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Domestic Violence Against Women : A Comparison of India and U.S. law

Domestic Violence Against Women : A Comparison of India and U.S. law. Dr. Bibha Tripathi Associate Professor Law School Banaras Hindu University (BHU) Professor David W. Tushaus Fulbright-Nehru Scholar, BHU Missouri Western State University

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Domestic Violence Against Women : A Comparison of India and U.S. law

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  1. Domestic Violence Against Women :A Comparison of India and U.S. law Dr. BibhaTripathi Associate Professor Law School Banaras Hindu University (BHU) Professor David W. Tushaus Fulbright-Nehru Scholar, BHU Missouri Western State University With assistance from Pam Clary, MSW; LCSW; LSCSW BSW Field Coordinator Missouri Western State University St. Joseph, Missouri 8 November, 2012

  2. Domestic Violence : A Global Problem What is violence ? • An unlawful exercise of physical force - Oxford Dictionary • An act of aggression that crosses the boundary of another person's autonomy and identity - • A coercive instrument to: "assert one's will over another to prove or feel a sense of power.“ Robert Litke "Violence and Power” -International Social Science Journal.

  3. Domestic Violence • Violence within the home or within the family • It includes violence between spouses, the abuse of children and of the elderly. • It is also known as domestic abuse, spousal abuse or intimate partner violence. • See, BibhaTripathi,"Substance Abuse and Domestic Violence in India,' Universitas 2007-2008(2), 5-9 at 6, In view of substance abuse, domestic violence would mean violence against each and every member of a family, Kinship and near relatives who are adversely affected by the violence.

  4. The U.S. Office on Violence Against Women (OVW) • Domestic violence is a "pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner". • The definition adds that domestic violence" can happen to anyone regardless of race, age, sexual orientation, religion, or gender", and that it can take many forms, including physical abuse, sexual abuse, emotional, economic, and psychological abuse. • www.usdoj.gor/ovw/domviolence.htm/visited on 18.06.2009.

  5. Statistics • One in every four women will experience domestic violence in her lifetime • An estimated 1.3 million women are victims of physical assault by an intimate partner each year • 85% of domestic violence victims are women pclary

  6. U.S. Statistics • Up to 70% of batterers also abuse the children (MCASDV, 2011). • The Child Welfare Response • Studies indicate that 30-50% of families with domestic violence are involved with the child welfare system. pclary

  7. Abusive Behavior Monitors what you're doing all the time Unfairly accuses you of being unfaithful all the time Gets very angry during and after drinking alcohol or using drugs Controls how you spend your money pclary

  8. Abusive Behavior Prevents or discourages you from seeing friends or family Prevents or discourages you from going to work or school Controls your use of needed medicines Decides things for you that you should be allowed to decide (like what to wear or eat) pclary

  9. Abusive Behavior Hurts you (by hitting, beating, pushing, shoving, punching, slapping, kicking, or biting) Uses (or threatens to use) a weapon against you Blames you for his or her violent outbursts Threatens to harm himself or herself when upset with you Says things like, "If I can't have you then no one can." pclary

  10. Abusive Behavior Humiliates you in front of others Destroys your property or things that you care about Threatens to hurt you, the children, or pets Forces you to have sex against your will Controls your birth control or insists that you get pregnant pclary

  11. Domestic Violence Law Reforms in the U.S. • Spouse abuse was viewed by the police and courts as an intractable conflict • unsuited for police attention and • inappropriate for prosecution in the U.S. in the 1960’s • 47 states in the US had passed domestic violence legislation by 1980. • R.J Parans, "Police Response to Domestic Violence," Wisconsin Law Review, Vol. 31, 914-60, 1967 cited in Jayna Kothari, "Criminal Law on Domestic Violence," Economic and Political Weekly, 4843-4849 at 4846, Nov. 12, 2005. • Id at 4847.

  12. Domestic Violence and Criminal Law Reforms in INDIA • Criminalization of domestic violence in India was brought about in the early 1980s • Through the enactment of Sec. 498A in the IPC in 1983, Sec. 304B in 1986 and corresponding provisions in the Indian Evidence Act, 1872.

