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AUGUMENT OF NUPTIAL EPOCH - CALLS FOR THE MODERN ERA (By-Adisha P Alexander, Anna Alphonsa James & Sona Benny)
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AUGUMENT OF NUPTIAL EPOCH - CALLS
FOR THE MODERN ERA
Authored by-1. Adisha P Alexander1
2. Anna Alphonsa James2
3. Sona Benny3
Students of 4th Year BBA.LL.B.
Kristu Jayanti College of Law, Bangalore
2. Anna Alphonsa James2
3. Sona Benny3
Students of 4th Year BBA.LL.B.
Kristu Jayanti College of Law, Bangalore
Abstract
Poverty, rising dowry demands, or sexual
assault of the females, we have observed numerous instances of parents forcing
their Eighteen-year-old daughters into marriage. Women get more mature at the
age of twenty-one; however they are frailer at the age of eighteen. An
Eighteen-year-old girl can only be viewed as an adult who has just begun the
adolescent stage; she cannot be recognised as a fully formed woman. Every
individual goes through this era, which comes between childhood and
adolescence. However, adulthood is a stage in the human lifespan where a
youngster has acquired full physical and intellectual development. It is not
logical to send a young lady out of school at the age of eighteen to take care
of the house in the name of marriage. With the knowledge she received at that
age, she might not even be able to find a good job, which could lead to women
becoming forced into odd jobs in order to secure employment at the whim of the
employer. If a woman marries before the age of eighteen, it compromises her
growth, results in an early pregnancy, creates social isolation, delays her
schooling, and restricts her ability to advance in her career and profession.
The impact of early marriage on women is therefore examined in the current
study. Most of the study's data comes from secondary sources. The parliament
has put-forth a bill i.e. Prohibition of Child Marriage Act, 2021 emphasises on
the swap of age from eighteen to twenty-one which mainly focuses on educating
girls, increasing their access to better health care , equal opportunities.
Change in the laws and attitudes towards women will definitely empower women
and thereby helps to conquer the world itself. In this paper the author
analyses social, economical and psychological impact of early marriage of
female.
Keywords:
Women Empowerment, Forced employment, early pregnancy.
Introduction
“Extremists have shown what frightens them most: A girl with a book”
–MalalaYousafzai
While the rest of the globe is waking up to the cry of progressive
feminism in the twenty-first century, India is still mired in the sludge of
archaic misogyny. Women are still viewed as a burdensome appendage and a
financial drain in many parts of our nation. Discrimination starts at birth or
possibly earlier and lasts until the woman dies. The mother and child mortality
rate (IMR and MMR), nutritional status, the sex ratio at birth (SRB), female
labour force participation, gender equality, and women's empowerment are only a
few of the objectives that will be helped by raising the marriage age. A woman
has been dealing with this problem for centuries, so it is not a new one.
On December 21, 2021, the bill was introduced in the LokSabha regarding
the increase in the age of marriage to 21. However, in response to opposition
protests, a parliamentary panel was asked to do additional research. In many
females, early marriage leads to serious mental health issues. Many females are
currently compelled to leave school to get married. Therefore, lowering the
marriage age to 21 would enable them to finish their education. More women will
enrol in higher education if this happens.
The Age of Consent Act, which was passed in 1891, raised the legal age of
consent for sexual activity to 12.Later, however, an association made up of
Annie Basant, Kaladevi, Margaret Cousins, and other independence activists
asked for a raise in the marriage age. The Sarda Act of 1926, also known as the
Child Marriage Control Bill, which set the minimum age for marriage at 14 for
females and 18 for males, heralded the association's victory in 1926.The age of
marriage for women was altered twice after the country gained independence in
1945, in 1949 and 1978, respectively. By 1978, girls were allowed to marry at
18 and women at 21, respectively.
The Child Marriage Prohibition Act of 2006 has taken the place of the
Child Marriage Control Act and maintains the current marriage age. This law
makes marriage between a boy between the ages of 18 and 21 and marrying a girl
under the age of 18 illegal. In order to empower women and ensure that the
marriageable age for men and women is the same, a new measure that would raise
the age at which girls can be married to 21 has been introduced in the
LokSabha.
