Domestic Violence Legislation and its Implementation

OVERVIEW OF GLOBAL GOOD PRACTICES
ON DOMESTIC VIOLENCE RESPONSE SYSTEMS
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In order to ensure a clear understanding of the role played by each agency in this response
system, the respective departments have issued guidelines and circulars for multi-agency
coordination. The Domestic Incident Report Index is another innovation of this model, which
aids the agencies in case tracking and enables follow-up even after the role of the Protection
Offi cer ends.
This model may be described as a “Public Model” as the complainant usually approaches
State agencies for assistance and intervention. However, this only indicates a general practice
and there are a signifi cant number of women who still approach the courts directly through
private lawyers.
The Andhra Model illustrates an innovation, particularly in the Indian context, as this kind of
a systemic response is not the norm in the implementation of laws. In fact, through advocacy
with other state governments, an effort to replicate this model wherever appropriate is being
attempted.
2. Survivor-Focused Approaches
Approaches that focus on supporting and enabling women and their specifi c needs in a
situation of violence may be characterized as survivor-focused good practices. In this paper,
some of the practices discussed relate to housing, batterer-intervention and counselling
programmes, and health service response to domestic violence.
Federal Public Housing and Domestic Violence: The implementation of the Violence
Against Women Act (VAWA, Reauthorized in 2005) in the United States requires comprehensive
strategies and coordinated efforts of various agencies (See more under section 4. Legislating
the Provision of Funding). One such area identifi ed as part of this coordinated strategy has
been the provision relating to federal public housing, based on the recognition that women
facing violence need to be empowered in multiple ways. Title VI of VAWA therefore extends
the protection provided to vulnerable sections under the Public Housing scheme by providing
protection specifi cally to survivors of domestic violence who utilise such public housing and
emergency shelters. The Title says that a survivor of domestic violence cannot be evicted from
her shelter provided by housing programmes on the basis that she is facing domestic violence.
This step aims to counter the problem of women being evicted from housing on the grounds
of a crime being committed by an occupant or ‘guest’, even though that crime may constitute
an act of domestic violence. More crucially, Section 606 of this Title amended Section 8 of the
United States Housing Act of 1937, to ensure that:
• a person is not denied public housing assistance on the basis that she is a survivor of
domestic violence.
• an incident of violence is no longer a “good cause” for terminating the lease.
• the owner of the premises can now divide the lease to maintain the survivor’s tenancy
while evicting the perpetrator, if the lease is held jointly.
• the owner is, however, entitled to take appropriate action if there is an actual and
imminent threat to other tenants in the same housing.