Open Access Research Article
HUMAN TRAFFICKING AS A MORDERN FORM OF SLAVERY.
Published Paper
Article Details
HUMAN TRAFFICKING AS A MORDERN FORM
OF SLAVERY.
AUTHORED BY - MEHUL
INTRODUCTION
The burning
topic is whether rape punishment should be increase after the Nirbhaya
incident. The law should act more dynamically because of the dilatory system in
India. It takes a long period to deliver justice to the victim. In 1900 BC in
Babylon, a man could be sentenced to death for forcibly sex on wife or daughter
on the ground of destroying someone else’s dignity. The word “rape”, which from
the Latin term rapio, means “to seize”. thus, rape literally means forcible
seizure. It signifies in common terminology, as the ravishment of a woman
without her consent, by force, fear, or fraud” or “the carnal knowledge of a
woman by force against her will”. In other word rape is violation with violence
of a private person of a woman, an outrage by all means.
In various
other countries during the ancient times law are defined as a property crime
against the husband or father and not against the women as a individual. Later,
though are some modifications done in rape law, and it became a heinous crime
against women as individual on the ground of sexual purity.
Martial
rape, often overlooked and underreported, is a form of sexual violence that
occurs within the context of marriage or intimate relationships. Rape is a form of domestic violence. It refers
to the act of sexual assault or rape committed by one spouse against, the other
without their consent. It is a violation of the victim’s bodily autonomy and
their right to say no to sexual activity. Martial rape is an issue that occurs
within the context of an intimate relationship, and is a form of abuse and
control. Understanding sexual consent is important not only to learn about
violation and abuse, but also maintain healthy relationships.
While the
concept of sexual consent is evolving through criminal jurisprudence, the term
itself may have been borrowed from English or other western languages. While
sir Richard burton’s translation of the karma sutra has a short discussion
around the concept have been traditionally absent. With the Non-English
language speaking population becoming substantial, an explicit creation of vocabulary
in regional languages to discuss the concept of sexual and its nuances is
urgently required. It is very clear that there is a problem in the Indian law which
not only take away the right from the citizen of its country but also makes the
citizen suffer. Martial rape, is also violation of the article 14 and 21 of the
Indian constitution. The UN population fund (UNFPA) says,” the right to access
to comprehensive sexuality education is grounded in fundamental human rights
and is a mean to empower young women to protect their health and well-being”.
Where the offenders suffer
from socio economic, psychic or penal compulsions insufficient to attract a
legal exception or to downgrade the crime into a lesser one judicial
commutation ‘s. Accused should be granting some relief in the case of martial
because wife wants justice but not at the cost of their children future. Women facing domestic violence were found to be 2.59
times more likely to experience perinatal and neonatal mortality in a study
conducted in North India among 2199 pregnant women, recommended that
reproductive health services must include screening for spousal violence as
they found an association between miscarriage and violence faced by women from
an intimate partner.
This paper
attempts to describe the experiences of women facing sexual violence in
marriage, how these women come in contact with the health system, and the
response they receive from the health system and police. The findings raise
important concerns regarding the inadequacy of redressal mechanisms and the
limited roles played by the police and health system, influenced significantly
by the impunity afforded to marital rape by the law. The paper highlights the
pivotal role that a sensitive health system can play in identifying sexual
violence by recognizing the health consequences associated with it.
The punishment
of rape should be reduced, because no women want her husband behind the bar.
The rigorous punishment should be deducted it should be made to simple imprisonment.
Wife want justice but not at the cost of their life. The martial rape is not heinous
offence, it is a form of rape but not the heinous form.
Article Information
HUMAN TRAFFICKING AS A MORDERN FORM OF SLAVERY.
Authors: MEHUL
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/16
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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