However, the law was challenged on the grounds of discrimination and was
included in the Union Budget 2020-2021 that was presented in LokSabha on
December 21.Articles 14 of the Indian Constitution, “bars discrimination and prohibits
discriminatory laws”[1].
Under Article 21 of the Constitution in India guarantees right to life and
personal liberty[2]. The
measure must address gender discrimination and inequality, and it must take the
necessary actions to protect the health, well-being, and empowerment of our
women and girls and to guarantee their equality with males in terms of status
and possibilities. It aims to alter the Seventh Personal Act. Hindu Marriage
Law, Parsi Marriage Law, Special Marriage Law, Divorce Law, Muslim Personal Law
and Application Law, and Foreign Marriage Law all apply to marriages in India.
The bill was opposed on numerous grounds, including:
AdhirRanjanChaudhary, a member of the opposition, said that the law violated
Article 25 of the Constitution and was illegal. You are denying a girl the
right to marry at the age of 18, even though she may select her prime minister
and sexual orientation. In response to the opposition, Minister of Women and
Child Development Irani stated that we are 75 years late as a democracy in
granting equal rights to men and women to engage into marriage. It was
discovered that between the ages of 15 and 18, 7% of females become pregnant,
and between 18 and 21, 23% of girls get married[3].
In order to offer everyone a fair chance to participate in group efforts
and inclusive progress, the Bill's changes will take effect two years after the
President gives his or her assent, while other sections would go into effect
right away.
Literature
Review
Raj et.al., (2009) assessed the prevalence of child marriage that is
before 18 years of age in young adult women in India, and the associations
between child marriage and women's fertility and fertility-control outcomes.
Their study showed that the association between child marriage and high
fertility, a repeat childbirth in less than 24 months, multiple unwanted
pregnancies,
pregnancy termination, and sterilization all remained significant after
controlling for duration of marriage[4].
Gangopadhyay (2021) in his study showed the practice of gender-based
discrimination and sought to comprehend the effects of increasing the minimum
legal age for women to be married in India[5].
Goli (2015) et.al examined the impact of early marriage and childbirth on
Indian women's nutritional health, with a particular focus on Bihar and Andhra
Pradesh, the two states having the highest rates of early marriage and first
pregnancies among women under the age of 18. They showed that many women were
married before turning 18 and were therefore subjected to early pregnancies.
They recommended preventing early marriages and the high number of adolescent
pregnancies that result in India, especially in states with a high frequency[6].
The link between mother age at marriage and a few specific pregnancy
outcomes—stillbirth, miscarriage, and problems during pregnancy, labour, and
the postpartum period—was studied by Paul (2018). The study demonstrated that
early maternal age at marriage significantly rises the risk of unfavourable
pregnancy outcomes and recommended strengthening current laws and policies to
rise the age at which girls can get married. It also recommended making an
effort to improve the health status of married adolescents in the study[7].Waite
(1981), in a nuclear family where the parents are highly educated and also have
profiled occupation in the society is likely to reduce the chances of marriage
during the early teens[8].
Fergusson and Woodward (2000) this study was an examination in the
relationship between the adolescent pregnancy and educational fields. The women
who became pregnant at the age of 18 were prone to a high risk of under
achievements and the outcome of this was due to leaving the school before
reaching qualification[9].
Raj et.al., (2012) highlights Adolescent marriage is rampant in India,
increasing the risk of marital violence against women also this appears to
maintain wives' risk of experiencing marital violence in adulthood[10].Levineet.al.,
(2001) in their study highlights the effect of adolescent parenthood on
children and young mother as a cause of early marriage also the early parenting
ties women to many disadvantages such as health issues, unemployment, lack of
knowledge and more[11].
Main Objective
The main objective of the study is to analyse the effect of the increase
in the age of women for their marriage from 18 to 21.
Hypotheses
Null Hypothesis H0: There would not be a significant effect if the
marital age is raised from 18 to 21.
Alternative Hypothesis H1: There would be a significant effect if the
marital age is raised from 18 to 21.
Research
Questions
·
Will
the increase in marriageable age of girls to 21 helps to reduce the problem of
domestic abuse?
·
Will
the shift in marriageable age of girls promote gender equality and women
empowerment?
·
Will
the raising of marriageable age to 21 guarantees holistic development of women?
