| |
Violence against women and girls continue to be a global epidemic that kills, torture, and maims-physically, psychologically, sexually and economically. It is one of the most pervasive of Human Rights Violations, denying women and girls equality, security, dignity, self-worth and human rights to enjoy fundamental freedoms. Violation against women is present in every country, cutting across boundaries of culture, class, education, income, ethnicity and age. Even though most societies proscribe violence against women, the realitiy is that violation against women`s human rights are often sanctioned under the garb of cultural practices and norms or through misinterpretation of religious tenets. Sidney Brandon has rightly said that ˜statistically it is safer to be on streets after dark with a stranger than at home in bosom of one`s family, for it is there that account murder and violence are likely to occur` Therefore, no society can claim to be free of such violence. The only variation is in the pattern and trends that exist in control of the region. The various problems touched upon in these articles are-criminalization of marital rape whereupon various court cases in Indian and foreign courts are reviewed and decisions of the apex courts are illustrated. Marital Rape exemption has granted husbands a right to have sexual intercourse with his wife though it is against her will and wishes or by making force against her. Marital Rape is preferably the worst type of rape, because it is some one a women knows, trusts, love, who commits this heinous act. Marital exemption and its historical background is delineated in the article. It further classifies the marital rape and its types. The study examines legal framework regarding marital exemption in India. The recommendations of the Law Commission were drafted in form of Indian Penal Cod. Various articles and provisions in the Indian Constitution are also examined like equal protection of law and equality before law, right to life, and personal liberty. Marital Rape is cruelty and is domestic violence and finally various reasons for making marital rape as an offence is argued in the article. Finally the study reviews the position of marital rape in other countries and various provisions and articles enshrined in the United Nations various conventions and covenants are also discussed like Convention on the elimination of discrimination against women (CEDAW).ww
ISBN 9788183874724
|
| |
Pages : 185
|