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Laws of India

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Abstract

India does not have the jurisdictional variations of domestic violence law that one finds in the United States. Although giving of dowry is outlawed in India, it is still widely practiced. Under Section 304-B of Indian Penal Code, if a woman dies within seven years of marriage in “other than normal” circumstances, her husband or his relatives may be “presumed” guilty of causing her death. In this regard, the dowry death presumption is much like a Morgan Presumption in the United States. It makes sense that in both countries there are circumstances in which the risk of non-persuasion is put on the party who is arguing for the “least likely scenario” The Protection of Women from Domestic Violence Act 2005 is the latest legislation with provisions almost like U.S. laws where a woman may seek restraining order against her abuser.

Keywords

Domestic Violence Sexual Harassment False Promise Shared Household Shared Residence 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Notes

  1. 1.
    Linda Hamilton Krieger, The Burdens of Equality: Burdens of Proof and Presumptions in India and American Civil Rights Law, The American Journal of Comparative Law, Vol. 47 (1999), 89CrossRefGoogle Scholar
  2. 6.
    See Jayna Kothari, Criminal Law on Domestic Violence: Promises and Limits, Economic and Political Weekly, Vol. 40, No. 46 (Nov. 12–18, 2005), 4845.Google Scholar

Copyright information

© Sudershan Goel, Barbara A. Sims and Ravi Sodhi 2014

Authors and Affiliations

  1. 1.Supreme Court Bar AssociationNew DelhiIndia
  2. 2.Mars Hill CollegeUSA
  3. 3.Punjab and Haryana High Court Bar AssociationChandigarhIndia

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