In Ghana, a centuries-old legal concept known as “enticement” allows husbands to sue third parties who induce their wives to abandon marital duties.
This common law tort, incorporated into Ghanaian law through the Courts Act, 1993, raises questions about gender roles, marital power dynamics, and individual rights.
Enticement occurs when a third party persuades a spouse to withdraw their services from their partner.
To succeed in an enticement claim, the husband must prove the third party’s involvement in inducing his wife’s actions.
Section 54 of the Courts Act gives courts discretion to apply common law principles.
The case of Mate v Amanor (1973) highlights the challenges in proving enticement, as the court found that the wife’s withdrawal of services was not due to inducement or persuasion by a third party.
Critics argue that enticement laws reinforce patriarchal attitudes, treating wives as property. Others see it as protecting marital relationships.
As societal norms evolve, laws like enticement warrant reexamination to ensure alignment with modern values.
Should laws like enticement be reevaluated to reflect contemporary understandings of marriage and individual rights?
The discussion around enticement underscores the importance of refining legal principles to prioritize equality and individual autonomy.
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