Domestic Violence Laws in the United States and India: A Systematic Comparison of Backgrounds and Implications PDF
Preview Domestic Violence Laws in the United States and India: A Systematic Comparison of Backgrounds and Implications
Domestic Violence Laws in the United States and India DOI: 10.1057/9781137387073.0001 Other Palgrave Pivot titles Kirsten Harley and Gary Wickham: Australian Sociology: Fragility, Survival, Rivalry Eugene Halton: From the Axial Age to the Moral Revolution: John Stuart-Glennie, Karl Jaspers, and a New Understanding of the Idea Joseph Kupfer: Meta-Narrative in the Movies: Tell Me a Story Sami Pihlström: Taking Evil Seriously Ben La Farge: The Logic of Wish and Fear: New Perspectives on Genres of Western Fiction Samuel Taylor-Alexander: On Face Transplantation: Life and Ethics in Experimental Biomedicine Graham Oppy: Reinventing Philosophy of Religion: An Opinionated Introduction Ian I. Mitroff and Can M. Alpaslan: The Crisis-Prone Society: A Brief Guide to Managing the Beliefs That Drive Risk in Business Takis S. Pappas: Populism and Crisis Politics in Greece G. Douglas Atkins: T.S. Eliot and the Fulfillment of Christian Poetics Guri Tyldum and Lisa G. 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Robinson: Marketing Big Oil: Brand Lessons from the World’s Largest Companies Nicholas Robinette: Realism, Form and the Postcolonial Novel Bernadette Andreosso-O’Callaghan, Jacques Jaussaud, and Maria Bruna Zolin (editors): Economic Integration in Asia: Towards the Delineation of a Sustainable Path Umut Özkırımlı: The Making of a Protest Movement in Turkey: #occupygezi Ilan Bijaoui: The Economic Reconciliation Process: Middle Eastern Populations in Conflict Leandro Rodriguez Medina: The Circulation of European Knowledge: Niklas Luhmann in the Hispanic Americas DOI: 10.1057/9781137387073.0001 Domestic Violence Laws in the United States and India: A Systematic Comparison of Backgrounds and Implications Sudershan Goel Advocate and Member of the Supreme Court Bar Association, New Delhi, India Barbara A. Sims Professor, Mars Hill College, United States and Ravi Sodhi Advocate and Member of the Punjab and Haryana High Court Bar Association, Chandigarh, India DOI: 10.1057/9781137387073.0001 domestic violence laws in the united states and india Copyright © Sudershan Goel, Barbara A. Sims and Ravi Sodhi, 2014. Foreword © Ashutosh Mohunta, 2014. Softcover reprint of the hardcover 1st edition 2014 978-1-137-39970-0 All rights reserved. First published in 2014 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fift h Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978–1–137–38707–3 PDF ISBN: 978-1-349-48590-1 Library of Congress Cataloging-in-Publication Data is available from the Library of Congress. A catalogue record of the book is available from the British Library. First edition: 2014 www.palgrave.com/pivot doi: 10.1057/9781137387073 To The millions of silent and helpless domestic violence sufferers world over DOI: 10.1057/9781137387073.0001 Contents Foreword vii Hon’ble Mr. Justice Ashutosh Mohunta Preface ix Acknowledgments xi Introduction 1 Part I 1 Scope of the Issue within Cultural Settings 5 Part II 2 Laws of the United States 17 3 Laws of India 30 4 International Human Rights Law 58 Part III 5 Lessons and Moving Forward 65 6 Conclusion 70 Bibliography 74 Index 79 vi DOI: 10.1057/9781137387073.0001 Foreword Hon’ble Mr. Justice Ashutosh Mohunta, Th e Acting Chief Justice Punjab & Haryana High Court, Chandigarh August 20, 2014 I am happy to introduce this com- parative study of domestic violence laws in the United States and India. During my association with Mr. Sudershan Goel spanning over more than three decades, I have found his litigation approach blended with academic research. Th e study carries an imprint of Mr. Goel’s work as an International Visiting Scholar with the School of Law, University of North Carolina at Chapel Hill, USA. It is heartening to note that in the fi eld of domestic violence, Indian legal system is as eff ective as the legal framework in America. Aft er a detailed comparison of social and cultural diff erences in both the countries, the authors have rightly concluded that domestic violence is a common phenomenon. Th e study has exploded the myth that only the lower classes engage in domestic violence. It may be an eye-opener for the readers to know that domes- tic violence deaths in the United States are statistically as large a social issue as dowry deaths in India. DOI: 10.1057/9781137387073.0002 vii viii Foreword The study has found a lot of similarities in behavior pattern of domes- tic violence in the East and the West by observing: “they burn their women there,” as opposed to “we shoot our women here.” The authors have thus bridged the law of two countries having diversified life styles and cultures. With my experience of 24 years at the Bar and more than 13 years at the Bench, I have seen many judicial officers taking keen inter- est in helping the victim. In many cases the Judicial Magistrates have entertained emergency applications at their residence even after working hours. The authors have cited one such protection order passed by a Magistrate at 8.30 PM which earned appreciation of the High Court. The subject of this study needs the attention of jurists and law-makers in both the countries to protect women from intimate partner violence. The study will be useful for the law students, lawyers, judges and the policy makers. I wish all the best for the authors and the publisher in their endeavor. Sd/-Ashutosh Mohunta Acting Chief Justice DOI: 10.1057/9781137387073.0002 Preface One Sunday evening, I reached the police station at Bedford, NH, armed with an arrest warrant from an Indian court against an Indian citizen visiting the United States on a temporary work permit [H-1B]. The man was accused of domestic violence in India having abandoned his wife and child after fleecing his wife and her family for a huge dowry. The man’s wife and child had accompanied me to the police station. After hearing her story and perus- ing the arrest warrant, the lady police officer exclaimed: “I wish US also had such ‘strong’ laws to protect women against domestic violence.” After I shared this experience with Dr Ram Goel and Dr Barbara Sims at Penn State, we decided to pursue this subject keeping in mind the three million strong population of Indians settled in the United States. While America, on the one hand, represents the pin- nacle of progress, efficiency, and modernization, India, on the other, symbolizes all that is ancient and traditional. A comparative study of the domestic violence laws of these two countries at the micro and the macro levels can teach us rare and lasting lessons for the future. The sparks of domestic violence ignite from the secluded four corners of the house and ultimately consume the major portions in the world. It is a commonplace experience wit- nessing brawls, clashes, and fights at the workplace, which many of us attribute to the man’s recent fight with his wife at home. These kinds of brawls permeate the majority and spare very few. Misdirection seems to be their genesis and tragic avoidable fatalities are their culmination. DOI: 10.1057/9781137387073.0003 ix
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