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Title: Domestic violence legislation in India: The pitfalls of a human rights approach to gender equality
Authors: Jain, Dipika
Keywords: Domestic Violence laws, India, USA, Courts
Issue Date: Mar-2013
Citation: Jain, Dipika. (2013). Domestic violence legislation in India: The pitfalls of a human rights approach to gender equality. American University Journal of Gender, Social Policy and the Law Vol. 21 No. 2: 333-378.
Abstract: The Article traces the history of domestic violence in India from independence up to the passage of the PWDVA and out the major criticisms of the PWDVA and Section 498A, respectively, paying particular attention to the victimization of male partners and female in-laws, as well as police corruption. It further outlines the facts of the Lenahan case and discusses the U.S. court decisions and the Inter-American Commission Report. It then analyzes the differences between the U.S. Supreme Court and the Commission’s Report, focusing on sources of law and the breadth of inquiry undertaken by each body. Finally discusses the Indian domestic violence legislation within the framework of the Lenahan Report, which advanced a broad conception of equality. The Article concludes with some recommendations as to how India can reform its domestic violence regime such that it continues to positively protect women, but mitigates the negative consequences stemming from its current laws. In short, India must adopt multifaceted legislation that better targets deeply rooted institutional and cultural problems such as corruption and patriarchal social norms, in addition to combating domestic violence per se.
Appears in Collections:JGU Research Publications

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