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How does Indian law address cases of forced marriage?

How does Indian law address cases of forced marriage?

07-Nov-2024

Family

Answer By law4u team

In India, forced marriage is addressed through various legal provisions that aim to protect individuals from being compelled to marry against their will. Here are the key aspects of how Indian law tackles this issue: Prohibition of Child Marriage Act, 2006: This Act prohibits the marriage of individuals below the age of 18 for females and 21 for males. It aims to prevent forced marriages involving minors and provides for the annulment of such marriages. The Act allows for the punishment of those who perform, conduct, or direct the marriage of a child. The Special Marriage Act, 1954: This Act provides a legal framework for the registration of marriages irrespective of religion, allowing individuals to marry by mutual consent. It includes provisions for the annulment of marriages, particularly in cases where consent was obtained through coercion or fraud. The Indian Penal Code (IPC): Several sections of the IPC can be invoked to address forced marriage, such as: Section 366: Kidnapping, abducting or inducing woman to compel her marriage. This section punishes individuals who use coercion or deceit to force someone into marriage. Section 375: Defines rape and includes provisions regarding sexual assault within forced marriages. Protection of Women from Domestic Violence Act, 2005: This Act provides protection to women from domestic violence, which can include coercive or forced marriages. It allows women to seek protection orders and relief from the courts if they are subjected to violence in a forced marriage context. Indian Succession Act, 1925: This Act has provisions that deal with the rights of individuals in matters of inheritance and succession, which can be relevant in cases of forced marriage, particularly concerning the rights of women. Legal Recourse: Individuals subjected to forced marriages can seek legal recourse by filing petitions for annulment or divorce in family courts. They can also approach local authorities or the police to report coercion and seek protection under the law. Judicial Interpretations: Indian courts have recognized the importance of consent in marriage and have annulled marriages where one party was coerced into the union. The judiciary has emphasized that consent must be free and voluntary for a marriage to be valid. Awareness Campaigns: Various governmental and non-governmental organizations conduct awareness campaigns to educate individuals about their rights related to marriage and the legal provisions against forced marriages. Social Initiatives: Initiatives aimed at empowering women and promoting gender equality contribute to reducing the prevalence of forced marriages. These initiatives often include education, economic support, and legal aid. In summary, Indian law addresses cases of forced marriage through a combination of specific statutes, criminal provisions, and judicial interpretations that protect individuals from coercion in marriage. Legal recourse is available for victims, and efforts to promote awareness and social change are crucial in combating forced marriages.

Answer By Anik

Dear client, Forced marriage is not well pronounced in the Indian legal system, however, it is looked as an infringement on individual rights and few laws address this issue under criminal laws, constitution and civil laws. The forced marriages are more heavily prohibited under right to personal liberty and freedom of choice which falls under article 21 of Indian Constitution giving right to life and personal liberty. Here’s how Indian law addresses cases of forced marriage: 1. Provisions Under the Indian Penal Code (IPC): The IPC offers a guideline particularly on force, coercion and intimidation when present in a case hence the presence of forced marriage. For instance, The Indian Penal Code Section 366 states that ,kidnapping, abducting a woman for the purpose of having marriage relations with her or compelling her for illicit interchange is a punishable crime. This section is specially focus to cases where a person is taken to be forced to marry against her or his own will. 2. Prohibition of Child Marriage Act, 2006: Where such forced marriages involve children below the legal marriage age, this Act indirectly addresses the issue. This means that it governs any marriage that involves persons below the prescribed age of eighteen for the female and twenty one for the male as null and penal. This law enables a court to annul such marriages and gives the forced girl under the age of eighteen some form of protection against her legal guardians or family members. 3. Protection of Women from Domestic Violence Act, 2005 (PWDVA): This Act entitles women forced into marriage to sue for protection under the laws on protection from domestic violence. The PWDVA broadly defines domestic violence as not only physical, but also emotional and psychological abuse, and being forced to marry. For women it afford the opportunity to seek complain, protection orders, compensations as well as residence rights. 4. Habeas Corpus Petition: Where a person is detained against their will or forced into marriage, or anybody on their behalf, a habeas corpus is filed in the High Court or Supreme Court. This petition means that judges can release one if detained unlawfully and offers a legal way out of forced marriage cases. 5. Court Interventions and Judicial Precedents: Indian courts have thus been an important pillar to defend and protect privacy and freedom in marital affairs. The Supreme Court as well as the High Court judgments have particularly upheld the doctrine of the freedom to marry by choice drawn from the Constitution by asserting that coercion is a violation of constitutional rights. In the saying case Shafin Jahan v. In Asokan K.M. & Ors. (2018) it was the Supreme Court that emphasized on the choice of a partner as an aspect of the right to personal liberty. By way of these provisions, Indian law offers remedies to tackle forced marriages for both, the preventive and, the corrective, to safeguard the density of the individual. If you have any further queries please feel free to contact us . Thank you

Answer By Ayantika Mondal

Dear Client According to the laws of India, a marriage which is entered into by the use of force or coercion is considered voidable but not void per se. Such marriages remain in force till the marriage is declared void by a competent court, and hence the party affected has to approach the court within the prescribed time period. This depends on the circumstances in which the marriage is entered into and the personal law governing the parties to the marriage. According to the Special Marriage Act, 1954, the use of fraud or coercion in obtaining consent can lead to annulment of the marriage, provided certain conditions are fulfilled. Compelling marriage through force may also lead to committing a crime, e.g. kidnapping, abduction, wrongful confinement, threat or criminal intimidation to get married. In such a case, sections of Bharatiya Nyaya Sanhita, 2023 can apply, depending on the particular circumstances. In case the person is being compelled and feels threatened at once, his/her primary task is to protect his/her life and seek help from the police. The minor may also be entitled to special legal protection under laws related to child marriage. There is a need to distinguish between family pressure or emotional pressure from legally proved compulsion since the legal remedy depends on the kind of conduct. To contest a marriage, the person should keep all relevant messages, recordings, medical reports, etc., and seek legal advice according to the personal law for the marriage. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.