RESEARCH METHDOLOGY
The present study is a descriptive and critical analysis which is based
on both primary and secondary data. Primary data has been collected from the
surveys conducted through Google Forms and the collected data has been coded
into tables through appropriate statistical tools. An exhaustive review of the
literature has been done for the secondary data along with other sources,
including official report and news articles.
Adverse
Effects Of The Current Act
GENDER INEQUALITY
With the world being highly progressive, the countries are in the pathway
of eliminating any need for discussion on gender equality. They are modifying
the avenues that did not provide the same opportunities into creating a hostile
environment for constructive growth irrespective of their gender orientation. A
country would be considered having equality when the definition of equality
will no more be required to define the citizens of the country. However in
contradiction to this fact, Indian’s still continue to believe that a women’s
birth is associated with simplifying a man’s life. At such a young age of 16 or
18, a girl is supposed to get married and surrender her life for the sake of
others. Age is usually a quantitative measure but the demographic attribute of
age should be read with the emotional and mental growth of girls as a whole.
Constitution of India, under Article 14 considers men and women with equality.
However in case of the marriage age, under the Prohibition of Child Marriage
Act, 2006 there is still inequality as girls could be married by 18, while men
can marry only by 21. In India, it is high time that the burden of running and
managing a household should fall on adult family members equally despite the
gender. There is no reasonableness in differentiating the gender roles in a
house by placing women in the domestic requirements while a man becomes the
sole bread-winner.
Muller v. Oregan[12],
It is clear that the woman's physical constitution and performance of maternal
functions put her at a disadvantage for subsistence. History reveals the fact that women have
always been dependent on men. He
established his control early on through superior physical strength, and this
control continues to this day, in various forms, with diminished intensity.
Education has long been denied
her, and now that the doors of the school-room are open, her opportunities for
acquiring knowledge are great, and yet in spite of that and her increased
capacity for business affairs, she is no equal rival to her brother in the struggle
for a living. She will still be where
some legislation seems necessary to protect her to ensure a real equality or
right.
LACK OF ROBUST PHYSIQUE
With respect to the mortality rate of girls which is very high in case
married girls, India is at par with, many girls losing their lives. This can be
pointed towards the health issues that girls face pertaining to early marriage.
Such a change in their external physical environment and internal immature
growth would cause incapacity of childbearing raising the infant mortality rate
as well. Many girls have prolonged issues of low immune system and exposure to
infectious diseases. As everybody ages differently, it is unreasonable to
believe that every girl's womb is mature at the age of 18. As we are physically
different from each other so are we internally. This can be briefly understood
by the fact that pregnancy and childbirth complications are the leading cause
of death among girls aged 15–19 years and the highest number of pregnancy
deaths is recorded among women between the ages of 16 and 21[13].
Due to societal pressure, a family do not provide opportunity for their girl
child to have proper physical growth and emotional stability and pressurize
them to marry, conceive and take on the role of a mother early. Girls who are
not ready or interested in child bearing at young age, is left helpless as they
cannot dodge pregnancy due to dependency on husband.
EDUCATION
Even though we are way away from how our culture was regarding women
being educated, there is still practice of not letting a girl child go beyond
higher secondary education due to marriage, due to which many girls who would
have been the future President, Prime Minister, Doctor, lawyer and many more
are curtailed in the four walls. Educating every girl child in our country will
only increase their inner capabilities and be independent and not be a burden
on any men in their life. The education a girl receives till her higher
secondary is knowledge but it does not give them the expertise of having themselves
recognised in the society.
Education is a weapon for anyone against injustice towards them. For
women not only it is a weapon against injustice to her by the society but also
in her marital house. Though now a day’s marital house encourages education,
due to early pregnancy a girl is compelled to drop out from her further
studies. Education is not just a necessity but a human right.
DOMESTIC VIOLENCE
Domestic violence being a social evil contains both aggressive and
passive aggressive advances towards girl. Being subjected to various forms of
abuse, be it, verbal, physical, emotional or psychological, abuse takes forms
that are more subtle than the violence elsewhere in society. It is an act which
intends to hamper a person’s autonomy and identity with actions that tends to
cross the boundary of the human causing them to think and act in ways which
they would not have if there is a presence of free will. At 18 most girls are
not aware of her marital rights as there is no exposure towards the real life scenarios
at a small age. Such coercion is intended to victimize girls, which in turn
make their lives much more difficult and helpless[14]. Most of the girls subjected to abuse perceive
it as a normal domestic issue, which is ought to be kept within the four walls.
