Added: Mara Loera - Date: 10.10.2021 19:33 - Views: 33836 - Clicks: 5938
A relationship that is forbidden unanimously by most societies in the world is the incestuous form of relationship. This type of relationship is considered taboo in almost every part of the world. There is nothing black and white in taboo so is the law around this tabooed topic. Incest is the sexual relationship between two people of the prohibited degree of kinship by means of consanguinity, affinity or any other means.
Incest in ancient times developed as a medium to protect the royal lineage of the persons from the same kinship, to avoid the dissemination of power amongst the non-royal clans. Soon it evolved to be a prohibited form of relationship as it led to multifaceted genetic disabilities amongst the offsprings. But, what is the status of such incest girls relationship?
Is it illegal? Will it lead to criminal action against such persons? All such questions shall be discussed in detail in the article. Sexuality in ancient India is often characterized as multi-faceted and sometimes contradictory. The Indian subcontinent is one of the oldest places where sexuality has been discussed extensively by means of books and other sources.
Nudity was accepted in many parts of Southern-India and to some extent in Northern-India as well, as depicted in Ajanta caves and some ancient sculptures. History of the Indian subcontinent is very complex to understand because of its diversity and complex civilization structures that demand a great deed of attention to its evolutionary aspect. People from such important geography have given a great deal of importance to sexuality, which is intrinsically incest girls to religion.
A lot of ancient text, arts, games and sculptures depict the importance that was associated with sexuality in ancient India. Kamasutra, an ancient text that delves into lovemaking, sexuality and romantic relationships is one of the oldest sex manuals that has ever been discovered, it explains in detail the positions to have sex.
Ananga-Ranga is another ificant sex manual that is male centred and talks about the pleasure zones and arousal points in detail. This is not just it, the oldest text that discussed sexuality in detail was from India. The famous and ancient texts of Hinduism, Jainism and Buddhism were the earliest sources of sexuality in India, discussing in detail about the moral aspects of sexuality, family, relationship and fertility prayers. The intention being to protect the royal lineage and the rest of the people were restricted to a monogamous relationship.
In most of the tropical regions people did not cover their upper body due to climatic reasons. The historical shreds of evidence also represent that the wealthier section of the society wore gold and other ornaments to cover their upper body and the rest of them survived with uncovered torso covering only the lower body. The ancient Indian art produced during the 10th and 12th century freely expressed the idea of sexuality and lovemaking.
Education here is used very loosely as our modern understanding of education is totally different. In the later part of the 16th century, various poets described the process of lovemaking and sex poetically, appealing to a great deal of audience. Such liberal ideology of the Indians started to evaporate at the advent of the colonial invasion of the sub-continent, where the western ideology of stigmatizing public depiction of sexuality started to spread.
During the revolt ofincest girls the victorian rules were infiltrated into the political domain of India, Indian liberalisation towards sexuality was frowned upon, ridiculed and considered to be inferior. Paradoxically this new outlook led to the promotion of education of women and puritanical attitude towards sexuality even within the marriage. An act becomes a crime when it is expressly declared to be a crime under the legislation, not just because of an act which is immoral or socially tabooed.
Incest is not a crime under any legislation as of now. There is no specific legislation or IPC provisions that expressly declares incestuous relationship to be a criminal activity but they might attract provisions of other incest girls offences like sodomy, rape etc. Therefore a person cannot be held criminally liable or punishable for involving in an incestuous relationship, despite it is socially unacceptable and frowned upon.
Hence, it is not an offence if two consenting adults get involved in an incestuous relationship. They do not offend any legal provision by doing so, but might offend the sentiments of the society at large. Also, some personal laws condemn the act of incest to a certain degree. An incident in Mumbai where a year old father raped both his daughters for more than nine years, shook the conscience of the whole country.
The perpetrator was charged only for rape under section of the IPC. The apathy of law in serious regimes like incest would infiltrate a silent message of acceptance of such act. Many cases go unreported.
However, to an extent, the statistics are fathomable with the study on child sexual abuse conducted by the Ministry of Women and Child Development MoWCD. The study reveals abhorrent figures of child sexual abuse, over 53 per-cent of the female children at least once become victims of child sexual abuse. Adding to the woes 50 per-cent of these victims are victimized by people whom the child could recognise.
