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.
