addresses broader spectrum of abuse, strengthens victim protection

THE Family Violence Bill of 2024, aimed at enhancing protection for victims of family violence, was successfully passed in the National Assembly on Wednesday, leading to the repeal of ‘Guyana’s Domestic Violence Act Cap 11:09’.
The Family Violence Bill No.11 of 2024, which was recently introduced in the legislative house, was approved during the 84th session of the twelfth parliament.
The bill’s explanatory memorandum indicates its intention to implement practical modifications to the overall framework concerning domestic violence and policies. Consequently, it proposes the repeal of the Domestic Violence Act while retaining certain provisions from it.
Minister of Human Services and Social Security, Dr Vindhya Persaud, stated during the bill’s second reading that it underwent a year-long consultation process, gathering input and recommendations from civil society, non-governmental organisations, and other stakeholders.
“The Family Violence bill is expected to replace the Domestic Violence Act of 1996 and one may say why do we need to replace an act that was considered robust, an act that has given much within its lifetime to the fabric of the legislative agenda of the country and an act that continues to offer protection to people across the length and breadth of Guyana,” she said.
Taking this into consideration, she emphasised the importance of re-evaluating, modifying, and substituting the 1996 act nearly three decades later.
Included in this bill is an expansion of the kinds of violence it addresses and the categories of persons who are entitled to seek and obtain protection.
The explanatory memorandum of the bill indicated that domestic violence has been recognised as violence between current and former partners in intimate settings. This, it said is a limited definition and does not address the kinds of violence perpetuated on a daily basis and does not provide protection to persons from violence arising out of familial relationships.
As a result, this is the reason the term ‘family violence’ is being used and is an expansive term that relates to all forms of violence between family members.
As such, it was noted that with this expansion of the definition and the additional provisions of the bill, it is not lenient on the perpetrators of abuse and highlighted the issue of financial dependency which many victims of abuse face.
“If we look at what happens across the country and in cases of violence, we tend to see persons who experience violence staying in these untenable situations because they are financially dependent,” Dr. Persaud said.
With this the bill expands protection to more categories of persons and will reshape the landscape of laws providing protection.
Persons who were never before able to seek protection would now be able to approach the courts and receive protection from any or all forms of violence perpetuated by persons who fail to be considered ‘family’ members.
Additionally, it caters for more punitive measures and the removal of discretionary powers from the police to ensure that action is taken.
The bill garnered backing from Minister of Education, Priya Manickchand, during its second and third reading, with her praising it as a robust legislation that offers support to victims.
Further to this, Minister of Legal Affairs and Attorney General, Anil Nandlall, said that the passage of the bill marked a significant step in addressing and preventing family violence in the country while also providing support and protection for victims.