Talks by Isankhya Udani
In modern times, even though 'marriage' is regarded as a partnership of equals, the truth is the ... more In modern times, even though 'marriage' is regarded as a partnership of equals, the truth is the rights of married women are often restricted by social-cultural obstacles in the societies, where they live. Having emphasized the State Obligation under international treaty law, Article 16 (1) of the UDHR, Article 23 (4) of the ICCPR and Article 16 (1) (C) of the CEDAW declare that 'men and women are entitled to equal rights as to marriage and during the marriage.' However, criminalizing marital rape, in all circumstances remains controversial in many countries, despite their international obligations towards eliminating all forms of discrimination against women. In Sri Lanka, marital rape is not a criminal offence, unless the husband and wife are judicially separated. Therefore, this research argues that outlawing marital rape is a breach of international treaty obligations, as well as a violation of the Constitutional guarantee of equality before the law. On the other hand, the targets of the Goal 05 of the SDGs are to achieve gender equality and empower all women and girls. Hence, legislative and social reluctance in abolishing 'marital rape exception' is a major obstruction to achieving the women's empowerment and the practical realization of their fundamental rights. The main objective of this research is to make effective recommendations to protect women's human rights during the marriage, by providing a strong safeguard against the marital rape. This is a qualitative research; mainly, carried out by reference of secondary data. Marriage is in modern times, regarded as a partnership of equals, and no longer one in which the wife must be the subservient chattel of the husband. 2 Kanodia and Ray (2016) reaffirm the concept of 'equal partnership in marriage' and further describe that having married each other, both man and woman also gain some rights and duties towards each other and each one of them is to respect one another and recognise them as 'equals' in the relationship. 3 However, the truth is the rights of married women are often restricted by the social-cultural obstacles in the societies, where they live. The concept of 'equality of men and women in marriage' has been enshrined in international treaty law. In particular, Article 16 (1) of the UDHR 4 declares that " men and women are entitled to equal rights as to marriage and during the marriage. " This recognition has been reaffirmed by Article 23 (4) of the ICCPR. 5 Moreover, Article 16 (1) (C) of the CEDAW 6 declares that " States parties shall take appropriate steps to ensure equality of rights and responsibilities of spouses during the marriage. " Therefore, it provides a solid understanding that both spouses should have equal rights to make decisions about their sexual and reproductive lives without violating human rights and sexual autonomy of each other. 7 In the landmark judicial decision in Nepal,
Papers by Isankhya Udani
Asian journal of social sciences and humanities, 2015
In the British colonial era, even if the British administrative policy based on the decision of C... more In the British colonial era, even if the British administrative policy based on the decision of Campbell v. Hall was adopted by the proclamation of 1799 in Ceylon, the principles of English law have been introduced through the judicial activism. At times, this caused to create an overlap between the Roman Dutch law and English law in its domestic application. In coming up to this viewpoint, the question, “whether the tort rule in Rylands v. Fletcher is incorporated in the legal system of Sri Lanka” is a controversial issue and there is no judicial consensus in adopting this doctrine in introducing ‘strict liability’ for civil injuries. Therefore, the main objective of this research is to examine the “role of the judiciary” in introducing a tort doctrine to the legal system of Sri Lanka through the judicial interpretation. When considering the judicial attitude in Ceylon in adopting this doctrine, the approach that, “the principle laid down in Fletcher v. Rylands had been adopted in ...
In the British colonial era, even if the British administrative policy based on the decision of C... more In the British colonial era, even if the British administrative policy based on the decision of Campbell v. Hall was adopted by the proclamation of 1799 in Ceylon, the principles of English law have been introduced through the judicial activism. At times, this caused to create an overlap between the Roman Dutch law and English law in its domestic application. In coming up to this viewpoint, the question, " whether the tort rule in Rylands v. Fletcher is incorporated in the legal system of Sri Lanka " is a controversial issue and there is no judicial consensus in adopting this doctrine in introducing 'strict liability' for civil injuries. Therefore, the main objective of this research is to examine the " role of the judiciary " in introducing a tort doctrine to the legal system of Sri Lanka through the judicial interpretation.
Conference Presentations by Isankhya Udani
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Talks by Isankhya Udani
Papers by Isankhya Udani
Conference Presentations by Isankhya Udani