Voilence Against Women in India

Prior to the 1800’s, the majority of legal systems regarded ‘wife beating’ as a way in which a husband could assert his dominance and authority over his wife. Within the 1970’s, attention to domestic violence began with the woman’s movement, principally through the introduction of feminism and women’s rights. In recent years however, the way domestic violence is viewed has changed. Previously, domestic violence only occurred within marriage, predominantly against wives and therefore formalised through the use of a marriage contract. Within modern society, domestic violence can now refer to

In the eyes of many these two defences are the focal point of the English legal system regarding murder, theft, assault etc. These defences can vary the sentence due to the severity of the actions and under what circumstances the crime was committed. If a women, for example, is being beaten constantly by her husband and is imprisoned in the house, and then suddenly lashes out at him and kills him,

For centuries domestic violence has been perceived as a private matter private of which the government has not been concerned about nor was it considered the government’s business to intervene on behalf of a battered spouse. The unlawful nature of this failure for state or federal government intervention against this crime contributed to the systematic abuse of women in the family. The traditions, customs, and common law found in both British and American societies continued right up until the last decade of the 20th century and left the battered wives and very frequently, her children, at the mercy of the husband. It wasn’t until the 1990’s when the government began to do something to protect mothers, wives, and lovers from intimate

The Domestic and Family Violence Protection Act 2012 is the act of Parliament that deals with domestic violence. The key aims of the legislation are to provide immediate and short to middle term protection for aggrieved people. Under Division 2 number 8, domestic violence can be defined as “behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that— (a) is physically or sexually abusive; or (b) is emotionally or psychologically abusive (c) is economically abusive; or (d) is threatening; or (e) is coercive; or (f) in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else as shown in Appendix A”. Violence occurs between intimate partners, husband and wife, ex - partners, step- parents, parents and their teenage or adult children as well as disabled people and their carer. (Domestic and Family Violence Protection Act 2012).

With the prominence of the tort reform debate on state legislative floors across the country, many states have introduced and even passed bills that address reform issues within their respective states. Many reform proponents feel that changes in the civil justice system should

This is seen in R v Holt, R v Bird where even though the defendants withdrew their statements because of fear, the Court upheld their conviction of contempt . Even with section 116 2E of the Criminal Justice Act 2003 (provision for hearsay on fear which allows a person to use a statement as their evidence) , women were still prosecuted. This is seen in R v A where A was charged and convicted of perverting the course of justice by withdrawing her statement against her husband . What this shows is that the rules of evidence did not protect the victims of domestic violence as one can argue that the Criminal Justice Act does not address the shame, emotional abuse and the fear of reputation damage the victims of domestic violence face. However, it can be argued that section 116 2E has its advantages as it makes the defendant who instils violence to plead guilty. Yet, can this be said to be advantageous? If the defendant pleads guilty he/she gets a sentencing discount. One can question the message this sends out to defendants. Also, it can be argued that the provision for hearsay contradicts the rights of the defendant under article 6 (3)(d) of the European Convention on Human Rights which states that there should be examination of witnesses . The introduction of statements being used as evidence makes this requirement difficult. Nevertheless, it can be said that the court must balance

This essay will critically analyse the significant changes that have occurred within domestic violence which is viewed as a vital subject within the criminal justice system. It will explore the way that domestic violence has progressively become a concerning issue in the criminal justice system from being relatively acceptable in recent history. In addition to this, the essay will explore legislation changes in relation to domestic violence and how the police have arguably been forced to change their attitudes towards a problem that was once thought of as a private regard. It will critically analyse the theories put forward as to why domestic violence occurs in today’s society. It will explore the weaknesses within the criminal justice system, especially the police in regards to domestic violence, the police previously viewed domestic violence as a matter of which they should not get involved. However as mentioned in the essay, after many reviews within the system, many improvements have been made to help protect the victim.

The passage of the Mandatory Minimum for Domestic Violence Act is imperative to the health and well being of domestic violence victims. Victims are counting on the support of authorities to aide them in their time of need. It is the duty of those in the legislation as well as police force to protect those who need it. If someone is a victim of domestic violence, the criminal justice system needs to protect him or her. Empowerment of the victim is critical when trying to stop domestic violence and law enforcement and the legal system can aid with this step. The victims get the protection and security they so desire and the offender receives the punishment as well as the treatment in order to curtail the bad behavior. The aim is not to lock up

Violence against women has existed for centuries and women experience violence in many setting; however, domestic violence is the most prevalent. Abela and Walker (2014) explain that the women’s right movement took place because women were maltreated and oppressed (78). They state that the victimization of women was the reason why the second wave of the feminist movement arose. They also explain that during this time, laws in the Untied States allow men to hit their wives (Abela & Walker 79). Women from different cultures and different economic status have been victims of domestic violence. In this paper, I will focus on domestic violence against women from different cultures. I will present information about the history of domestic violence

This began to change in the 1980s, as women’s groups were organized locally and internationally to demand attention to the physical, psychological, and economic abuse of women (p.369-370). Domestic violence is a serious social issue that happens to many women in our world today. This type of abuse is not declining but continually rising on a daily basis. There have been issues in the past with the way these cases were being handled. Today, there has been some improvement concerning the laws that have been enforced in order to protect women from this type of abuse. There has been extensive research done on this issue in the past concerning domestic violence. Over the last ten years there have been a number of surveys on domestic violence that have been published from around the world.

In this analysis, I will attempt to cover the basis of Battered Women’s Syndrome as a legal defense. This will cover the historical context of Battered Women’s Syndrome as a legal defense, which will of course require a brief review of what battered women’s syndrome is by using experts in the field, usually psychologists. When reviewing the historical context of such a subversive topic, it is essential to the structure that we look at actual cases involving battered women such as abuse being reported and cases that have actually been brought to trial as well as the ending verdicts as the factors that may have caused the outcome. We must also look at different cases as to which the defense was used, such as situations where a battered women’s husband was sleeping, or any other relative situation as to which there was question of the imminence of a threat.

Domestic Violence is a major issue in today's rapidly changing society. Domestic Violence falls under the banner of Family law, which controls acts to do with family and marriage. This presentation will help to develop a clearer understanding of Domestic Violence and make evaluations and recommendations in determining the changes in the law necessary in today's society.

In reading Elizabeth Stanko’s contribution one becomes attentive to how females are to blame for the brutality of male violence. She states that “male violence against women remains a problem of women’s respectability not men’s behaviour” (4). Additionally, she cautions the reader throughout that male violence is condoned, even infrequently punished, by the Criminal Justice System. Stanko’s book offers a detailed analysis which takes the reader through the act of male violence and its aftermath for the victims.

The Violence against Women Act (VAWA) of 1994 marked a turning point in our national response to the problems of both sexual assault and domestic violence. For the first time it considered the ways in which sexual assault and domestic violence were similar: they are both crimes of violence against women, rooted in historical and cultural traditions and attitudes. VAWA also addressed the ways our laws failed to prosecute and punish perpetrators of these crimes of violence, while often increasing the trauma experienced by victims. The act included measures designed to protect crime victims' rights and provide crime victims with compensation, establish hotlines for sexual assault and family violence victims, establish sex offender registration and community notification, protect women from "date rape," and coordinate law enforcement and social services to deal with crime in a unified manner.

Domestic violence used to be considered a private family matter and was not considered a societal problem until feminists in the 70's started pushing the matter. Beginning in the 1970’s, social policy toward female victims of domestic assaults focused on improving legal response and