ABSTRACT
Proportionality Analysis (PA) is a multi-step method of equitably resolving a conflict between two rights or between a right and a public good. The first characteristic is the presence of discretionary doctrines involving the scope of the right to equality in both jurisdictions. In both Canada and South Africa, the apex courts have developed preliminary doctrinal tests conducted at the Prima Facie Stage of PA that go beyond the query of whether or not a distinction based on gender has been drawn which burdens one gender more than another. Among the many recommendations contained in the Verma Commission Report was one for the removal of the "exception for marital rape". The more challenging question is whether PA should be adopted for the adjudication of all alleged violations of the right to equality before the law and the equal protection of the laws as guaranteed to all persons in India under Article 14 of the Indian Constitution.
