BRIDGING THE GAP: DOMESTIC VIOLENCE IN INDIA AND USA INSIGHTS

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Authors: Zoya Jamal Khan, Jaya Tiwari
Cited by: 0

Abstract

Domestic violence is among the most persistent violations of human rights, undermining the constitutional guarantees of equality, dignity, and liberty in India.Despite the Protection of Women from Domestic Violence Act, 2005, and the consolidation of criminal provisions under the Bharatiya Nyaya Sanhita, 2023, significant challenges in prevention and prosecution endure.Data from the National Family Health Survey-5 (2019-21) show a high prevalence of spousal violence, revealing a clear gap between legislative intent and real-world enforcement.This paper critically analyses India's reformed legal framework, institutional structures, and judicial approaches to domestic violence, with comparative insights from the United States' Violence Against Women Act (VAWA).The U.S. model offers a coordinated federal-state strategy for prevention, victim support, and prosecution, whereas India employs a hybrid civil-criminal pathway.While both jurisdictions define abuse broadly and prioritise survivors' protection, their procedural models differ in scope, funding, and implementation.Adopting a descriptive-analytical approach, the study examines measures such as specialised domestic violence courts, protection order enforcement, multiagency collaboration, victim and witness protection, and the integration of digital evidence in prosecutions.It evaluates strengths and gaps, considering how elements of the U.S. system could inform reforms in the Indian context.The paper concludes by recommending enhanced early intervention, targeted training for law enforcement, improved data transparency, and community-based prevention models.These strategies, grounded in a victim-centred and rights-oriented framework, are essential for closing the gap between legal safeguards and their application, strengthening justice delivery, and advancing gender justice within India's post-reform criminal law framework.IndexTerms -Domestic violence,

Fields of Study & Subjects

Intimate Partner and Family Violence Gender Violence Rights in Latin America Elder Abuse and Neglect

Publication details

Journal / source
INTERNATIONAL JOURNAL OF RESEARCH AND ANALYTICAL REVIEWS
Volume
13
Issue
1
Publication date
1 January 2026
Language
EN