It is very common for girls to keep silence as they are made to bear the
responsibility of keeping their family reputation held high, thereby
jeopardizing their own life.
CURTAILED IN THE FOUR WALLS
The age of 18 to 20 is a period, where girls are exposed to new
opportunities, creating companionship and being able to get in touch with their
emotional and mental capacities and capabilities. At this age, the door of new
world opens before them providing knowledge, skills, wisdom and abilities to face
the dynamic consequences of the outside world. Such a growing phase would be
snatched away if the girl is supposed to move away to stay with the husband’s
family. Being unknown to the unfamiliar environment, the girls often tend to
isolate themselves into the confines of the house, leaving them unable to hone
their skills. With the new roles of being wives and mothers, they also inherit
the primary job of tending to the domestic needs of the house. As a result, these young girls will be
deviated from the real mission of their life as to develop their own identity
by playing, developing friendships, creating bonds, becoming educated, and
building extraordinary achievements for the benefit of the entire world.
FORCED ODD JOBS
In almost all spheres of social life, the condition of women in India is
much worse in comparison to other countries where women are able to flourish
and prosper. In India, the budget to run a household is sky rocketing which
renders the income of the husband insufficient to fulfil the basic needs of a
family. Sometimes these issues are also blamed on the wife causing her to feel
responsible for the imbalance in income and expenses. Such a misconception,
read with emotional instability, most married girls are forced to take odd jobs
to run the household chores. In a well advanced society where graduation is the
basic requirement to get a worthwhile job, the girls who possess a maximum of
secondary education, without any primary choice they is forced to choose jobs
available like prostitution, slavery, panhandler, forced labour in hazardous
environment. Despite being employed in the same job, they receive only 75% of
the income their male counter-parts earn for the same work[15].
Pathway To
The New Bill:
A teenage marriage can lead to
conceiving a child; this can lead to many consequences for adolescent
girls. From UNICEF studies, in the
global context, 82 percent of adolescents aged 15-19 have received only one
antenatal care visit, compared to an increased proportion of 87 percent of all
women and girls aged 15-49. Globally,
adolescent girls received about the same amount of skilled delivery care as the
general population (75 to 81 percent).
In terms of the percentage of girls who received antenatal care, 65% was
comparable among adolescent girls and among all women and girls, with some
regions having relative differences in terms of postnatal care for
newborns. In South Asian countries, 31
percent of newborns to adolescent mothers received postnatal contact, while 37
percent of newborns were contacted by all mothers. Overall, these findings highlight the high
need to support adolescent girls in realizing their sexual and reproductive
health rights and progressing into safe and healthy adulthood[16].
The Nepal Demographic and Health
Survey (NDHS) 2016 uncovered that “teenage marriage leads to an increase in
physical violence.
Physical violence had hitted upon those women
who are married early (about 34 percent marry before the age of 15, 25 percent
marry between the ages of 15-17 and 21 percent marry between the ages of
18-19). But physical violence was less
common among married women aged 20 years or above (12 per cent)[17].
The United Nations and many other
governments have acknowledged that teenage marriage is an outline of
gender-based violence. Ferocity in Childhood and subsequent to later stage
violence can impair girls' and women's ability to participate in schooling and
employment, hampering their lifelong prospects for education and employment.
Research conducted in India, Pakistan and Bangladesh explained that child
marriage and early marriage are recognized threat factors in women's lives.
A survey conducted by National family
health revealed that “23.3 per cent of women in the age group among 20 to 24
were married before getting 18 years of age. Around 6.8 per cent of girls
between 15-19 years were already mothers and carrying during the phase of
study”. Only 41 per cent of women had 10 years of schooling hostile to 50.2 per
cent of men. In terms of economic progress, only 54 percent of women own a
mobile phone which they use. Labour force participation has declined as
household responsibilities have increased in teenage women[18].
