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Domestic Violence Legislation and its Implementation

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OVERVIEW OF GLOBAL GOOD PRACTICES<br />

ON DOMESTIC VIOLENCE RESPONSE SYSTEMS<br />

37<br />

The <strong>Domestic</strong> <strong>Violence</strong> Response System can be described as a wheel or a chain; the<br />

abused woman may enter the chain at any point <strong>and</strong> gain access to the relevant agency. She<br />

will be referred to other agencies in accordance with her particular needs; she is free to exit<br />

the system at any point in time provided the legal provisions or policies have not created an<br />

exception. 3<br />

Police<br />

Shelter Home<br />

Medical<br />

Facility<br />

Protection<br />

Officer<br />

Service<br />

Provider<br />

3 For instance, many states in the U.S. have adopted a “No Drop” prosecution policy for domestic violence cases. This means that the<br />

onus of prosecution is completely on the State, <strong>and</strong> once the law <strong>and</strong> legal system is triggered, the prosecution cannot be “dropped”<br />

even if the complainant herself wants to withdraw the case. This policy was premised on the acknowledgment that women who face<br />

domestic violence face tremendous pressure, whether directly or because of the nature of the relationship <strong>and</strong>/or her emotional,<br />

social <strong>and</strong> fi nancial dependency to withdraw the case. In order to address the issue of high attrition rates in domestic violence cases<br />

<strong>and</strong> to remove the heavy burden placed on the complainant, the “No Drop” prosecution evolved. However, this policy has been<br />

variously critiqued, particularly by women’s rights advocates, for negating the woman’s agency.

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