Types of marriages that violate human rights Essay

Conclusion

Within the institution of marriage in India, several practices such as dowry and child marriage directly violates the guidelines set by the UDHR and CEDAW. Although India has passed laws banning the practice of child marriage and dowry, and increasing protection of women against violence, these practices continue to exist in alarming numbers (Sagade 2005 Raj, 2010 Jeyaseelan, 2015). The Indian government continues to overlook the ineffectiveness of the laws, citing cultural and religious reasons (Polisi, 2004 OHCHR, 2013). Although cultural relativism is needed within certain human rights discussion, there are some rights that cannot be compromised, particularly in regards towards gender equality.

Introduction

Marriage is a fundamental and important institution across the large majority of cultures and societies around the world. It determines peoples rights and obligations with regard to sexuality, gender roles, legitimacy of children, and relationships with inlaws (Edathumparambil 2014). Nearly all societies today practice marriage in some form. However, societies conduct marriage in various ways. In some societies, such as the United States, individuals have agency in deciding their partner and arranging his or her marriage. In other societies, such as India, parents and relatives of the individual are heavily involved in selecting a proper partner. The latter type is known as arranged marriages. Edathumparambil (2014) defines arranged marriages as a marriage that is fixed or arranged by parents or elders on behalf of and with or without the consent of the boy or the girl involved. Currently, arranged marriages account for over half of all marriages in the world.

Initial research shows that although arranged marriages can potentially lead to happier marriages (Bowman, 2013), certain practices that violate human rights still exist. These include child marriage, forced marriage, dowry related incidents, and discrimination, particularly towards women (Desai, 2010 Jeeyaseelan, 2015 OHCHR, 2013 Polisi, 2004 Raj, 2010 Sagade, 2005 Salunke, 2012 Sharma, 2013). Child marriage has been extensively researched to have negative social impacts on the life of a female child (Jaya, 2004 Raj, 2010). Forced marriage breaches article 16 of the UDHR, which states Marriage should be entered into only with the free and full consent of the intending spouses (United Nations, 1948). Gender discrimination within arranged marriages also violates rights enshrined in CEDAW. Upon criticism by international councils, the use of cultural and religious relativism has excused these human rights infringements (OHCHR, 2013 Polisi 2004). However, in midst of clear human rights violations occurring within the arranged marriage system in India, cultural relativism cannot be used as an argument in ethical discussions.

To accomplish this, an examination into the roots of arranged marriage will first present the social and religious context of the practice. Secondly, descriptions of womens roles in arranged marriages will exemplify its patriarchal influences. Thirdly, an analysis of how arranged marriages are actually practiced is examined, indicating several practices within the arranged marriage system that directly violate human rights, particularly of women. Finally, an examination of universalist and relativist approaches will determine its appropriateness in human rights discussion.