A survey has been conducted for the purpose of this research
to show adverse effect of the idea which the current Act profess. 150
respondents from legal faternity have been participated in the survey by
answering the proposed questions through google form. The results have been
discussed below:
From this survey we can conclude that by increasing the marriage age of
girls from 18 to 21 years, it results in women empowerment, increase in health
care, a deduction in the infant mortality ratio etc.
Future Prospects Of New Bill:
On the basis of the data collected through primary and secondary data the
following future prospective can be expected.
WOMEN EMPOWERMENT
The 90s saw the dawn of women empowerment making it the place holder for
the new millennium. Women's empowerment involves gaining knowledge and
understanding about gender relations and it aims to bring about a change to
these conventional relations, developing a strong belief in one's own
self-worth and the ability to bring about desired changes and the right to
control one's own life. The concept of women's empowerment refers to
individuals' psychological sense of all aspects relating to one's life,
including and not limited to all domestic, social, and the political aspects,
it is a process that enables one to act autonomously and control resources. The
primary and most effective component of women’s empowerment involves education.
Education is a basic right that enables one to write their mind, increase
their self-esteem and confidence, fosters positive self-esteem; provide the ways
and means of accessing information and knowledge. Education can provide anyone
with the ability to negotiate from a position of power in this unequal and
unjust world. A society shall remain unelaborated as long as it
fails to educate its women. Women's empowerment was one of the nine primary
objectives of the Ninth Plan from 1997 to 2002, this brought about better focus
and importance to the basic notion that women should be freely be able exercise
their rights inside as well as outside their homes as equals to men. Women face
all kinds of atrocities in all their day to day activities, thus in order
preserves their sanctity and dignity they are ought to be empowered[19].
FINANCIAL INDEPENDENCE
Work interest empowers women to stand on their own feet. Rather than chasing
their dream jobs the youthful souls are forced to carry the burden of early
pregnancy, child birth and breast nourishing which could be a complex issue in
their growth and development phase.
Employment moulds up ladies to end up autonomous and self-adequate.
Education leads to employment and early marriage causes a road block.
With the introduction of the bill the government is looking out to
eradicate marriage at the age of 18, so that girl children can keeping their
lives without locking them in constrained odd employments such as forced
labour, prostitution etc. Concurring to
the Joined together Countries Insights Division (2010), from 1990 to 2010, the
number of women partaking in wage labour around the world was 52%[20].
GENDER DISPARITIES
Gender parity is a basic right for all the people. Women marry earlier
than men, hence a gender gap exist in India to date. The question that arises
is that if women can vote at the age of 18, why they should have the right to
choose her life partner at the age of 21 only. The gender gap in marriage life
is important because it brings differences between genders in many aspects of
life. This bill objected the non-discrimination and gender parity. Raising the
marriage age of women from 18 to 21 leads to gender equality. All women and men
are equal in the court of law, but it has not been followed in many places.
This gender discrimination affect the education of women, marriage, gender
based violence etc. Gender equality has increased the Women's way in and the control
over financial resources.
ECONOMIC DEVELOPMENT
Increasing marriage age leads to women empowerment, women empowerment
will help in the economic growth which in turn will help in the growth of the
country. All girls are starting to participate in all fields at the same rate
as men. Girls have become self-sufficient in all activities going on in our
country. For economic growth girls have been playing the main role in making a
peaceful and secure society. It is targeted to bring out the hidden talents of girls.
It has increased the girl power and has given then the opportunity to stand on
their own position. By increasing the legal age of marriage we can achieve
better economic development, reproductive capacity of women which will get
exponentially reduced which in turn would reduce the population which is the
biggest hindrance to economic development in a developing country like India.
HEALTH PROMOTIONS
Early marriages pave the way for health problems. All women need a
specific health, but in our society, health systems have failed to provide it.
Women's health is an urgent priority. If a mother has died, it would affect
very badly on the health, nutrition, education and social status of their
children and the society.
In our society, there is a common notion that the women should eat in
last in a family, while they are the ones who suffering from all the negative
issues associated with handling a household. Its effects very negatively in
medical conditions like malnourishment, anaemia and many kinds of vulnerable,
contagious and infectious diseases etc.
Early teen marriage of girls leads to n number of health problems
affecting women’s mental, physical, sexual and reproductive health. It augments
the risk of depression, injuries, unplanned pregnancies, sexually transmitted
infections, anxiety disorders and many other health problems.
