LAW LLB - FAMILY LAW Essay Example | Topics and Well Written Essays - 3500 words

LAW LLB - FAMILY LAW - Essay Example KH, 2005). This is the universal and perhaps most comprehensive characterization of marriage. Among the most controversial aspects of this is the element of consent. This is encapsulated in the concept of contract. In a contract consent that is not tainted by force or coercion is essential to its validity. Consequently it is also a major of controversy for marriage. This is compounded by the fact that marriages as a social phenomena are diverse and multi faceted. The forces governing present society in the present have imposed significant challenges upon marriage. These adverse forces have given rise to a wide array of problems. Government today struggle tot to protect and uphold family and marriages by finding means to deal with the various problems that undermine them. This also challenges the state to uphold society’s many concepts of marriage while also containing negative elements attributed to it. Furthermore it has to strike the balance between its power to regulate soc iety, society’s right to culture and the welfare of its citizens. This is not a mundane task given the complexity involved and the magnitude of the harms involved society today. Among the malign realities faced by society today are â€Å"forced marriages.† This kind of marriage â€Å"is a marriage conducted without the valid consent of both parties, where duress is a factor. Duress can range from emotional pressure from family members, to threatening behaviour, abduction or imprisonment, and physical violence† (National Society for the Prevention of Cruelty to Children, 2008). In Great Britain alone the â€Å"Government’s Forced Marriage Unit, which handles approximately 5,000 enquiries and 300 cases per year concerning young British nationals at risk of being forced into marriage overseas, believes that forced marriage is another issue that remains vastly under-reported† (House of Commons Home Affairs Committee, 2008). This fact only establishes f urther the gravity of this problem. Not only that but this also significant prove that consent is a highly disputed aspect of marriage. Marriage in the Asian and Islamic cultures is heavily influenced by deeply rooted and long standing traditions. Religion and cultural values are integrated to form the notion of marriage. More importantly these form part of the norms of society. This has entrenched them and ensured their survival to the modern times. Among this practise is forced marriage. Given this socio – historical context forced marriages are not an issue for certain communities and have even proliferated (Muslim Arbitrational Tribunal, n.d.). This provides the socio – cultural roots of forced marriage. Forced marriage proliferates under in certain sectors of society whose cultural beliefs and practices provide the basis for it. It is also in these segments of the community that these are commonly practiced. In these conditions the concept of choice and is subserv ient to the values an traditions of a certain culture. â€Å"The motivations for forced marriages are complex and care must be taken to avoid over-generalisations. However, they do seem to fall broadly into three categories and the category that is perhaps the most common is where young men and women are found to be involved in a liaison which their families disapprove of. Irrespective of