I-VAWA: A Failed Experiment
$1 Billion to Imprison the Innocent
The International Violence against Women Act (I-VAWA) was recently introduced in the Senate (S.2982) and House (H.R.4594) with the purported goal of stopping domestic violence around the world. India and other countries have had extensive experience with such abuse-reduction laws, which have had a disastrous impact on our society.
India enacted its first domestic violence laws in 1983, over a decade before the United States passed the Violence Against Women Act in 1994. Section 498A of the Indian Penal Code mandates the arrest and jailing of the husband accused of domestic violence, along with his male/female relatives. Under Indian law, such persons are presumed guilty until proven innocent.
According to a survey by Professor Murray Straus of the United States, females in India are more likely to engage in severe domestic violence (punch, hit, kick, or choke) than males.1 Despite that fact, Indian domestic violence laws consider only women as victims and does not take account the male victims. This method of prevention of domestic violence has failed in India.
In four years from 2004-2007, more than 1,23,000 women and 4,23,000 men were arrested and jailed without investigation or trial under the domestic violence legislation Section 498A. This is one of the worst violations of civil rights ever reported in India. Therefore, the Indian Home Ministry has directed all the States to stop misuse of this law and put an end to jailing of innocent people.
Therefore, we oppose the enactment of I-VAWA. And if the law is passed, we strongly urge the United States Congress include statutory language to specifically exclude India from the scope of this program.
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