Effectiveness of Domestic Violence Laws: A Comparative Doctrinal Analysis

Author(s): Dr. Rajeshri N Varhadi and Ashana Mishra

Abstract:

Domestic violence remains a pervasive global problem despite extensive legal reforms. This doctrinal research examines the effectiveness of domestic violence laws in a comparative context, focusing on the United States, United Kingdom, and India. Through analysis of statutes, landmark cases, and judicial interpretations, the paper evaluates how each jurisdiction defines domestic abuse, the remedies and enforcement mechanisms provided, and the real-world impact on protection of victims. The legal and social context of domestic violence is outlined to underscore the gravity of the issue and the evolution of legal responses. The need for the study is established by highlighting gaps between law on the books and law in action, as well as the value of cross-jurisdictional insights. Using a doctrinal methodology, the research analyses primary legal materials alongside pertinent case law including Town of Castle Rock v. Gonzales, R v. R, and Hiral Harsora. The comparative analysis reveals divergent approaches: for example, the US emphasizes criminal justice and protective orders, the UK has recently expanded statutory definitions and protections, and India employs both civil protection orders and criminal provisions. Findings indicate that while all three jurisdictions have strengthened their legal frameworks and seen improvements in awareness and reporting, challenges persist in enforcement, cultural attitudes, and ensuring victim safety. The conclusion offers reflections on judicial trends and considers best practices for enhancing the effectiveness of domestic violence legislation across different legal systems.

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Pages: 135-140     |    3 View     |    0 Download