What is forced marriage and its laws in India?

437 votes

What are Forced Marriages?

Marriage is considered a sacred and holy union across all religions in India, however even the present modern-day society is plagued by the menace of forced marriages. Women in our country are often pressurised into marriages against their will upon reaching a certain age and their consent is not considered necessary by their family members. It is important to discern the concept of forced marriage from the prevalent custom of arranged marriage in India. Forced marriages are characterised by the absolute lack of consent by either husband or wife or both to a marriage which is entered into by means of abuse, threats or pressure.
 

Laws dealing with Forced Marriage in India

In India the right to marriage is a legally binding form of contract and is even recognised as a fundamental right of every person under the umbrella of ‘right to life’ as envisaged under Article 21 of the constitution. Thus, forcibly being made to enter into a marriage is a clear violation of this fundamental right and the Indian legislature has put in place statutes and provisions to ensure this right isn’t breached and that there is sufficient recourse in law for the victims of forced marriages. This endeavour is further fortified by the fact that Article 23 of the International Covenant on Civil and Political Rights, 1996 also recognises the right of every person to marry of their choice and states that no marriage shall be entered into without the free and full consent of either spouse.

The Indian Penal Code, 1860 being the official criminal code of India, comprehensively covers all substantive facets of criminal law and expressly makes forced marriages a penal offence punishable under its provisions. Section 366 of the code visibly states that whoever kidnaps/abducts any woman with the intent that she may be compelled or knowing that she may be compelled to either get married or forced/seduced to have illicit intercourse shall be punished with imprisonment of up to 10 years and fine.

Since law recognises marriage as a contract, recourse is also available under the Indian Contract Act, 1872. Section 15 of the Indian Contract Act defines the term coercion, while Section 2 (i) relates to voidable contracts. Voidable contracts are those which are essentially only valid so long as the one of the parties or both do not decide to render it void due to an inherent defect such as being entered into through coercion and lack of free consent of one of the parties. Therefore, forced marriage is considered a voidable contract in law and a person forced into marriage has the right to render such marriage null and void at his/her option due to the lack of free consent and coercion.

In addition to the above recourse, the provisions of the Protection of Women from Domestic Violence Act, 2005 also deem forced marriages as a form of abuse punishable in law. Therefore, any woman forced into marriage against her will can initiate criminal proceedings against her husband and his family members in a court of law and approach the police authorities.

Further, legislations such as The Prohibition of Child Marriage Act, 2006, The Guardian and Wards Act, 1890, The Majority Act, 1875 along with The Family Courts Act, 1984 are also civil statues which come to the aid of victims of forced marriages. These statutes ensure a legal system which endeavours to enforce the rights of women forced into marriage and bring the perpetrators of this social evil to justice.  

LawRato LawRato

604 votes

In India forced marriages are illegal under Article 15 of the Indian Contract Act 1872 and also under the penal code. It is a violation of human rights. If you are a woman you can contact the nearest police station of your area.

Advocate Jitender Singh LawRato

932 votes

Any marriage against the Will or consent of the party is null and void. You can move to court for annulment of the same. However the ground and evidences needs to be discussed for your case. Please feel free to contact

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Advocate Bhawana Pandey LawRato

170 votes

Short Description The law prohibits and punishes forced marriage (Constitution article 19). According to Article 103 in the Family Code, each fiancé must freely consent to his or her engagement regardless of whether parental consent is required.

Advocate Chikirsha Mohanty LawRato