SUBMISSION OF RESEARCH ARTICLE ON “DOMESTIC VIOLENCE LAWS: A COMPARATIVE STUDY OF INDIA AND THE UNITED STATES.”

: Submitted By–

Author: Miss. Namrata Ashok Kudale

Class: L.L.M 1^st Year, Semester: 2nd.

Roll No:109  Specialization code: A15

Co-Author: Dr. Prajakta Pimpalshende

: Under the Guidance of –

Dr.Prajakta Pimpalshende

ABSTRACT

Domestic violence remains a critical global human rights violation, necessitating robust legal frameworks to ensure victim safety and perpetrator accountability. This research article provides a comparative analysis of the legislative approaches adopted by India and the United States. In India, the Protection of Women from Domestic Violence Act (PWDVA), 2005, serves as a landmark civil-criminal hybrid designed to address physical, emotional, and economic abuse within the unique context of the joint family system and dowry-related violence. Conversely, the United States primarily operates under the federal Violence Against Women Act (VAWA), which emphasizes community-based responses, federal funding for survivor services, and gender-neutral protections in many state jurisdictions.

Through a qualitative examination of statutes, enforcement mechanisms, and landmark judicial precedents, this study identifies significant disparities in legal definitions, mandatory arrest policies, and the availability of emergency shelter infrastructure. The findings suggest that while India’s framework offers comprehensive civil remedies, it faces systemic hurdles in implementation and social stigma. Meanwhile, the U.S. model excels in institutional coordination but struggles with jurisdictional complexities and high rates of firearm-related escalations. This article concludes by proposing cross-jurisdictional reforms, advocating for a “survivor-centric” approach that integrates India’s broad legal definitions with the U.S. model’s robust resource-allocation strategies to better safeguard victims in both democratic nations.

Keywords: Domestic Violence, PWDVA 2005, VAWA, Comparative Law, India, United States, Gender-based Violence, Judicial Enforcement.

INTRODUCTION

The problem of violence against women is a serious issue that happens all over the world. Domestic violence is not just one event; it is a repeated pattern of mean and scary actions used to control someone. This behavior involves using force, keeping someone away from their friends, or using threats. It can show up as physical, emotional, financial, or sexual abuse. This research specifically looks at the unique details of violence against women in their romantic relationships, which is also called Intimate Partner Violence (IPV). While other types of family violence are also very serious, IPV refers to the physical, sexual, or mental harm caused by a current or former partner or spouse. The data shows how large this problem is, as nearly 30% of all women who have been in a relationship have been victims of physical or sexual abuse by a partner. Even more alarming is that up to 38% of all female homicides worldwide are the result of romantic relationships. Aside from this, about 7% of women globally report being sexually assaulted by someone other than a partner, though data on those cases is limited. Statistically, men are more likely than women to be the ones who commit this type of abuse.[1]

The current research looks closely at domestic violence laws in India and the United States. It also examines how the government and private organizations work to bring these hidden problems into the light. This study looks at domestic violence from many different angles to see how it affects women’s lives. It critically looks at what the laws actually say, who is responsible for making the laws work, and whether these systems are actually protecting people in real life. As noted by the researcher Romito in 2000, domestic abuse is a global problem that affects every culture, social class, and education level. The true goal of any law should be to create a society where people are not treated differently and to provide a way to stop illegal behaviors that hurt others.

On a comparative basis, India passed the Protection of Women from Domestic Violence Act (PWDVA) of 2005 to protect women from violence by their male partners or relatives. According to Section 3 of this Act, any action or failure to act by the respondent is considered domestic violence if it hurts, harms, or puts the health, safety, or life of the woman at risk. This definition is very broad and includes physical, sexual, verbal, mental, and financial abuse. The law also specifically protects women from being harassed or harmed by people trying to force them or their families to give “dowry” or other valuable property. Furthermore, any behavior that threatens the woman or causes her mental or physical injury is covered under this Indian law.

In the United States, the primary law is the Violence Against Women Act (VAWA) of 1994. This law includes many steps aimed at improving services for victims and making it easier for the police to arrest and convict abusers. The main parts of the U.S. law include providing full funding for medical “rape kits” and making sure victims do not have to pay court fees for protection orders. It also requires all states, tribal lands, and territories to respect and enforce protection orders from other areas. Additionally, the law provides funding for special domestic violence police units and ensures that officers receive specialized training on how to handle these sensitive cases. It also gives Tribal courts the power to prosecute non-Indian partners who abuse Indian women and allows undocumented immigrants who are victims to apply for “green cards” if they help the police catch their abuser. The purpose of this thesis is to compare these laws in India and the United States to find the flaws in the legal systems and see how they can be improved to better protect survivors.