  13. India’s Protection of Women from Domestic Violence Act, 2005 The Act has 37 sections divided into five main parts part one provides definitions Part three deals with powers and duties of protection officers and service providers. Part four deals with the procedure for getting protection order part five deals with "Miscellaneous provisions." • Section-3 defines 'domestic violence' in the widest possible manner to cover every eventuality. Any act conduct/omission/commission that harms or injures, or has the potential to harm or injure, comes under "domestic violence.“ • It includes actual abuse or the threat of abuse, whether physical, sexual, emotional, verbal or economic.

  14. India Laws Compared with U.S. Laws INDIAN LAWS U.S. LAWS WIDE DEFINITION OF DOMESTIC VIOLENCE intimate partner violence. a spouse/ ex-spouse or even someone from a never married couple can get an Order of Protection; CONT… • WIDE DEFINITION OF DOMESTIC VIOLENCE • any woman can claim relief under the Act who is facing violence in a domestic relationship . • a shared household is a household where the woman resides with a man in a domestic relationship

  15. India U.S. prohibits the victimizer from having ANY contact or even proximity to victims gives law enforcement and the courts a means of either warning off victimizers or by getting them into custody before actual harm occurs protection order, residence order, an order for monetary relief, custody order, compensation order, Interim/Exparte order, or more than such order. • The Act provides two models of relief system. One is reconciliatory model and the other is punitive

  16. India U.S. Violation of Order In some cases, violations might result in a misdemeanor or felony criminal conviction and punishment. Contempt of Court is another approach that can be taken. Breach of protection order • Cognizable and non bailable offence punishable with imprisonment that may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

  17. India U.S. Most states' orders can also require the abuser to stay away from the victim and her home, workplace or school Can usually order that all contact, whether by telephone, text messages, notes, mail, fax, email, through a third person, or delivery of flowers or gifts, is prohibited.   • A woman has the right to reside in a shared household. • The court can also direct the perpetrator of violence to provide alternative accommodation in cases where she does not want to return to a violent home.

  18. US LAWS Many States: • Allow the court to make decisions about the care and safety of the children • Order the abuser to turn over any guns, rifles and ammunition • Attend a batterers' treatment program • Appear for regular drug tests, or start alcohol or drug abuse counseling.

  19. Non-violence, which is the quality of the heart, cannot come by an appeal to the brain.   Mahatma Ghandi At the center of non-violence stands the principle of love.  Martin Luther King Jr. pclary

  20. Recommended Resources Alvarez, A. & Bachman, R., (2008). Violence: The enduring problem. Thousand Oaks, California,: Sage Publishing. Bancroft, Lundy, (2002). Why does he do that. New York, New York: The Berkley Publishing Group. Bancroft , L. , & Silverman, J. (2002). The batterer as parent. Thousand Oaks, California: Sage Publishing. Farmer, R. (2009). Neuroscience and social work practice. Thousand Oaks, California: Sage Publishing . Figley, C. R. (Ed.) (1995). Compassion fatigue: Coping with secondary traumatic stress disorder. New York: Brunner/Mazel. Hamel, J., & Nicholls, T. (2007). Family interventions in domestic violence. New York, New York: Springer Publishing Company. Missouri Coalition Against Domestic and Sexual Violence (2011). Supporting battered mothers protects children: Reducing the effects of domestic violence on children. Jefferson City, MO: MCASDV. Roberts, A. (2007). Battered women and their families, 3rd ed. New York, New York: Springer Publishing Company. White, R. Tapping innate resilience in children, NCJFCJ, Synergy, Volume 7, No. 2, Summer 2003. • Slides #5-7, 19, & 34 are used with permission from the Missouri Coalition Against Domestic and Sexual Violence. • Slide #24, #25 used with permission from Jean West, MSW; LCSW pclary

  21. Web Resources • http://dss.mo.gov/cd/info/cwmanual/section7/ch1_33/sec7ch24.htm (The Child Welfare Manual) • www.proqol.org/Compassion_Fatigue.html • www.Compassionfatigue.org. • www.helpguide.org/mental/burnout_signs_symptoms.htm pclary

  22. THANK YOU

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