlfriends and boyfriends where they are recognised as having the same rights, before asking if the same protection should be extended to boyfriends and girlfriends to prevent them from suffering domestic violence.