When Australia and India meet, the competition usually centres on cricket fields under sunlit skies. But in 2024, a new kind of rivalry emerged: the legal landscape. Legal experts now urge India to consider the lessons of Australia’s recent groundbreaking reforms in family law, a bold stride toward economic justice for survivors of domestic violence.

Australia’s Legal Cricket Match: A New Benchmark in Fairness

In Australia, the Family Law Act 1975 recently underwent a monumental change with the addition of Section 79(5). This amendment acknowledges the economic impact of domestic violence—mental or physical—on victims during the division of marital property. By recognizing family violence as a factor that can erode a victim’s contributions to the marital estate, courts are now empowered to increase divorce settlements for survivors. It’s a holistic approach, ensuring that economic justice becomes part of reparative justice.

As principal lawyer Jaswinder Sekhon of the Sydney and international law firm, Goldman & Co Lawyers puts it, “This reform establishes a global benchmark for fairness and justice, ensuring victims aren’t doubly punished—first by their abuser, and then by systemic inequities.”

India’s Legal Scorecard: Fragmentation and Challenges

India, with its diverse cultural and religious fabric, approaches matrimonial property differently. Here, religious personal laws govern marriages, creating disparities. For Hindus, maintenance and alimony exist but lack codified systems for shared marital property. Meanwhile, under Islamic law, the Mehr (dower) system often limits the wife’s financial security.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA), though comprehensive in providing civil remedies, stops short of addressing property division in reparative terms. Ms. Ekta Jhanjhri, a Goldman Lawyers Indian Office Advocate, argues, “There is an urgent need to consolidate fragmented laws into a unified framework that ensures economic justice for domestic violence survivors.” 

A Push for Reform: Lessons Beyond the Border-Gavaskar Trophy

The call for legal reform coincides with strengthening ties between Australia and India, exemplified by the Economic Cooperation and Trade Agreement (ECTA) and the iconic Border-Gavaskar Trophy. Experts believe this camaraderie can extend to legal discourse.

Ms. Jhanjhri suggests leveraging these partnerships to encourage cross-border learning. “Australia’s reforms show how law can actively combat gender inequity. It’s time India follows suit,” she asserts. 

Addressing the Australian-Indian Diaspora

For Indians in Australia, these legal reforms hold immense promise. The community, among the largest migrant groups, grapples with cultural norms that often overlook domestic violence issues. Sekhon underscores the importance of awareness among Australian-Indians, stating, “The adoption of these reforms can redefine the cultural landscape for Indian families in Australia.”

A Roadmap for India: Bold Moves Toward Economic Justice

India’s path to reform, while complex, could benefit from Australia’s example. Key steps include:

  1. Unified Legal Frameworks: Consolidate matrimonial property laws across religions
    to provide equitable solutions
  2. Judicial Training: Equip judges with the knowledge to understand the intersection of
    domestic violence and economic justice.
  3. Community Awareness: Foster dialogue within communities to challenge outdated
    cultural norms.

A New Partnership for Change

With Australia and India collaborating on everything from cricket to trade, expanding this partnership to include family law reforms seems natural. Bold strides in gender-equitable laws could help address the economic vulnerabilities of survivors, not only strengthening India’s legal landscape but also ensuring justice for all.

As the legal field, much like cricket, evolves into a stage for global exchange, let us hope this partnership scores big in championing fairness and justice. Because when it comes to rights, it’s not just cricket—it’s everything

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For more information or to arrange interviews, please contact: Ms Kerry Turner,
kerry@goldman-lawyers.com or on 1300-343-560
Goldman & Co Lawyers Pty Limited, www.goldman-lawyers.com