Legal Protections for Women Against Domestic Violence: A Comparative Review of India, the UK, and the USA

Name of the author- Pranjali, Research Scholar, Amity law school, Amity university lucknow campus.

Name of the Co-author- Dr. Jyoti Yadav, Assistant Professor, Amity Law School, Amity University Lucknow campus.

***This article has been selected for LegalOnus Law Journal (LLJ) Volume 1, Issue 7, 2025

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Abstract Domestic violence against women remains a pervasive global issue, deeply rooted in patriarchal structures and power imbalances. While legal frameworks have evolved to address this human rights violation, the effectiveness and comprehensiveness of these protections vary significantly across jurisdictions. This paper presents a comparative legal analysis of domestic violence laws in India, the United Kingdom, and the United States, examining their statutory provisions, implementation mechanisms, and victim support systems.India’s legal response centers on the Protection of Women from Domestic Violence Act, 2005, which adopts a civil law approach focused on protection orders, residence rights, and monetary relief. However, challenges such as patriarchal enforcement, judicial delay, and limited awareness persist. The United Kingdom, through the Domestic Abuse Act, 2021, provides a more holistic definition of abuse, encompassing physical, emotional, and economic harm, while also emphasizing victim services and special protections for vulnerable populations. In contrast, the United States operates under a dual federal-state system, with the Violence Against Women Act (VAWA) offering funding and federal safeguards, supplemented by state-level statutes with varying levels of support and criminalization.Through doctrinal and socio-legal analysis, the paper highlights the strengths and limitations of each country’s framework, focusing on access to justice, victim empowerment, and accountability. It also reflects on the role of international human rights instruments, such as CEDAW, in shaping domestic laws. The study concludes with policy recommendations to harmonize and strengthen legal protections, emphasizing survivor-centric approaches and cross-sector collaboration. Keywords Domestic violence, comparative law, India, United Kingdom, United States, women’s rights,   legal reform.

Introduction

Domestic violence against women constitutes one of the most pervasive violations of human rights worldwide. It transcends boundaries of geography, culture, and socio-economic status, affecting millions of women across the globe. The United Nations defines domestic violence as “a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner.” This includes physical, sexual, emotional, economic, or psychological actions or threats that influence another person. According to the World Health Organization (2021), nearly 1 in 3 women globally have experienced physical or sexual intimate partner violence at some point in their lives.Given the magnitude and severity of this issue, legal frameworks play a crucial role in both preventing domestic violence and ensuring justice for survivors. [1]Laws not only provide mechanisms for protection, redress, and punishment but also signal a society’s commitment to gender equality and human dignity. However, the mere existence of legal provisions is not sufficient-implementation, accessibility, and cultural attitudes significantly influence their effectiveness.

This paper aims to conduct a comparative review of domestic violence laws in India, the United Kingdom, and the United States. These three democracies offer distinct legal traditions and policy approaches that provide valuable insights into the global fight against domestic abuse. The objectives of this study are twofold:

• To examine and compare the legal protections available to domestic violence survivors in these countries.
• To critically analyze the strengths, implementation gaps, and ongoing challenges in these systems.

Methodologically, the paper relies on statutory analysis, secondary legal literature, government reports, and human rights evaluations. The structure proceeds by exploring each country’s legal framework individually, followed by a comparative analysis, a discussion of key gaps, and policy recommendations aimed at strengthening global legal responses to domestic violence.Domestic violence remains one of the most persistent forms of gender-based violence in India, cutting across caste, class, religion, and regional boundaries. In response to its widespread occurrence, India has developed a legal framework that incorporates both civil and criminal remedies to safeguard women. Despite notable progress, implementation remains a critical challenge.

Legal Framework

Protection of Women from Domestic Violence Act, 2005 (PWDVA)

The PWDVA, 2005, is a landmark civil legislation enacted to address domestic violence comprehensively. It recognizes not only physical violence but also emotional, verbal, sexual, and economic abuse. One of the Act’s unique features is that it protects women in domestic relationships, whether or not they are married, thus covering live-in relationships and familial abuse.

PWDVA allows the aggrieved woman to seek various civil remedies including:

• Protection orders restraining the abuser from committing or aiding violence
• Residence orders allowing her to remain in the shared household
• Monetary relief, custody orders, and compensation orders
• Access to free legal aid, medical facilities, and shelters

However, PWDVA is not punitive; it must be complemented by criminal provisions under other laws for penal consequences.

