1.1 What are the relevant statutes and codes?
There are currently no direct laws on domestic violence.
1.2 What is the controlling case law?
In Myanmar, case law is primarily based upon customary law.[1] Common law remedies for women of domestic violence can be categorized as follows:
1. divorce by matrimonial fault,[2] specifically the following:
- ordinary cruelty
- grievous cruelty
2. elements of fault include the following:
- physical violence is a matrimonial fault[3]
- isolated instance of ill-treatment or violence is not sufficient[4]
- must include physical violence or infliction of mental pain with indifference to the pain caused[5]
- cruelty includes any act likely to endanger the body, life or health of the victim[6]
3. remedies[7] include the following:
- right to divorce
- husband who commits grievous matrimonial fault waives all joint property rights
1.3 What are the specific parts of the court system that address domestic violence?
Cases of domestic violence will be brought within the normal court structure. However, cases of rape have been successfully prosecuted in military tribunals.[8]
1.4 What are potential causes of action?
There are currently no direct laws on domestic violence and no laws that allow women to seek restraining orders against violent men. However, one remedy is to file for divorce under Myanmar customary law.
Some protection is provided under the Penal Code as it relates to all people, but there are no specific provisions for domestic violence.[9]