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Lessons and Moving Forward

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Abstract

Domestic violence legislation is embedded within the cultures, traditions, and religious underpinnings of both India and the United States. The buildup of resources and political support for such a legislation in both India and United States has not been without difficulties. The legislature in India recognized that violence against women is presumptively caused by the social oppression of women as a subordinate group. The United States stands to learn from these examples of transformative law in the Indian domestic violence system. It is not outside United States tradition to make societal judgments and to employ such tools to push for social change. It is one legal area from which India can learn as it continues to advance in its approach to similar domestic violence situations. Currently, the legal system in India is somewhere in-between, but still favors the traditional assumption that families should be kept together.

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Notes

  1. 10.
    See Dianne Martin, Retribution Revisited: A Reconsideration of Feminist Criminal Law Reform, Osgoode Hall L.J., Vol. 36 (1998), 151, 183.Google Scholar
  2. 13.
    See Coker, at 807 (Coker goes on to explain on page 830 about how arguments in favor of mandatory policy on the grounds that they help woman overall “facilitates ignoring today’s harm because of a belief that it will be better in the future.”). See also Diane Mitsch Bush, Women’s Movements and State Policy Reform Aimed at Domestic Violence Against Women: A Comparison of the Consequences of Movement Mobilization in the U.S. and India, Gender and Society, Vol. 6, No. 4, (Dec. 1992), 587CrossRefGoogle 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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