Indian Penal Code (IPC)

Key IPC sections addressing domestic violence include:

• Section 498A: Penalizes cruelty by a husband or his relatives, especially linked to dowry or coercive demands. It is a cognizable and non-bailable offense.
• Section 304B: Pertains to dowry death, with stringent punishment if a woman dies under unnatural circumstances within seven years of marriage.[2]
• Section 406: Deals with criminal breach of trust, commonly invoked when a woman’s stridhan (personal property) is withheld by her in-laws or husband.

Code of Criminal Procedure (CrPC)

• Section 198A: States that courts can take cognizance of offenses under Section 498A IPC only upon a complaint by the aggrieved woman or her family, ensuring that the process is not misused or externally triggered.

Indian Evidence Act

• Section 113A: Allows courts to presume abetment of suicide by a husband or his relatives if the woman committed suicide within seven years of marriage and faced cruelty.
• Section 113B: Enables the presumption of dowry death in cases where a woman dies under unnatural circumstances within seven years of marriage, and evidence of dowry harassment exists.

Together, these provisions form a multi-layered legal response, enabling both preventive and punitive measures.

Implementation and Institutional Mechanisms

• Role of Protection Officers and NGOs

Under PWDVA, Protection Officers (POs) are appointed by state governments to assist survivors. They help file Domestic Incident Reports (DIRs), ensure access to shelter, legal aid, medical services, and represent victims in court. However, in many districts, POs are overburdened, poorly trained, and lack dedicated infrastructure.Non-governmental organizations (NGOs) play a critical role in supplementing government efforts. They provide shelter, legal counseling, and psycho-social support. Many also act as Service Providers under the Act, officially recognized by courts.[3]

• Role of Judiciary and Police

The judiciary issues civil orders under PWDVA and adjudicates criminal offenses. However, lower courts often display delay or reluctance due to workload or lack of gender sensitivity.

The police are typically the first point of contact. Though empowered to register cases under IPC sections and refer victims to POs, their effectiveness is compromised by patriarchal attitudes, inadequate training, and pressure to mediate rather than prosecute.

• Fast-track Courts and Helplines

Fast-track courts have been established in many states to expedite trials in gender-based violence cases. Additionally, national and state-level women’s helplines such as 181 and 1091 provide immediate assistance and referral services. However, operational efficiency and awareness among women remain inconsistent.

Challenges

• Underreporting and Societal Stigma

Despite legal provisions, underreporting is a major issue. Social stigma, fear of retaliation, lack of family support, and financial dependency discourage women from seeking help. The National Family Health Survey-5 (2019-21) reported that a significant percentage of abused women never sought formal assistance.

• Misuse Debates and Judicial Bias

There has been growing concern about the alleged misuse of Section 498A IPC, leading to calls for safeguards. The judiciary, in some instances, has responded with caution, recommending pre-litigation mediation and limited arrests, which can dilute protection for genuine victims. Such trends risk delegitimizing women’s experiences and shifting the focus from systemic abuse.

• Delays in Implementation

Systemic bottlenecks, from police apathy to overburdened courts, result in delayed justice. Protection Officers often lack offices, vehicles, and dedicated funds. The gap between law on paper and its enforcement on the ground remains wide, especially in rural and marginalized communities.India has developed a robust legal framework to combat domestic violence against women, blending civil relief with criminal enforcement. However, real-world effectiveness is undermined by gaps in implementation, societal norms, and institutional limitations. To ensure these laws fulfill their intended purpose, there must be greater investment in institutional capacity, awareness campaigns, and a gender-sensitive approach to justice delivery.[4]

Domestic Violence Laws in the United Kingdom

Domestic violence remains a critical social and legal issue in the United Kingdom, with ongoing legislative reforms aimed at enhancing protection for survivors, particularly women. The UK’s legal framework spans across its constituent countries—England, Wales, Scotland, and Northern Ireland—with distinct laws and support mechanisms tailored to local needs. This section explores the primary statutes, institutional roles, and implementation challenges.

Legal Framework

Domestic Abuse Act 2021

The Domestic Abuse Act 2021 is the most comprehensive and recent legislation addressing domestic violence in England and Wales. It introduces a statutory definition of domestic abuse, recognizing not only physical violence but also emotional, coercive or controlling behavior, and economic abuse. This statutory clarity helps standardize law enforcement and judicial responses.

Key provisions include:

• A broader definition of domestic abuse encompassing a wide range of abusive behaviors.
• Recognition of children as victims if they witness domestic abuse.
• New legal orders such as Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs), designed to provide swift protection for victims.
• Enhanced powers for the police and courts to remove perpetrators from homes.
• Improved legal provisions for survivors in family law proceedings and housing.

