Alternatives to Incarceration in Domestic Violence: Indian Experience

Some recent studies suggested that many women who suffer violence in the domestic or family may not want the abuser be punished severely, as it may drive them in financial hardship and derange the relationship between the father and the children Similarly, Horstman, Bond & Eriksson (2019) study suggested that Judges when imposed sentences take into consideration victim—offender relationship as it may occur sometime without premeditation and on a spar of moment. Hence Domestic Violence Laws generally framed in such a way that the penal measures are remedial in nature rather than punitive. Some countries, like Malaysian law incorporate community service as part of the form of punishment in dealing with domestic violence offences. Community service is a form of restorative and rehabilitative method of intervention and treaded as amicable form of self-realization way to remorse for hurting their loved ones. In India the domestic violence in rural areas mostly suffered by rural and disadvantaged groups. The judicial attitude also look into the domestic violence in a different traditional way. The disposition of cases and conviction rate in such cases indicating something wrong directions. The study seeks to suggest a legislative reforms which will suggest a comparative study of other jurisdiction.