THURSDAY, MARCH 8, 1984
INEQUITIES IN LAW FOR WOMEN TO BE STUDIED
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A FEW SPECIFIC AREAS IN THE LAW CONCERNING WOMEN NEEDED TO BE LOOKED AT, EVEN THOUGH THE GLARING INEQUITIES OF THE PAST HAVE BEEN LARGELY ELIMINATED, THE ACTING ATTORNEY GENERAL, MR GERALD NAZARETH, SAID TODAY.
THESE AREAS INCLUDED THE PROBLEM OF BATTERED WOMEN, +AFFILIATION PROCEEDINGS, WHICH ARE THE LEGAL ACTION WHICH AN UNMARRIED WOMAN EXPECTING A CHILD CAN TAKE AGAINST THE FATHER, AND THE LAW OF DIVORCE, MR NAZARETH SAID.
SPEAKING TO THE ZONTA CLUB OF KOWLOON THIS AFTERNOON, MR NAZARETH SAID ALSO THAT THE LAW HAD TO CONTINUE TO DEVELOP AND THERE WERE OTHER RESPECTS IN WHICH THE LAWS RELATING TO WOMEN HAD TO BE REFINED.
ON THE QUESTION OF BATTERED WOMEN, HE SAID THAT THE REMEDIES WERE TWO-FOLD SELF HELP, AND REMEDIES PROVIDED BY LAW.
SELF HELP, HE SAID, DID NOT SEEM TO BE PARTICULARLY EFFECTIVE. AS FOR THE LAW, THE FIRST OF THE REMEDIES AVAILABLE WAS TO MAKE A COMPLAINT TO THE POLICE WITH A VIEW TO THE IR TAKING CRIMINAL PROCEEDINGS AGAINST THE HUSBAND.
*THE DIFFICULTY HERE IS THAT THE POLICE LIKE THE REST OF US ARE LIKELY TO BE DISINCLINED TO INTERVENE IN WHAT ALL OF US ARE APT TO SEE AS A DOMESTIC DISPUTE. AND IF THEY DO NOT INTERVENE AND PROSECUTE, THE ALTERNATIVE WOULD HAVE TO BE A PRIVATE PROSECUTION OR A CIVIL SUIT FOR ASSAULT.
+THIS IS NOT A PARTICULARLY EASY COURSE FOR A WIFE TO RESORT TO. IT IS LIKELY TO PROVE EXPENSIVE AND PROTRACTED AND THE RESULT SHORT-LIVED.
+AFTER PAYING HIS FINE OR DAMAGES OR PERHAPS EVEN SERVING A SHORT TERM OF IMPRISONMENT, THE HUSBAND WOULD BE FREE TO GO BACK AND RESUME WHERE HE HAD LEFT OFF, MR NAZARETH SAID.
A COURT INJUNCTION, COULD ALSO BE SOUGHT, REQUIRING THE HUSBAND UNDER PAIN OF IMPRISONMENT TO STOP BATTERING HIS WIFE. BUT THE DRAWBACK WAS THAT AN INJUNCTION COULD ONLY BE APPLIED FOR IF THE WIFE HAD FIRST COMMENCED LEGAL PROCEEDINGS FOR DIVORCE OR SEPARATION,
*AND WHAT MOST WIVES WANT IS NOT ANYTHING THAT DRASTIC
BUT ONLY AN END TO DOMESTIC VIOLENCE, HE SAID.
IN THE UNITED KINGDOM, HE SAID THE COMBINED EFFECT OF THE MATRIMONIAL HOMES ACT 1967 AND OF THE DOMESTIC VIOLENCE AND MATRIMONIAL PROCEEDINGS ACT 1976 HAD BEEN TO ENABLE WIFE TO APPLY TO A COURT:
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FIRST TO ENABLE HER TO OCCUPY THE MATRIMONIAL HOME REGARDLESS OF WHETHER SHE HAS ANY LEGAL TITLE OR SHARE TO IT.
A SECOND TO
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