ABSTRACT
Violence against women and children is a major societal issue. This study focuses on how different legal framework address the protection of the vulnerable groups which hurt women and children. This research paper explores and examines the comparative analysis of women’s and child rights laws in context of 3 countries namely India, USA and Africa. The research explores how these countries which represents diverse socio legal and cultural landscape address the domestic violence through legal frameworks.
Victims of domestic violence are often reluctant to report crimes because they fear social censure or stigmatization. Women and children have a severe problem because the offenders are usually the people they know or their close relative.
India’s Protection of Women from Domestic Violence Act, 2005, is reviewed on the basis of how its provisions safeguard women and their dependent children in addressing enforcement issues based on social stigma. Federal and state governments in the United States collaborate in addressing domestic violence through the Violence Against Women Act (VAWA) and affiliated child-protection initiatives. Sweden serves as a paradigm case of well-integrated and comprehensive support systems characterized by its gender-equitable policies. The recommendations mentioned in this study highlights the policy changes to improve national legal framework. Continuous review and revision of legal frameworks will be essential for promoting fairness and advancing global equity.
This Paper explores the best practices, identifies challenges and recommend reforms for achieving global progress in combating domestic violence.
INTRODUCTION
Domestic Violence continue to be a serious problem globally, violating fundamental human rights and weakening social and economic progress. Domestic violence is a violation of international human rights. Domestic violence requires international focus and action because it impacts people regardless of gender, age or location. Violence against women has been one of the greatest evils that humanity is encountering. Even though there are some regional studies of Domestic violence, there are few comparative studies on the India, USA and South Africa. Legal systems in the three regions are very different (e.g., India’s PWDVA versus the U.S.’s VAWA), cultural norms are different too (e.g., patriarchal in rural Africa versus the urban U.S. dynamics), and institutional capacities are different too (e.g., South Africa’s Thuthuzela Centres versus India’s poorly funded OSCs). An across-region study is required to get an understanding of how various sociopolitical environments influence domestic violence responses and outcomes. Each country has their own long-term commitment to promoting women’s rights, legal provisions for sexual offenses, domestic violence, dowry, child marriage, workplace harassment and human trafficking for providing safety and security of women. A multi-dimensional approach incorporating law enforcement, helplines, rehabilitation and mental health interventions is required to provide a safer and more empowering environment for women.
An understanding of the interaction among legal systems, cultural dimensions, and institutional efficiency makes it possible to have more comprehensive prevention and intervention of domestic violence. Comparative frameworks are indispensable in the establishment of the universal principles taking into account the local contexts and hence informing the construction of policies which protect victims and punish perpetrators within multicultural society.
Grasping the interaction between legal frameworks, cultural influences, and the efficiency of institutions allows us to create more comprehensive strategies for preventing and addressing domestic violence.[1]
[1].See Sally Engle Merry, Human Rights and Gender Violence: Translating International Law into Local Justice 45–47 (Univ. of Chicago Press 2006) (discussing how local cultural and institutional dynamics affect the implementation of legal norms against domestic violence).