Findings
·
Involvement
in higher education for women will decrease the illiteracy rate.
·
To
ensure women’s involvement in the workforce.
·
Decrease
in the death rate at the time of pregnancy and mental health problems.
·
The
outcome of the law is to prevent abuse of minors.
·
It
ensures gender-equality and women empowerment which would allow them to be more
independent.
·
By
increase in the legal age of marriage leads to higher economic development by
of exponentially reducing the reproductive capacity of women which causes
reduction in the population level in the country.
Suggestions
From the research it is very evident that there are few areas where India
could actually improve citing to the differences in the opportunities provided
to gender orientations currently present in India such as:
v To give them a comfort space so
basically speaking they should have a conversion period were they would feel
comfortable enough to go to another place and start their life over there.
v To give them a financial
independence. Basically speaking any girl before the age of 18 is under the
financial dependency of their parents. And after the marriage at the early
teens, without any employment they would be under the dependency of women and
in-laws which would make her completely helpless regarding to their financial
dependence. Only if a girl has enough education especially at least until
graduation a girl would be able to get a well worth job and get them
financially independent enough to take her own credit details, decisions, how
to manage or utilise their resources etc.
v To give them physical and mental
growth because every human are different in their physical and mental
attributes. Therefore there is no universal truth or universally accepted fact
that every women would physically, mentally and completely grown by the age of
18. Everybody’s age is differently in both their physique and mental
structures. So only if they are physical and mentally capable enough to take on
new roles of being wife, being up home manager the women would suffice to be
financially, physically and emotionally independent and create her own identity
to express themselves in the society.
v Giving them awareness of family planning.
At a very young age of 18 no girls are in touch with the family panning
procedures and programmes that are offered
by the government of India as
well as their own ideas of family planning which would in turn make them
conceive without any contraception’s or anything like that will create a huge
boom in the population as well. So if they are given adequate awareness
regarding the family planning procedures and programmes that are offered by the
government of india it would be great enough to curtail unwanted pregnancies as
well as the population of india which is going on as skyrocketing nowadays.
v To give them scholarships. India is
very well worst in providing scholarships for women and children. However there
is still a disparity and dis-utilisation of scholarships in terms of education,
health and infrastructure facilities. So
there is lots of red tapism in such structures.
Usually there is a huge practise in
India where the scholarships amounts are received by the girls are used in
preparing for their marriage rather than giving them the education. These
people will enrol for a degree course and drop out telling that they are unable
to bear the course structure not because they are married at the early
age. So there should be an effective authority
or centre to keep in touch with these kinds of people who are eligible for
scholarships but are not getting it and also make sure that funds reach them
and those funds are actually utilised for their education rather than marriage.
v To give them paternity leave. This is
a new concept which is widely spread in developed countries. In India there is
a misconception that child bearing, conceiving and rendering will be the
responsibility of women. So if there is maternity leave there should be also paternity
leave as well because child would be grown out of two people and not from just
one.
Conclusion
The research paper mainly emphasis on the issues faced by a girl if they
are married at the age of 18 and also deals with the benefit as to the increase
in the marriage age from 18 to 21. Early
teen marriages is considered as a tool
to endanger a women’s life in ways of domestic abuse, lack of proper
care, no exposures to the new world and making them a passive character in the
society. Marriage brings major drastic changes in a women’s life. A girl at the
age of 18 will not be in a position to accept such drastic changes like leaving
their homes at a young age, taking up the responsibilities to run the household
chores, physical and mental abuse by her in-laws, degrading her status in the
society and many more. A girl should never be caged, and should be given the
right to education and the right to choose. Education to girls will help in the
development of the society and their household. Through the acceptance of this
bill there will be changes in the society and rights of girls. By the age of 18
to 21 she will be developed both intellectually and mentally which will pave
the way for them to be independent and fly more heights. Rights of education to
girls will help in the development of their children and the society.
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Article Information
AUGUMENT OF NUPTIAL EPOCH - CALLS FOR THE MODERN ERA (By-Adisha P Alexander, Anna Alphonsa James & Sona Benny)
Authors: Adisha P Alexander, Anna Alphonsa James, Sona Benny
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/08/24
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.