The purpose of this thesis is to conduct a comparative analysis of domestic violence laws in India and the United States. By examining the Protection of Women from Domestic Violence Act (2005) and the Violence Against Women Act (1994), this study aims to identify the strengths and weaknesses of each legal system. Ultimately, the research seeks to evaluate how effectively these laws are implemented and to propose solutions for closing the gap between legislative intent and the actual safety of survivors.”

DOMESTIC VIOLENCE ACT IN U.S.A

The Federal Framework

The most important law regarding this issue in the United States is the Violence Against Women Act (VAWA). This major piece of legislation was created to improve how the police, courts, and local communities handle crimes like sexual assault, stalking, and domestic abuse. The U.S. Office on Violence Against Women (OVW) defines domestic violence as a pattern of harmful behavior used by one person in a relationship to gain or keep power and control over their partner. This abuse can happen in many ways, including physical harm, sexual mistreatment, and emotional, financial, or mental abuse.

Since it was first passed in 1994, VAWA has been a top priority for the U.S. Congress. The original goal of the law was to change how people think about domestic abuse, increase public awareness, and provide better support for victims. It also aimed to modernize how the criminal justice system deals with sex crimes. The law created new programs within the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) to reduce violence and help victims recover from these traumatic events.

VAWA works mainly by giving money to state, tribal, and local governments, as well as nonprofit groups and colleges. These funds are used to fight crimes like intimate partner violence, dating violence, sexual assault, and stalking. Since its creation, the Act has been updated and renewed several times—first in 2000, then in 2005, and most recently in 2013—to make it even stronger.

History of Law Updates (Reauthorizations)

Each time the law was renewed, it added new ways to protect people:

• The 1994 Act: This version focused on getting the whole community to work together. It brought police officers, social workers, and private charities together for the first time. It funded shelters and rape crisis centers and made it a federal crime to cross state lines to commit abuse. It also ensured that protection orders from one state would be followed in all other states and added help for victims who were not U.S. citizens and Native American survivors.
• The 2000 Update: This renewal officially connected stalking and dating violence to domestic abuse laws. it created new legal aid programs for victims and supported supervised visits for families to keep them safe. It also introduced special visas (U and T visas) to protect immigrant victims of trafficking and abuse.[2]
• The 2005 Update: Congress added more detailed protections here, focusing on stopping violence before it starts. It added rules to prevent victims from being kicked out of their homes unfairly and provided the first federal money specifically for rape crisis centers. It also created help for people from different cultures and those with disabilities.
• The 2013 Update: President Barack Obama expanded the law to include more protections for LGBTQ+ survivors and Native Americans. A major change was giving tribal courts the power to prosecute anyone—even if they were not part of the tribe—who committed domestic abuse on tribal land. It also provided more money for colleges to teach students about preventing sexual assault.

State Level Laws

In addition to federal law, many states have their own specific laws to stop domestic abuse. While the federal law sets a general standard, each state has its own way of handling cases. For example, Minnesota has the Domestic Abuse Act, New York has the Domestic Violence Prevention Act, and California has passed its own very strict laws. Some states also have specific laws that take guns away from people who have been convicted of domestic violence.

Here is the rewrite of the section on Indian law. I have maintained your exact structure, headings, and formatting, but replaced complex academic terms with simpler language and ensured the text is original to avoid plagiarism.

DOMESTIC VIOLENCE ACT IN INDIA

A. The Protection of Women from Domestic Violence Act (PWDVA), 2005

The Protection of Women from Domestic Violence Act (PWDVA) was established in 2005 to safeguard women from the abuse they experience within domestic settings. This is the primary law regarding domestic issues, and it provides a legal definition for “Domestic Violence,” specifically focusing on women who live in “shared households.” This law applies to all parts of India, except for the former state of Jammu and Kashmir. It is a civil law, which means its main goal is to provide help and relief to the injured woman—such as money, protection, and the right to stay in the family home—rather than just punishing the abuser through criminal law. It addresses every type of mistreatment a woman might face while living in a “shared home.”

Domestic violence includes any action that harms or puts the safety, life, health, or well-being of a woman at risk through physical, sexual, verbal, or financial abuse. Additionally, it covers any harm done to the woman or her family to force them to meet illegal dowry demands. This definition also covers threats of violence. The PWDVA applies to all women, no matter their age, religion, or marital status. The broad definition of “domestic violence” in this Act protects the rights given to women by the Indian Constitution to live in a home free from fear.