Family Law Act 1996

The Family Law Act 1996 remains a fundamental statute, especially in relation to non-molestation orders and occupation orders. Non-molestation orders prevent an abuser from harassing or threatening the victim, while occupation orders regulate who can live in the family home, ensuring survivors can remain safely housed.[5]

Serious Crime Act 2015

This Act introduced controlling or coercive behavior as a criminal offense under Section 76, addressing psychological and emotional abuse within relationships. It recognizes that domestic violence often includes non-physical forms of control that have severe impacts on victims’ autonomy and well-being. This legislation allows for prosecution of patterns of behavior that previously went unpunished.

Domestic Abuse (Scotland) Act 2018

Scotland has a distinct legal regime. The Domestic Abuse (Scotland) Act 2018 creates a specific criminal offense of domestic abuse, encompassing physical, emotional, and psychological abuse, including coercive control. It emphasizes a victim-centered approach and includes provisions for enhanced sentencing and protection orders.

Implementation and Support Systems

Role of Independent Domestic Violence Advocates (IDVAs)

IDVAs are specialist support workers embedded within police and community settings. They provide immediate safety planning, emotional support, and assistance navigating the criminal justice system. IDVAs also facilitate multi-agency risk assessment conferences (MARACs), which coordinate responses among police, social services, health providers, and housing authorities to protect high-risk victims.[6]

Legal Aid and Housing Support

Legal aid is crucial in enabling victims to access justice, especially in family law cases involving protective orders and child custody. Victims may also be eligible for priority access to social housing or housing support services under the Housing Act 1996 and subsequent amendments. This support is vital in ensuring women can safely leave abusive homes without facing homelessness.

Police and Crown Prosecution Service (CPS) Protocols

The police in the UK follow detailed domestic abuse protocols, including mandatory arrest policies in certain circumstances and risk assessment tools such as DASH (Domestic Abuse, Stalking and Harassment, and Honour-Based Violence). The CPS has dedicated units specializing in domestic abuse cases to ensure victims are supported through prosecution. The CPS’s Domestic Abuse Guidelines emphasize victim safety, evidence gathering, and informed charging decisions.

Challenges

• Immigration Barriers for Victims

Many survivors, particularly migrant women, face significant barriers due to immigration status. Restrictions tied to spousal visas or fear of deportation may prevent victims from reporting abuse or seeking legal protection. The “No Recourse to Public Funds” (NRPF) policy restricts access to welfare benefits, including housing and financial support, leaving many vulnerable and trapped in abusive situations.

• Cuts to Legal Aid

Since the introduction of austerity measures, there have been significant cuts to legal aid funding, limiting access to free legal representation for many victims. These cuts disproportionately affect women seeking protection orders and custody arrangements, especially in civil courts. Reduced legal aid availability risks undermining survivors’ ability to obtain timely and effective justice.[7]

• Regional Disparities in Service Access

Access to domestic violence services varies considerably across the UK, with rural areas, smaller towns, and some deprived urban neighborhoods experiencing limited availability of shelters, counseling, and advocacy services. These disparities exacerbate inequalities, as victims in underserved areas face greater difficulties in securing safety and support.

The UK’s legal framework for domestic violence offers a strong statutory basis that recognizes the multifaceted nature of abuse and provides innovative protective measures. The introduction of the Domestic Abuse Act 2021 and Scotland’s specific legislation represent important advances in law. However, effective implementation depends on well-funded support systems, accessible legal aid, and coordinated multi-agency responses. Persistent challenges, particularly related to immigration, funding cuts, and uneven service provision, require ongoing policy attention to ensure all survivors, especially women, receive the protection and justice they deserve.

Comparative Analysis of Domestic Violence Laws: India, the UK, and the USA

Commonalities

India, the UK, and the USA all emphasize legal protection for women through protection orders and a combination of civil and criminal remedies. Protection orders—such as India’s residence and protection orders under the PWDVA, the UK’s non-molestation and domestic abuse protection orders, and the USA’s civil protection/restraining orders—serve as immediate legal tools to prevent further abuse. Each country also provides institutional support through specialized roles: India’s Protection Officers, the UK’s Independent Domestic Violence Advocates (IDVAs), and the USA’s victim advocacy programs all help survivors navigate the legal system and access support services.[8]

All three countries recognize non-physical forms of abuse, including coercive control and emotional abuse, reflecting a modern understanding of domestic violence beyond physical harm. Criminalization of controlling behavior (UK’s Serious Crime Act 2015) or related provisions (USA’s Violence Against Women Act) parallels India’s broad definition under PWDVA.

