Thai rights groups have slammed the government’s push to strengthen the domestic violence law, saying it continues to prioritise family unity over victim protection despite an epidemic of abuse.
The current Domestic Violence Protection Act of 2007 has failed to stem the crisis, says the Women and Men Progressive Movement Foundation (WMP), citing a surge in reported cases from 372 in 2021 to 1,086 in 2023.
And this is only the tip of the iceberg, according to the United Nations Office on Drugs and Crime (UNODC), which estimates that around one in nine domestic violence cases in Thailand go unreported.
“My husband grabbed my hair and sped off on his motorbike, dragging me along the road for hundreds of metres. I was covered in blood,” said 33-year-old Wassana Aromptip, recounting an attack about a month ago.
It left her with wounds to her head and face that needed stitches, a fractured cheekbone, and cuts and bruises all over her body. Despite the violent nature of the attack, police declined to take her husband into custody.
“He takes drugs and often turns violent,” Wassana said. “Since the police won’t arrest him, I decided to turn to Social Development and Human Security Ministry officials in my hometown.”
After mediation by the officials, Wassana and her husband signed an agreement, under which the husband must agree to a divorce if he attacks his wife again.
“The current law seems to encourage mediation and reconciliation, without providing proper protection to the victims,” said Varaporn Charmsanit, secretary-general of the Sexualities Studies Association.
Jaded Chouwilai, director of the WMP, confirmed that under the current law, the first option for police and social workers in domestic violence cases is mediation between the victim and the perpetrator.
“They ask them about their children, and focus so much on family ties that the victim often feels compelled to return to the same situation. This way, the victims continue to suffer abuse,” he said.
Nanthiya Phumsuwan, a volunteer at WMP, said her husband had assaulted her in various ways – beating her with his hands and sticks, kicking her, and even threatening her with a knife.
“He attacked me even when I was two-months pregnant,” she said, describing what she called the worst night of her life. The beating began at 11pm on January 7, 2015 and continued for the next six hours, only stopping when the police showed up.”
“The neighbours had wanted to help but were reluctant to get involved until a good Samaritan finally picked up the phone.”
Nanthiya then sought help from WMP to escape the cycle of abuse, and she now helps out with the group, supporting other women.
She has vowed never to return to her abusive spouse.
Push for better legal protection
The draft amendment to the current law expands the legal definition of “domestic violence” to cover sexual attacks, health and mental harm, and defamation.
However, the focus is still on keeping families together – which often compromises victims’ safety while offering no provision for rehabilitation of the abusers, Varaporn said.
“The law also carries lighter punishments for attackers than criminal law,” she said.
Two prominent rights groups – Varaporn’s Sexualities Studies Association and the Coalition against Gender-based Violence Thailand (CaGBV) – are now pushing for an alternative amendment to the domestic violence law that focus on victim protection.
Over 15,000 people have signed their online petition in support of the amendment at changedvlaw.com, with 20,000-plus signatures expected by the end of June.
Key points in the draft
The victim-centred amendment proposed by the civil groups contains stronger protections and close monitoring of cases. For example, authorities will not be tasked with merely showing up to stop violent abuse, but also checking on the victim at least 24 hours later.
Officials would also be handed more power to move victims to a safe place in cases where they remain at risk of abuse.
Also, in cases where victims are unable or unwilling to speak to police, officials would have the authority to hand over victims’ medical records and any mental health assessment to investigators.
Officials handling domestic violence complaints would be required to act as case managers or appoint one within 72 hours.
The case manager would be responsible for coordinating with a multidisciplinary team to protect the victim’s physical and mental well-being until they are able to take care of themselves.
The civil-sector draft amendment would also make domestic abuse an offence under criminal law and remove any chance of cases being settled outside court.
The draft also carries harsher punishment for repeat offenders.
Moreover, it specifies that old cases settled out of court can be considered in the sentencing of repeat abusers.
The draft also extends legal protections against violence to unmarried couples.
‘Change in attitude necessary’
Jaded highlighted a deeply ingrained belief in Thai society that no one should intervene in conflicts between husband and wife.
“Police also consider these disputes to be personal matters,” he added. “And the Public Health Ministry merely considers domestic violence cases an added workload.”
Though the Domestic Violence Victim Protection Act falls under the jurisdiction of the Ministry of Social Development and Human Security, the Public Health Ministry plays a crucial role – providing victims with medical care, mental health support, and referrals to social services, shelters and legal aid.
Angkana Inthasa, head of Gender Equality Promotion at WMP, said many women remain trapped in a cycle of domestic violence because they are either too afraid, worried or embarrassed to stand up for themselves.
“Also, many women still believe that children must be raised by two parents,” she said.
“Many also believe they can change their husbands’ abusive behaviour, but this is difficult since several men still hold patriarchal views.”
Hence, it’s crucial to educate women about their rights and the steps they can take when their partners become abusive. “We have to teach them how to step out of an abusive relationship,” she said.