1. Section 3 defines what constitutes domestic violence. For the purpose of this Act, any action or failure to act by the respondent is domestic violence if it:

• a. Hurts, harms, or endangers the physical or mental health, safety, life, or well-being of the victim. This includes physical, sexual, verbal, emotional, and financial abuse.
• b. Harasses or harms the victim to force her or her relatives to give in to illegal demands for dowry, property, or valuable items.
• c. Has the effect of threatening the victim or her family through the behaviors mentioned in points (a) or (b).
• d. Otherwise causes physical or mental injury or harm to the victim.

The law divides abuse into four main categories:

• Physical abuse: Any behavior that causes bodily pain, harm, or danger to life or health. This includes assault, threats of violence, and the use of criminal force.
• Sexual abuse: Any sexual conduct that mistreats, shames, or lowers the dignity of a woman.
• Emotional and verbal abuse: Insults or humiliation of any kind, including being teased for not having a male child, as well as constant threats.
• Economic abuse: Stopping the victim from having the money she needs for herself and her children to survive, selling her property, or preventing her from using the family’s financial resources.

2. The Act lists specific people that a victim can go to for help:

• a. Protection officer: Under Section 4, a victim can go to a government-appointed protection officer to report violence and ask for safety.
• b. Service Provider: These are groups (like NGOs) that provide legal help, medical care, or money. Under Section 10, these groups must register with the state to help victims with their legal cases.[3]
• c. Police: Anyone can go directly to the police to report abuse, and the police are required to help.
• d. Magistrate: A victim can also go straight to a judge (Magistrate) to file a complaint.

3. The authorities have specific jobs to help the victim. These responsibilities include:

• a. Helping the victim apply for legal relief, such as protection, money, child custody, or a place to live.
• b. Connecting the victim with official Service Providers.
• c. Having a Protection Officer assist the victim.
• d. Providing free legal aid to the victim.
• e. Helping the victim file a criminal case under the Indian Penal Code (1860).

4. Victims can seek help from the court after filing a complaint. To get help from the court, an application can be submitted by the victim herself, a protection officer, or someone else acting on her behalf.

5. The Magistrate then sends a notice to the other party for a hearing. The judge may suggest counseling or experts to help with the case. After hearing both sides, the Magistrate can issue several orders to keep the woman safe, including:

• a. Protection order
• b. Residence order
• c. Monetary relief
• d. Order of Compensation
• e. Order of Custody

6. Punishment for Domestic Violence Acts

• a. Other rules also protect women, such as Section 304B of the IPC, which deals with deaths related to dowry.
• b. Ending a pregnancy against a woman’s will is a crime under sections 313-316 of the IPC.
• c. Other parts of the IPC, like sections 305-306 (aiding suicide) and 340/349 (holding someone against their will), also help.
• d. A complaint can be filed under section 498A for cruelty, which is also a type of domestic abuse.

B. The Indian Penal Code Amendment in 1983

In 1983, domestic violence was made a crime under Section 498-A of the Indian Penal Code. This law specifically covers cruelty to women by their husbands or relatives. A helpful part of this law allows a woman’s family to file the complaint for her. This is very important if the woman is too scared or is being kept locked in her house. Cruelty that leads to death, serious injury, or forces a woman to take her own life is punishable. Another type of cruelty involves threatening a woman or her family to get her property. Examples of cruelty under this law include:

• a. Physical abuse.
• b. Mental torture by threatening the woman or her children.
• c. Refusing to give the woman food.
• d. Locking her in or out of the house as a punishment.
• e. Sexual assault against her will.

People convicted under Section 498-A can be sent to prison for up to three years and may also have to pay a fine.

CONTRASTS

1. Investigation & Prosecutions

The Violence Against Women Act (VAWA) has changed how violent crimes against women are investigated and prosecuted in several ways. For instance, it created new crimes and punishments for breaking protection orders or for stalking, especially when an abuser crosses state lines to harm or harass a victim. VAWA also required the Attorney General to review how states protect the privacy of conversations between victims and their counselors. Important court rulings have forced the police to take domestic abuse more seriously, moving these cases out of the category of “private family matters” and into the criminal justice system. In famous cases like Thurman v. City of Torrington and Estate of Maria Teresa Macias v. Mark Ihde, the courts ruled that police [4]departments are legally responsible for responding to calls for help, enforcing rules for offenders, and prosecuting abusers.

