DOMESTIC VIOLENCE LAWS: COMPARING INDIA AND OTHER COUNTRIES LESSONS, CHALLENGES, AND THE WAY FORWARD

 DOMESTIC VIOLENCE LAWS: COMPARING INDIA AND OTHER COUNTRIES LESSONS, CHALLENGES, AND THE WAY FORWARD

Introduction

Domestic violence is a grave violation of human rights that cuts across cultures, nations, and socio-economic classes. While laws have been enacted globally to curb this menace, their effectiveness depends on enforcement, societal attitudes, and the inclusivity of the legal provisions. In this blog, we explore how domestic violence laws in India compare with those in other countries, especially common law nations like the United States, United Kingdom, and Australia. We will also reflect on lessons India can learn and the persistent challenges that remain.

Structure of the Discussion

To provide a holistic understanding, this blog follows the structure below:

 Background

We explore the history and purpose of domestic violence laws, focusing on the Indian context and tracing parallels in other jurisdictions.

 Legal Provisions and Case Laws

We compare India’s legal framework with those in other countries, highlighting key statutes and landmark cases that have shaped domestic violence jurisprudence.

 Comparison with Common Law Countries

A detailed comparison with common law systems (US, UK, Australia) focusing on inclusivity, enforcement, and victim support.

Challenges and Real-life Relevance

We look at the ground realities in implementing these laws, backed by data and real-world examples.

Solutions and Lessons

This section discusses best practices India can adopt, drawing from international experience.

 Conclusion

Summarizing the findings and urging for stronger implementation and cultural change.

Background

India’s primary legislation addressing domestic violence is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). This act expanded the scope of protection beyond physical harm to include verbal, emotional, sexual, and economic abuse. The law aims at providing civil remedies such as protection orders, residence rights, monetary relief, and custody orders.

Globally, domestic violence laws evolved alongside the recognition of gender equality and human rights. For example, the UK’s Domestic Abuse Act 2021, Australia’s Family Violence Protection Act 2008, and various state laws in the US provide comprehensive frameworks addressing domestic abuse, often going beyond what Indian law currently provides.

Legal Provisions and Case Laws

India

PWDVA, 2005 Civil law focused on protection and relief for women

Section 498A IPC Criminalizes cruelty by husband/relatives

Relevant case law:

V.D. Bhanot v. Savita Bhanot (2012) Protection extends even for acts prior to the enactment of the Act.

Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) Struck down the limitation that only adult males could be respondents.

United Kingdom

The Domestic Abuse Act 2021 recognizes coercive control and psychological abuse.

Landmark cases R v R (1991) (abolition of marital rape exemption), United States

State-specific laws with mandatory arrest policies and protective orders

Violence Against Women Act (VAWA): Federal funding for victim support

Australia

State-based laws: Family Violence Protection Act (Victoria) notable

Provisions for intervention orders, mandatory reporting, and integrated safety responses

Comparison with Common Law Countries

Aspect India, UK, USA, Australia Scope of abuse Physical, sexual, verbal, emotional, economic Includes coercive control Varies by state, generally broad Comprehensive (physical, emotional, financial) Protection orders Yes Inclusivity Primarily women Gender-neutral Victim support Limited shelters, weak coordination Strong integrated services Funded shelters, hotlines Well-developed support services Enforcement Weak implementation, slow courts Dedicated courts, better police response Mandatory arrest in many states Risk assessment frameworks

Challenges and Real-Life Relevance

While India’s law is progressive on paper, implementation gaps are stark. Challenges include:

Poor police response and lack of sensitivity

Long delays in court processes

Low awareness, especially in rural areas

Stigma that silences victims

Limited male and LGBTQ+ victim protection

Real-life example: Reports show that many women in rural India don’t report abuse, fearing backlash, loss of shelter, or societal shame. Similarly, urban women face delays in securing protection orders.

In contrast, countries like Australia have multi-agency safety hubs, the UK has dedicated domestic violence courts, and the US has mandatory reporting/arrest laws in many states, ensuring quicker relief.

Solutions and Lessons

India can draw several lessons:

1. Adopt coordinated responses with police, social services, and courts working together, as seen in the UK/Australia.

2. Gender-neutral laws Extend protection to all victims irrespective of gender or sexual orientation.

3. Fast-track mechanisms Dedicated domestic violence courts to speed up cases

4. Increase victim support services, more shelters, counseling centers, and helplines.

5. Public awareness campaigns nationwide efforts to educate about rights and services

Conclusion

Domestic violence laws are a crucial shield, but the true measure lies in their effective implementation and the societal change they inspire. India’s laws, while comprehensive in theory, need stronger enforcement, inclusivity, and support systems. By learning from common law countries, India can build a more responsive and humane system to protect all victims of domestic abuse. The journey ahead demands not just legal reform but also a cultural awakening to end domestic violence in all its forms.

Closing Credits

Author - Joshua Musyoka Mutambu

Affiliation - South Eastern Kenya University,

Africa continent, Kenya

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"