Forced Marriage: Married Against Your Will
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Written By: Pranati Palanivel
What is a Forced Marriage?
A forced marriage is when one or both parties are non-consensually married against their will or are married in the absence of their permission. A marriage is also considered forced if one or both parties are subsequently compelled to continue in the marriage against their will.
A primary cause for the occurrence of forced marriage is poverty. Amongst some families, marrying their daughter to a man of better socio-economic position, is both, a way of providing her with a higher standard of living and a method to secure a substantial sum of money or assets in exchange for dowry which is typically paid to the groom by the brides family (Forced Marriage, 2022).
What is the Global Prevalence of Forced Marriage?
In 2016, an estimated 15.4 million individuals were in forced marriages worldwide. Countries with the highest number of forced marriage cases in 2021 were:
- Pakistan 159 cases (47%)
- Bangladesh 32 cases (9%)
- Somalia 10 cases (3%)
- Kenya 8 cases (2%)
- Iraq 7 cases (2%)
- Romania 7 cases (2%)
- 88% of the victims were women and girls.
- 37% of the victims were under the age of 18 at the time of marriage.
- 44% of those married were under the age of 15 (Forced Marriage, 2018).
Are There Types of Forced Marriage?
1. Parents, Families and Communities:
The most prevalent form of forced marriage is when one or both individuals getting married, are coerced into matrimony by their parents or other family members. The immediate community frequently supports this form of forced marriage, making it harder for the couple to resist or flee the alliance.
2. Religious Leaders:
5. You can file a suit for annulment of marriage at a district or family court:
A forced marriage may be dissolved within 1 year by a declaration of nullity on the grounds that the petitioner's consent was gained by fraud or force. A family court is set up to govern such cases (Family Pressure of Marriage on Daughter and Indian Laws, n.d.).
Legal Service India - Law, Lawyers and Legal Resources.(n.d.). Family pressure of marriage on daughter and Indian laws. Retrieved October 3, 2022, from https://www.legalserviceindia.com/legal/article-3584-family-pressure-of-marriage-on-daughter-and-indian-laws-.html
Rights of Women: helping Women Through the Law. (n.d.). Forced marriage and the law. Retrieved October 3, 2022, from https://rightsofwomen.org.uk/get-information/family-law/forced-marriage-law/
1. Parents, Families and Communities:
The most prevalent form of forced marriage is when one or both individuals getting married, are coerced into matrimony by their parents or other family members. The immediate community frequently supports this form of forced marriage, making it harder for the couple to resist or flee the alliance.
2. Religious Leaders:
One or both the individuals who are involved in the alliance are coerced into getting married by religious leaders who are backed by their religious community.
3. Kidnapping for Forced Marriage:
Numerous global instances exist where men have kidnapped women and girls to serve them as first or second wives in polygamous marriages. Men have also been kidnapped for the purpose of being forcefully married. The practice of 'groom kidnapping' (where eligible bachelors are kidnapped by the bride's family and forcibly married) is practiced to obtain men with socio-educational and economic background for women.
4. Partners:
An abusive partner can also coerce their companion into a marriage by using or threatening to use violence against them (Types of Forced Marriage, 2012).
Which Genders have been Recognized as Being Disproportionately Affected by Forced Marriage?
Forced marriage disproportionately affects women and girls and is thus classified as a form of violence against women and girls (Forced Marriage and the Law, n.d.).
3. Kidnapping for Forced Marriage:
Numerous global instances exist where men have kidnapped women and girls to serve them as first or second wives in polygamous marriages. Men have also been kidnapped for the purpose of being forcefully married. The practice of 'groom kidnapping' (where eligible bachelors are kidnapped by the bride's family and forcibly married) is practiced to obtain men with socio-educational and economic background for women.
4. Partners:
An abusive partner can also coerce their companion into a marriage by using or threatening to use violence against them (Types of Forced Marriage, 2012).
Which Genders have been Recognized as Being Disproportionately Affected by Forced Marriage?
Forced marriage disproportionately affects women and girls and is thus classified as a form of violence against women and girls (Forced Marriage and the Law, n.d.).