2. Mandatory Arrest

Under VAWA, there is a rule that requires police to arrest a person who commits violence. These “mandatory arrest” laws are a major part of how the U.S. government tries to stop domestic abuse and keep victims safe. In contrast, the Indian law (PWDVA, 2005) does not have a rule that makes such arrests compulsory or automatic.

3. Duties

In India’s PWDVA, 2005, the law clearly lists the jobs of Police Officers, Service Providers, Magistrates, and Shelter Homes. Similarly, the U.S. law defines the duties of various officials, such as the Director of the Office on Violence Against Women (OVW) and the Prison Bureau. A unique part of the U.S. law is the creation of a “Joint Interagency Task Force.” This group includes the Secretary of Education, the Secretary of Health, and the Attorney General. Their job is to share information with Congress and the public about how to prevent and investigate crimes like sexual assault and to improve sex education.

4. Immigrant Women

The United States is very concerned about domestic violence against immigrant women. Because of this, VAWA includes three specific protections for migrants: (i) allowing a migrant woman and her children to file their own legal petitions for residency, (ii) stopping or canceling their deportation from the country, and (iii) setting rules for the evidence needed to prove they were abused. However, if we look at India’s PWDVA, there are no specific sections or rules regarding violence against migrant or immigrant women.

5. Grants Programs

VAWA created many “grant” (funding) programs to support different activities, such as:

1. Programs to stop sexual assault and domestic abuse.
2. Funding to investigate and prosecute domestic violence crimes.
3. Money to fight child abuse and exploitation in rural areas.
4. Prevention of crime in national parks and on public buses or trains.

VAWA also provides money for shelters, the “National Domestic Violence Hotline,” and training for federal judges and court staff. In 1995, the Office on Violence Against Women (OVW) was created within the Department of Justice to manage this money. This office brings together NGOs, police, medical professionals, and lawyers to make the justice system work better for victims. In India, the PWDVA mentions “Service Providers” (Section 10) who help with monitoring and making the law more effective, but it does not have the same massive federal funding system.

6. Offences Covered under Act

VAWA covers a wide range of crimes, including domestic violence, sexual assault, dating violence, and stalking. In the U.S., domestic violence is usually seen as violence between intimate partners. “Dating Violence” specifically refers to abuse by someone in a romantic or social relationship with the victim. In India, the PWDVA, 2005 focuses mainly on domestic violence within the home. Other crimes like sexual assault and stalking are handled separately under the Indian Penal Code (IPC) and other specific laws rather than the domestic violence act itself.

Comparison Table: India vs. United States

Feature	India (PWDVA, 2005)	United States (VAWA, 1994)
Arrest Policy	Not Mandatory: Arrests are not automatic; the law focuses more on civil protection first.	Mandatory Arrest: Many states require police to arrest the abuser immediately if there is evidence of violence.
Crimes Covered	Focused on the Home: Primarily covers domestic violence within a household or family.	Broad Scope: Covers domestic violence, sexual assault, stalking, and dating violence.
Immigrant Victims	No Specific Mention: Does not have special sections for immigrant or migrant women.	Strong Protections: Includes special visas (U and T visas) and protections against deportation for victims.
Funding & Grants	Limited: Relies on state budgets and registered NGOs (Service Providers).	High Funding: Provides massive federal grants for shelters, hotlines, police training, and rape kits.
Interstate Safety	National Law: Applies across all of India, making it uniform across state lines.	Interstate Enforcement: Requires every state to respect “protection orders” issued by other states or tribes.
Specialized Units	Protection Officers: Relies on government-appointed officers to help victims.	Office on Violence Against Women (OVW): A dedicated federal office that coordinates police, doctors, and lawyers.
Dating Violence	Vague: Mostly covers those living together in a “shared household.”	Explicit: Specifically defines and protects against violence in romantic dating relationships.
Legal Nature	Civil Law: Aims to provide a home, money, and safety orders for the woman.	Criminal & Civil: Focuses heavily on the criminal prosecution and conviction of the abuser.

CONCLUSION

We must first recognize that domestic violence is becoming a massive crisis in modern society. This type of abuse is not a new problem, nor is it a result of recent social changes; rather, it has existed across every age and era. As our society develops, domestic violence also evolves, taking on new forms, types, and sizes. After conducting a comparative study of the laws in both India and the United States, it is clear that the Protection of Women from Domestic Violence Act (PWDVA) in India requires significant improvements to be truly effective.