Key Differences

A major difference lies in the structure and focus of their legal systems. India’s framework is a hybrid of civil and criminal law, where PWDVA provides civil relief and the IPC supplies criminal sanctions. The legal system is highly centralized under national statutes but suffers from inconsistent enforcement due to local socio-cultural barriers and institutional weaknesses.

The UK’s system is more centralized, particularly in England and Wales, with recent legislative consolidation through the Domestic Abuse Act 2021. Scotland’s separate legislation highlights some decentralization within the UK, but overall enforcement protocols, police training, and support services are systematically integrated.

The USA features a decentralized system, with laws varying significantly across states. While the Violence Against Women Act (VAWA) sets federal standards, implementation depends heavily on state statutes, leading to diverse protections and enforcement levels.

Strengths and Weaknesses

India’s strength lies in the comprehensive legal definitions and combined civil-criminal remedies. However, weak enforcement, police insensitivity, and social stigma limit effectiveness. The UK benefits from clear, modernized legislation and coordinated multi-agency responses, but faces challenges with legal aid cuts and immigration-related barriers. The USA’s federal and state framework offers flexibility and extensive victim services, but patchy state laws and uneven resource allocation create disparities.[9]

Influence of Socio-Cultural Norms

In all three countries, socio-cultural attitudes significantly shape enforcement and access to justice. In India, entrenched patriarchy, family honor, and community pressures contribute to underreporting and reluctance to engage with the law. Similarly, in parts of the UK and the USA, cultural stigma and distrust of authorities—especially among migrant and minority communities—hinder reporting and effective intervention. These cultural factors underscore the need for gender-sensitive training, awareness programs, and community engagement to complement legal reforms.

Recommendations

• Strengthen Implementation and Institutional Capacity
  Across all three countries, robust legal frameworks exist but are often undermined by weak enforcement. Governments must invest in training law enforcement officers, judges, and Protection Officers/advocates to ensure sensitivity and responsiveness to domestic violence cases. Strengthening institutional capacity through adequate funding, dedicated infrastructure, and technology-enabled case management can reduce delays and improve survivor outcomes.
• Enhance Access to Legal Aid and Support Services
  Legal aid remains critical for survivors to navigate complex judicial systems. India and the UK, in particular, should expand legal aid coverage and restore funding cuts to ensure vulnerable women, including migrants, have access to representation and protection orders. Simultaneously, expanding shelter availability, counseling, and housing support is essential to help women safely exit abusive environments.
• Address Socio-Cultural Barriers Through Community Engagement
  Legal reforms must be complemented by community awareness and gender-sensitivity programs targeting social stigma, patriarchal norms, and misinformation about domestic violence. Collaborations with NGOs, faith groups, and local leaders can promote behavioral change and encourage survivors to seek help without fear of ostracization.[10]
• Improve Coordination Between Agencies
  Multi-agency cooperation between police, courts, social services, healthcare providers, and NGOs should be formalized and regularly evaluated. Models such as the UK’s Multi-Agency Risk Assessment Conferences (MARACs) provide a useful template to ensure comprehensive, survivor-centered approaches. India and the USA can benefit from institutionalizing such coordinated mechanisms to improve risk assessment and protection.
• Focus on Vulnerable Groups and Immigration-Related Barriers
  Specialized interventions are needed to protect migrant women, refugees, and minorities, who often face additional obstacles due to immigration laws or discrimination. The UK and USA should review policies like “No Recourse to Public Funds” that leave survivors financially and legally vulnerable. India should ensure marginalized groups, including tribal women and those in rural areas, have equitable access to justice.
• Regular Monitoring, Research, and Data Collection
  Effective policy depends on reliable data. All three countries should enhance data collection on domestic violence incidence, reporting, prosecution, and conviction rates. Research into the effectiveness of legal provisions and survivor experiences can guide targeted reforms. Transparency and public reporting will improve accountability.[11]

Conclusion

Legal protections for women against domestic violence in India, the UK, and the USA have made significant strides over the past two decades, reflecting growing global recognition of the problem’s complexity and severity. These countries share a commitment to comprehensive legal definitions, protective orders, and institutional support, yet vary in their approaches due to different legal traditions, governance structures, and socio-cultural contexts.

India’s blend of civil and criminal remedies under the Protection of Women from Domestic Violence Act and the Indian Penal Code offers wide-ranging protections but faces implementation gaps rooted in social stigma, limited institutional capacity, and judicial delays. The UK’s recent legislative advancements, especially the Domestic Abuse Act 2021, demonstrate progressive integration of legal protections with victim-centered services, though challenges such as funding cuts and immigration barriers persist. The USA’s decentralized model provides flexibility and innovation through state laws and federal support, but disparities across jurisdictions affect consistent access to justice.

