Domestic Violence Legislation and its Implementation

DOMESTIC VIOLENCE
LEGISLATION AND ITS IMPLEMENTATION
The tenancy rights of a survivor of domestic violence are protected under the law
because of recognition of her vulnerable situation. This is similar to the Indian law. The specifi c
provision of “right to reside in the shared household”, irrespective of whether the house is
owned or tenanted was drafted in the newly enacted Indian law to prevent similar instances of
vulnerability and disempowerment for women facing domestic violence. The major difference
between the United States policy and the “right to residence” guaranteed under Indian law is
that while the former protects the tenancy rights of the survivor to emergency housing services,
the latter provides protection to the de jure right of a woman 29 to residence based on the nature
of relationship that she shares with the perpetrator and/or his family.
Court Review of Batterer Intervention Programme Compliance: Batterer
intervention programmes form a crucial component of coordinated response to assist survivors
of domestic violence. The thirty-day mandatory court review of batterer compliance with
intervention programmes is an innovation to ensure effectiveness of batterer intervention
programmes. This mandatory review is being implemented in several places in the United
States, particularly where special domestic violence courts refer cases to the programmes. One
such instance is the Pittsburgh Municipal Courts and the Domestic Abuse Counselling Centre.
Thirty days after the date of the initial court hearing 30 the court reviews evidence of whether the
batterer is complying with counselling. If this evidence is not presented to the court at that time
or if the court receives evidence of non-compliance, a warrant for arrest is issued immediately. 31
It has been suggested that a mandatory court review signifi cantly reduces non-compliance
with intervention programmes, as compared to referrals that are made after the trial is over. At
the very least, this strategy may be considered a suitable tool particularly in jurisdictions that
provide for mandatory batterer counselling.
Health System’s Response/‘Dilassa’ Model in India: The ‘Dilassa’ model of health
service delivery is based on the understanding that domestic violence is a public health issue,
and proves to be effective in countries like India where the majority of people receive health
care from the public health system.
The ‘Dilassa’ project (which means “reassurance”) was jointly initiated by the Bombay
Municipal Corporation and CEHAT (a non-governmental organisation working on health issues)
as a one-stop crisis centre attached to health care institutions in the city of Mumbai. The
fi rst one-stop centre was established in 2001 in K.B. Bhabha Hospital, Bandra. The project
encourages a preventive approach by devising ‘safety plans’, counselling and emotional
support, shelter, etc. in addition to providing support and referrals to other service providers.
Dilassa also works on the principle of early detection of domestic violence in women who
approach the hospitals to be treated, particularly for burn injuries, attempted suicides, and
other physical injuries. 32
29 Please note that because the Indian law is gender-specifi c, the aggrieved person is a woman but the respondent can be a male, and
a female who is related to the husband or male partner of the aggrieved person. The male respondent can be a husband, partner,
father, brother etc.
30 This system applies only to pre-trial hearings, leading to what is called a ‘deferred adjudication’. The referral is generally made as
a stipulation of bond in the preliminary court hearing, and the court proceedings deferred. A program liaison notifi es the court if a
referred man does not appear for his scheduled intake and a warrant for his arrest is issued. Edward W. Gondolf; The Impact of
Mandatory Court Review on Batterer Program Compliance: An evaluation of the Pittsburgh Municipal Courts and Domestic Abuse
Counselling Centre (DACC); Sourced from: (last accessed 10th
October 2008).
31 Ibid.
32 Please note that “accidental burning” of the bride, for not bringing suffi cient dowry, constitutes one of the major forms of violence
against women in India. Although prohibited by law, this practice continues in most parts of the country.
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