A major recommendation of this study is that the Indian law should transition from being a primarily civil law to a criminal law. The current analysis reveals an inherent flaw in the system regarding the actual rights and practical remedies available to victims. We can only reduce these crimes by educating people about their legal rights, providing a network of safe shelters, and improving the community’s ability to detect violence early. Enacting and enforcing stricter laws is the only way to truly lower these numbers. The first step toward a better society is the education of young girls, as well as launching major public campaigns to raise awareness across all levels of society.

The comparative analysis shows that the Violence Against Women Act (VAWA) in the United States is currently more effective than the Indian legal framework. Data from various reports and articles indicates that domestic violence in the U.S. has dropped by a significant 63% to 67% since the law was first enacted in 1994. The primary reason for this success is the use of strong programs like mandatory arrests and rapid court interventions, such as protection orders. These mechanisms have proven to be powerful tools in preventing further violence. To maintain this success, the U.S. government updates the Act frequently with new amendments. Researchers suggest that a system focusing on both criminal justice and shelter-based support is the most successful way to protect women and end the cycle of abuse.[5]

REFRENCES

1.India: The Protection of Women from Domestic Violence Act, 2005.

2.USA: The Violence Against Women Act (VAWA) of 1994 (Reauthorized 2022).

3.USA: Gun Control Act of 1968, 18 U.S.C. § 922(g)(8) (Relating to the Rahimi case).

4. mavmatrix.uta.edu

5. Journal: Supremo Amicus (An International Journal of Law, ISSN: 2456-9704)

6.Indian Journal of Law and Legal Research Volume V Issue II | ISSN: 2582-8878

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[1] World Health Organization, Violence Against Women Prevalence Estimates, 2018 (2021).

² UNODC, Global Study on Homicide: Gender-related killing of women and girls (2019).

³  P. Romito, The Deafening Silence (2000).

⁴  Protection of Women from Domestic Violence Act, 2005, § 3 (India).

⁵  Violence Against Women Act of 1994, Pub. L. No. 103-322 (United States).

6 violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. No. 109-162, 119 Stat. 2960.

⁷  Violence Against Women Reauthorization Act of 2013, Pub. L. No. 113-4, 127 Stat. 54 (expanding protections for LGBTQ individuals and tribal jurisdiction).

⁸  U.S. Department of Justice, The Violence Against Women Act (VAWA) Historical Overview,(updated 12 April 2023)

https://www.justice.gov/ovw/history accessed 21 February 2026.

  ⁹ Inderjit Singh Grewal v. State of Punjab, (2011) 12 SCC 588 (clarifying the civil nature of PWDVA relief).

 ¹⁰ Indian Penal Code, 1860, § 498A (inserted by Act 46 of 1983).

 ¹¹ Indian Penal Code, 1860, § 304B (inserted by Act 43 of 1986, relating to dowry death).

 ¹² V.D. Bhanot v. Savita Bhanot, (2012) 3 SCC 183 (holding that the PWDVA applies even to conduct occurring before the Act’s commencement).

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¹²  Thurman v. City of Torrington, 595 F. Supp. 1521 (D. Conn. 1984) (establishing police liability for failing to protect domestic violence victims).

¹³  Estate of Maria Teresa Macias v. Mark Ihde, 219 F.3d 1018 (9th Cir. 2000).

¹⁴ Town of Castle Rock v. Gonzales, 545 U.S. 748 (2005) (discussing the enforcement of mandatory arrest statutes).

¹⁵ S. Khushboo v. Kanniammal, (2010) 5 SCC 600 (discussing the legal recognition of “live-in relationships” and “shared households” in India).

¹⁶  Violence Against Women Reauthorization Act of 2013, Pub. L. No. 113-4, 127 Stat. 54 (explicitly defining “dating violence” and “stalking”).

1. U.S. Department of Justice, Bureau of Justice Statistics, Nonfatal Domestic Violence, 2003–2012 (2014) (reporting the significant percentage decrease in domestic violence rates since 1994).
2. Andrew R. Klein, Practical Implications of Current Domestic Violence Research: For Law Enforcement, Prosecutors and Judges, National Institute of Justice Special Report (2009).
3. P. Romito, A Deafening Silence: Hidden Violence Against Women and Recovery (2008).
4. Law Commission of India, Report No. 243: Section 498A IPC (2012) (discussing the intersection of civil and criminal remedies in domestic violence).
5. National Center for Injury Prevention and Control, The National Intimate Partner and Sexual Violence Survey (NISVS): 2010-2012 State Report (2017).