theoryofabrogation

Tag: Domestic Violence

Honour Killings In India

Honour Killings In India Honour killing is one of the cultural offences in the nation. The killing of a (usually female) family or clan member by one or more (mainly male) family members who feel the victim has brought dishonour upon the family, clan, or community is frequently referred to as a “customary killing“. As honour killings are not gender-specific, many of their occurrences go unreported and uninvestigated due to the embarrassment that such an admission would entail. The main goal is to make the family member look bad. Three sections make up the current article. In the first section, there is a brief discussion of the definition of honour killing and its reasons. The laws that are already in place and those that have been proposed for judicial decisions to stop them are also included in the second part. The third and last portion of the article explores the potential for additional rules and regulations to apply to it. Introduction Honour killings are carried out by relatives who believe that doing so will purify their group. They murder one of the members to earn back the family’s reputation and rid them of the shame and disgrace that that person had brought upon them. A male relative murders the female who disobeyed them and disobeyed the family. This is a type of premeditated murder perpetrated against the person who disgraced the family. Most often, these behaviours result from triggers set off by close family members, the community, or nearby neighbours who make the accused feel degraded and agitated. Most of these are directed at females who are thought to have committed sexual or marital crimes. When a member of the community chooses someone from a different caste, it creates inequity in a society where everyone is treated fairly and without prejudice. Since a girl’s caste and position shift when she reaches her husband’s home, caste and status are the main causes of it in the modern world. The study’s objectives are to learn more about honour killing, emphasise its seriousness, educate society about its repercussions, and look into the contributing elements. Background In many different societies today, honour killing is still a long-standing ritual. It started long before the Islamic era, but they were more common during it. Some authors assert that honour killing happens everywhere, while others assert that it is specific to certain communities in Southeast Asia and the Middle East, where it is deeply ingrained in traditions and customs that date back to ancient times. Some analysts claim that the Baleech and Pashtun tribes of Balochistan engaged in the practice of honour killing. In the past, adultery and rape were regarded as immoral behaviours in Rome, and women’s lives were taken to preserve the honour of the home and community. Women are seen as less than men in Greek society, but they are also the victims of men. It has been proven that numerous women were executed for adultery or on suspicion of adultery in ancient Egypt and among American tribes under the guise of honour crimes. Definition Of Honour Killing According to Human Rights Watch, “honour killings” are acts of violence, most often murder, carried out by male family members against female family members who are believed to have tarnished the family name. For many reasons, a woman may come under the family’s wrath, such as refusing to participate in an arranged marriage, being the victim of sexual assault, requesting a divorce—even from an abusive husband—or engaging in adultery. An attack on a woman’s family can begin simply with the idea that she has acted in a way that “dishonours” them. Reasons Of Honour Killing The following are the specific justifications for honour killing. Refusal to accept an arranged marriage: Whether a male or female family member refuses to accept the marriage that has been planned by the family, they will be slain for the benefit of the family. When a person declines the marriage that the family has arranged, the family members experience a certain amount of guilt. Divorce: The victim of an honour killing would be a married person who sought a divorce due to problems in their marriage with their family. When a member of the family feels that the victim would rather die than live, they may decide to kill the person themselves rather than seek a divorce because it will damage the family’s reputation. Family member allegations and rumours: The victim may become the target of family member allegations or rumours spread by the community at large. Because of their status and reputation, the family members would murder the member, whether they knew the truth or not. According to them, killing the victim will boost the family’s reputation and position. Homosexuality: It is now considered normal when love develops between people of the same sex. When a couple of the same sex wishes to live together, the family or society forbids it, which in turn leads to more and more accusations and upsets the family members. Victims of rape: Women are being raped in a society where they ought to be protected. In that scenario, it is the responsibility of the family to accept such victims, but they see it with shame and believe the girl’s life is over and she is wholly useless to them and society as a whole, so they plan to kill her. Inter-caste marriage: When a victim marries someone from a different caste, the party who views their caste as significant and more important than their family members suffers. In this situation, the lower caste member would rather kill the victim than allow them to live by raising their caste. They would kill the victim even though they were a member of their family in cases where the victim belonged to a lower caste because caste is the foundation of their prestige. Not only do their family members become victims, but the other party they want to live with also suffers. Legislative Framework Concerning Honour…