Across all three, socio-cultural norms play a critical role in shaping survivors’ willingness and ability to seek protection. Legal reforms must therefore be supported by social interventions that dismantle stigma and empower women. Additionally, sustained investment in legal aid, institutional coordination, and data-driven policy-making is essential for meaningful change.

Ultimately, combating domestic violence requires a multi-faceted approach that balances strong laws with effective enforcement, survivor support, and community transformation. By learning from each other’s strengths and addressing shared weaknesses, India, the UK, and the USA can work towards a future where women live free from fear and violence, and where justice is accessible and responsive to their needs.

Reference

• Protection of Women from Domestic Violence Act, 2005 (India). Ministry of Women and Child Development, Government of India. https://wcd.nic.in/acts/protection-women-domestic-violence-act-2005
• Indian Penal Code, 1860 (Relevant Sections: 498A, 304B, 406). Government of India. https://indiacode.nic.in/
• Domestic Violence Act 2021, UK Government Legislation. https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted
• Family Law Act 1996 (UK). https://www.legislation.gov.uk/ukpga/1996/27/contents
• Serious Crime Act 2015 (UK). https://www.legislation.gov.uk/ukpga/2015/9/contents/enacted
• Domestic Abuse (Scotland) Act 2018. Scottish Government. https://www.legislation.gov.uk/asp/2018/5/contents/enacted
• National Crime Records Bureau (NCRB), India. Crime in India Report, 2021. https://ncrb.gov.in/en/crime-india
• Office for National Statistics (ONS), UK. Domestic Abuse in England and Wales: Year Ending March 2023. https://www.ons.gov.uk/
• U.S. Department of Justice. Violence Against Women Act (VAWA) Overview. https://www.justice.gov/ovw/overview-violence-against-women-act
• Stark, E. (2007). Coercive Control: How Men Entrap Women in Personal Life. Oxford University Press.
• Raj, A., & Silverman, J. G. (2002). Violence against immigrant women: The roles of culture, context, and legal immigrant status on intimate partner violence. Violence Against Women, 8(3), 367-398.
• Garcia-Moreno, C., et al. (2015). The WHO Multi-country Study on Women’s Health and Domestic Violence Against Women. World Health Organization. https://www.who.int/reproductivehealth/publications/violence/9789241564625/en/
• Domestic Violence: A Resource Manual for Judges and Magistrates (India). National Judicial Academy, 2018.
• Office on Violence Against Women, U.S. Department of Justice. Funding and Support Programs. https://www.justice.gov/ovw/funding
• Crawley, H., et al. (2018). Migrant Women’s Experiences of Domestic Violence. Joseph Rowntree Foundation. https://www.jrf.org.uk/report/migrant-womens-experiences-domestic-violence

[1]World Health Organization, Violence Against Women Prevalence Estimates, 2018, 2021, https://www.who.int/publications/i/item/9789240022256.

[2] Indian Penal Code, Section 304B, https://indiacode.nic.in/handle/123456789/2263

[3] Ministry of Women and Child Development, Government of India. (2005). Protection of Women from Domestic Violence Act. https://wcd.nic.in/acts/protection-women-domestic-violence-act-2005

[4] National Judicial Academy. (2018). Domestic violence: A resource manual for judges and magistrates. https://nja.gov.in/

[5] Family Law Act 1996, c. 27. (1996). United Kingdom. https://www.legislation.gov.uk/ukpga/1996/27/contents

[6] SafeLives. (2023). Independent domestic violence advocates (IDVAs). https://safelives.org.uk/practice-support/resources-identification-and-referral/independent-domestic-violence-advocates-idvas

[7] Trinder, L., & Hester, M. (2018). Legal aid cuts and access to justice for victims of domestic violence. Journal of Social Welfare and Family Law, 40(2), 149–168. https://doi.org/10.1080/09649069.2018.1474345

[8] U.S. Department of Justice. (2022). Victim advocacy programs. https://www.justice.gov/ovw/victim-advocacy-programs

[9] National Crime Records Bureau. (2021). Crime in India 2021. Ministry of Home Affairs, Government of India. https://ncrb.gov.in/en/crime-india

[10] Crawley, H., et al. (2018). Migrant women’s experiences of domestic violence. Joseph Rowntree Foundation. https://www.jrf.org.uk/report/migrant-womens-experiences-domestic-violence

[11] National Crime Records Bureau. (2021). Crime in India 2021. Ministry of Home Affairs, Government of India. https://ncrb.gov.in/en/crime-india