Which Human Rights Are Being Violated When Someone is Forcefully Married?
A number of human rights violations occur for every instance of forced marriage. According to the Indian Constitution, forcing an individual to enter a marriage involves
- violating the persons fundamental right to equality under Article 14.
- violating the persons fundamental right to freedom of opinion and expression under Article 19.
- violating the persons fundamental right to protection of life and personal liberty21of the Indian constitution.
According to the Universal Declaration of Human Rights, forcing an individual to enter a marriage involves
- violating a persons right to equal rights for everyone without distinction of any kind under Article 2
- violating a persons right to life, liberty and security under Article 3
- violating the ban on torture under Article 5
- violating a persons right to equality under Article 11
- violating a persons right to equal rights of men and women of full age to marriage without any limitations under Article 16
- violating a persons right to freedom of speech and expression under Article 19 (Forced Marriage and the Law, n.d.).
Which Indian Laws Are Relevant to Forced Marriage?
- According to Indian law, a marriage is only legally recognized if both parties freely consent to it.
- If a woman is married under duress and without her free permission, she has one year to initiate an action for nullity of marriage.
- Forced marriage is a violation of human rights as well as a form of gender-based abuse.
- Forced marriage is also considered coercion under Section 15 of the Indian Contract Act of 1872.
- In India, the following civil rules apply to all communities regarding forcible marriage:
- The Prohibition of Child Marriage Act of 2006
- The Guardian and Wards Act of 1890
- The Majority Act of 1875
- The Family Courts Act
are all acts that prohibit child marriage (Family Pressure of Marriage on Daughter and Indian Laws, n.d.).
What Are the Legal Procedures Relevant to Forced Marriage?
1. You can contact the local police women's cell:
A complaint can be filed with the local police department's women's cell in the city where the complainant resides. A written complaint containing including location, date, and details about the individual forcing you to marry is noted.
2. You can submit a domestic violence report under the PWDW Act:
You can bring a domestic abuse lawsuit in court against your parents or any other family member under the PWDVA, 2005. The court would issue a temporary restraining order to prohibit your family member from forcing you to marry someone.
3. You can contact the National Commission for Women:
You can complain to the National Commission for Women about a violation of your right to marriage.
4. You can consult a lawyer:
If your right to marry by choice is rejected or ignored, you can engage an expert lawyer to submit a complaint with a proper and relevant body in India.
1. You can contact the local police women's cell:
A complaint can be filed with the local police department's women's cell in the city where the complainant resides. A written complaint containing including location, date, and details about the individual forcing you to marry is noted.
2. You can submit a domestic violence report under the PWDW Act:
You can bring a domestic abuse lawsuit in court against your parents or any other family member under the PWDVA, 2005. The court would issue a temporary restraining order to prohibit your family member from forcing you to marry someone.
3. You can contact the National Commission for Women:
You can complain to the National Commission for Women about a violation of your right to marriage.
4. You can consult a lawyer:
If your right to marry by choice is rejected or ignored, you can engage an expert lawyer to submit a complaint with a proper and relevant body in India.
5. You can file a suit for annulment of marriage at a district or family court:
A forced marriage may be dissolved within 1 year by a declaration of nullity on the grounds that the petitioner's consent was gained by fraud or force. A family court is set up to govern such cases (Family Pressure of Marriage on Daughter and Indian Laws, n.d.).
***
References
Asian Pacific Institute on Gender Based Violence Website. (2018)Forced marriage. Retrieved October 3, 2022, from https://www.api-gbv.org/about-gbv/types-of-gbv/forced-marriage/
Forced marriage project: Agincourt Community Services Association.(2012). Types of forced marriage. Retrieved October 3, 2022, from https://fmp.acsa.community/types-of-forced-marriage/
Rights of Women: helping Women Through the Law. (n.d.). Forced marriage and the law. Retrieved October 3, 2022, from https://rightsofwomen.org.uk/get-information/family-law/forced-marriage-law/
Wikimedia Foundation. (2022). Forced marriage. Wikipedia. Retrieved October 3, 2022, from https://en.wikipedia.org/wiki/Forced_marriage
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