Indian Constitution, Law

Domestic Violence

History In the beginning of the 1800s, in English common law wife beating is considered as a men’s right. It is considered a  ritual amongst society but with time in the 16th century, this is considered as a crime not only against women but against society as a whole. It was termed as a breach of the peace in that society. So to curb this problem English common law introduced some laws i.e. to furnish a bond by the husband and to stake pledges from his associates for peaceful life and good behavior in the future. In terms of the sentences, it was only pity fines. A great change has been seen during the American Revolution, many of the American colonies made laws in favor of women and coined the domestic violence system a heinous crime against the liberty of women. Transfer of the local justices to the state courts. Taking a course of the same by the judicial system rather than the legislatures of the state. Setting up the precedent in domestic violence cases are some of the things that took place in that era. The major change took place when the political agitation of the feminist movement begin to take place in the 19th century. This forces the political system of that era into opinion and legislation. related to domestic violence within the US, UK, and other countries. • In the year 1850 Tennessee a state in the US become the first country to make wife beating illegal and penalized strong punishment for the same. Gradually this thing followed by other states also. — In the year 1878 UK matrimonial causes act was passed which gave a right to the wife to get separated from an abusive husband. • In the early 20th century a change was also seen amongst the court in these cases whenever these types of cases comes into the court. The Judge imposes a harsh punishment against the husband’s perpetrator. But when the situation is the opposite the same thing deals with leniency by the court. Even then in most of the legal systems around the world, the issue of domestic violence was highlighted from the 1990s onward. In most countries, there were no protection no laws for the security of women in cases of domestic violence. Keeping in view this thing in 1993 the UN published some strategies for confronting domestic violence: A resource manual. By this, they are urging the countries to treat domestic violence as an unlawful act. But the scenario was not as thought as many countries at that time so this was out of the scope of the law. Physical discipline of the children and chastisement of the wife is considered as one of the necessary things. As far as India is concerned there are various forms of domestic violence act has been seen i.e. honor killings, dowry deaths, and forced marriages. In the year 2005 efforts were being made to curb the issue of domestic violence and in response to this the protection of women from domestic violence act has been passed. TYPES OF DOMESTIC VIOLENCE There are various forms of domestic violence engraved in the laws some of these are:- Physical abuse One of the most prominent abuse is considered physical abuse where the victim is in constant fear of bodily pain, injury, other physical suffering, or bodily harm. Due to this the growth of her mental and physical state stuck. Another thing that took place is an acid attack in which the attempt is to damage the face and the body of the victim which also result in blindness and permanent scaring of the female. As far as India is considered most of the domestic violence cases come after the women get married and the husband or the family members of the husband are dissatisfied over the dowry demands that result in continuous physical abuse of the women and some cases the killing of the women. According to the National crime records bureau in the year 2011 around 8618 dowry deaths were reported in India but the official figure is far bigger than this amount. Sexual abuse It is defined as abuse that humiliates, degrades, or hampers the dignity of women in general. Majority of the sexual abuse is considered marital rape but this is not outlawed in many countries. Marital rape is only hit when the victim is under the age of  15. Besides this, in many cultures, the victim of rape is considered a shame and disgrace to the family. If the victim got pregnant then her life ended up by her family members. When it comes to marriage in some cultures there is an obligation that the woman is only to bear the children of the husband if it is found out that the woman is using birth control then she has to face the constant fear and threats in society this practice is mostly common among the people of Ghana. Verbal and Emotional Abuse In domestic violence cases, the first thing that a female has to face is verbal abuse by her spouse and in some cases by the family of the spouse. When it is intermixed with emotional abuse the situation got worse. The environment of this led to emotional and mental trauma to the female which ultimately hampers her mental strength. WHO termed it as the most common way of abuse in all the societies of the world. It includes minimizing threats, isolation, public humiliation, criticism among the masses, personal devaluation of the image, coercive control over one’s affairs, and stalking. This led to increasing chances of depression which can lead to suicide, drug and alcohol abuse, etc. Economic Abuse This is a form of financial abuse in which one intimate partner has overall control over the economic resources of the other partner. The assets are used as a means of control. Economic abuse includes limiting what victims may use or exploiting the resources used to support the daily…

Criminal Law