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Paternalistic Traditions within Contemporary India

By: Sarah Rubiaco Professor Kahlert Writing 117. Paternalistic Traditions within Contemporary India.

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Paternalistic Traditions within Contemporary India

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  1. By: Sarah Rubiaco Professor Kahlert Writing 117 Paternalistic Traditions within Contemporary India

  2. The longevity of paternalistic traditions that have propelled its way into contemporary India have violated their own legal system, as well as, the promises the state have agreed to uphold with the Universal Declaration of Human Rights by infringing upon articles 5, 7, and 16 Thesis:

  3. Universal Declaration of Human Rights (UDHR) • It was adopted on December 10th, 1948 by the UN General Assembly • It is a declaration that was drafted by 9 different individuals across the globe to insure the inalienable rights of each person • Composed of 30 Articles • India is also a founding member of the United Nations

  4. Legal System • India possesses a common law system that has passed The Protection of Women from Domestic Violence Act, 2005 (PWDVA) • Looks good on paper, but they have ignored to implement it • There have been multiple cases of dowry deaths, and torture/cruelty amongst Indian wives

  5. Article 5 • “No one shall be subjected to torture or to cruel, in human or degrading treatment or punishment” (un.org)

  6. Example 1 • The amount of “dowry deaths in India has increased from 6,208 in 2003 to 8,172 in 2008” (BiswajitGhosh and TanimaChoudhuri 320)

  7. Example 2 • In 2008, alone, there were 81,344 incidences of torture/cruelty that were done to Indian wives

  8. Case 3 • Name: Kabita • Abuse/Torture: Emotional and Physical abuse by her husband • Reason: Unable to bear a male child, unsatisfactory dowry, and her questioning of an affair occurring between her husband and his sister-in-law • Court Decision: Verdict in favor of Kabita

  9. Case 4 • Name: Chinmoyee • Abuse/Torture: Subjected by severe mental and physical torture by her husband and her in-laws • Reason: Unable to bear a male child • Court Decision: Ruled in her favor, but nothing has been presented yet

  10. Article 7 • “All areequalbefore the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination” (un.org)

  11. Case 5 • Name: Basanti • Abuse/Torture: Son threw both her and her ailing husband out of the house; he also assaulted them physically • Reason: ?? • Court Decision: They have had 11 hearings since 2009 when she filed the case, but nothing has been decided or done

  12. Article 16 • “(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. “(un.org)

  13. Case 6 • Name: Hiramoni • Abuse/Torture: In-laws kicked her and her two sons out of the house • Reason: ?? • Court Decision: Her case has been unable to be hear amongst the local court because her in-laws hold power within their locality

  14. Justice since the passing of the PWDVA? • No, because police have refused to implement • Women filling a case is rebellious, therefore, those who do must provide their own safety from angry men

  15. Steps to Justice • Must created a system that allows cases to be heard at a much faster pace • Establish a solution to force implementation

  16. References • Ghosh, Biswajit, and TanimaChoudhuri. "Legal Protection Against Domestic Violence in India: Scope and Limitations." Print. • "UN|DPI — OD|Dag Hammarskjöld Library: Member States|On the Record." UN News Center. UN. Web. 1 Apr. 2012. <http://www.un.org/depts/dhl/unms/cms.shtml>.

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