This s also include incest. The perpetrators at most of the time are the uncle, brother, domestic help or any other person with whom the women develop a fiduciary relationship. In a study conducted by the Tata Institute of Social Science, it was revealed that one out of ten boys and one out of three girls are subject to child sexual abuse. More than 50 per-cent of this abuse occurs at home.
This study was conducted inIt is a nightmare to imagine the s that will come up had the study been done today. A Bangalore based NGO, Samvada, had conducted research on child sexual abuse amongst a pool of girls. More than 15 per-cent of the girls were used for masturbation purposes when they were under 10years of age, of which 75 per-cent of the perpetrators were their male family members.
Vidya Reddy founder of Tulir-CPHCSA Centre for Prevention and Healing of Child Sexual Abuse a Chennai based NGO says abusers are not shadowy and rugged-looking people who are pedophilic in nature but usually it is a person whom the child trusts and that person without any misgiving or reticence indulge in sexual activity with the child with whom the child shares a fiduciary relationship.
The marriage laws in India are governed by the personnel laws of their respective religion. The Hindu Marriage Act declares certain type of marriages void-ab-initio. These void marriages are not considered valid in the eyes of the law.
Section 5 of incest girls Hindu Marriage Incest girls specifies 6 conditions for a valid marriage violation of which may lead to the nullity of the marriage so constituted. Hindu Marriage Act declares incestuous marital relationship to be void under sec. This shall now be discussed in detail. Under section 5 iv of the Hindu Marriage Act, both the parties shall not be under the prohibitory form of relationship.
If such parties get married it will not be a valid form of marriage under the Act. The parties are in a prohibited degree of relationship if they are. Ex: If A and B are mother and son respectively. If A and B are grandfather and granddaughter respectively.
Ex: If A and B are mother-in-law and son-in-law respectively. If A and B are step-father and step-daughter respectively. Ex: If A and B are brother and sister respectively. If A and B are brother-in-law and sister-in-law respectively. Ex: If A and B are brother of grandfather and granddaughter respectively.
In this case, the court dealt with the issue of whether the spouses are within the prohibited degree of relationship or not. The appellant, in this case, initiated an appeal in the Jharkhand High Court to annul the marriage on grounds of the prohibited degree of relationship, but the court dismissed the appeal stating that there is no proof of the same that is adduced in the court.
Hence the appeal was dismissed. However, this section shall not have a super riding effect on the established customary practice of the community to which the spouses fall under. In this case, the petitioner filed for a petition to annul the marriage after 5 years of marriage on grounds of consent by fraud and prohibited degree of relationship.
The petitioner failed to show evidence of the prohibited degree of relationship and also the parties fall under the community of Aroras who have a custom of having a incest girls stance about prohibited degree between spouses. Many communities from south India practice consanguineous marriages. These communities, however, cannot marry within the same Gothra but they marry their 1st cousins. Another kind of practice that is very much prevalent is that marriage between uncle and niece.
This is not in violation of the Hindu law because it is a customary practice amongst the community. Under section 5 v of the Hindu Marriage Act, both the parties shall not be under the sapinda form of relationship. Sapinda form of relationship is with reference to five incest girls from the lineal ascent of the paternal side including the fifth generation and with reference to three-generation from the lineal ascent of the maternal side including the third generation. Usually, the line being traced upwards has to consider the person involved as the first generation. In this case, both parties have appealed against the order that was passed by a single judge bench of Bombay city civil court.
The husband appealed requesting the court to pass a decree of nullity on grounds of sapinda relationship. The wife had the onus of proving that there was a customary practice that rendered their sapinda relationship valid.
However, the court found the evidence adduced to be insufficient and passed a decree of nullity against the marriage. These denominations were caused due to the difference in the political ideology of the Islams. There are three types of Muslim marriage 1 Shahih 2 Fasid 3 Batil. Shahih is a valid form of marriage, Fasid is an irregular form of marriage and Batil is void marriage.
Shiya law does not recognise any difference between void and irregular marriage, but Sunni school incest girls both of them. However, their jurisprudence varies on all major aspects of Muslim personal law, such as marriage, inheritance, adoption etc. For the scope of this article only the marriage laws of both denominations are included. This type of prohibition on the parties is based on the blood relationship of the parties. If the parties to the marriage descend from the same ancestry or kinship it is a consanguineous relationship.
If it is a man then he is prohibited from marrying:. If it is a woman then he is prohibited from marrying:. There are various types of consanguinity but the very common ones prevalent amongst the Islamic community is being pictorially represented below.Incest girls
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Ramifications of Incest