What legal protections exist against forced marriages?

In India, forced marriage is a serious violation of human rights, and there are several legal protections and remedies available to prevent and address forced marriages. These legal protections are designed to ensure that individuals are not coerced, threatened, or manipulated into marriage against their will. Below are some key legal protections and avenues available for victims of forced marriages:

1. Prohibition under Indian Law

Under Indian law, forced marriage is seen as a violation of individual freedom, consent, and personal autonomy. The Indian Penal Code (IPC) includes provisions that can be used to address crimes related to forced marriage, such as:

Indian Penal Code (IPC)

• Section 366 – Kidnapping, Abduction, or Inducing a Woman to Marry: This section penalizes the act of abducting or coercing a woman to marry against her will. If force or threats are involved in coercing a woman to marry, this can be used to file criminal charges.
• Section 375 – Rape: If a person is forced into a marriage and is sexually assaulted or raped, it can be charged under the provisions for rape (Section 375). If the consent was obtained under duress or threats, it can be treated as rape.
• Section 498A – Cruelty by Husband or Relatives: If a forced marriage leads to emotional or physical cruelty, this section can be invoked to seek legal remedy and protection.

2. Prevention of Child Marriage Act (2006)

Under the Prevention of Child Marriage Act, 2006, the legal age of marriage in India is 18 years for women and 21 years for men. Forced marriage of minors (under 18 for girls) is a criminal offense, and such marriages are considered void and illegal.

• Section 3 of the Act specifically makes child marriage illegal, and it provides the option for annulment if one of the parties is a minor.
• A complaint can be filed with the police if a forced child marriage is identified. It is a punishable offense to marry a minor, with penalties including imprisonment.

3. Protection of Women from Domestic Violence Act (2005)

The Protection of Women from Domestic Violence Act (PWDVA), 2005 provides a range of protections for women facing forced marriages that lead to domestic abuse. The Act allows a woman to seek protection orders, residence orders, and monetary relief from her abusive spouse or family members, even if she is forced into the marriage.

• The Act defines domestic violence broadly to include any form of physical, emotional, or economic abuse.
• Women can seek protection orders if they are forced into a marriage and are experiencing abuse.

4. Habeas Corpus Petition

If an individual is forcibly married and kept against their will, they or their family members can file a habeas corpus petition in the High Court or District Court. This petition demands that the authorities produce the individual before the court to determine whether they are being detained or coerced into marriage.

• The court may order the police to investigate and ensure the individual is free from coercion, and the marriage is legally valid.

5. Legal Aid and Counseling

Victims of forced marriage can seek assistance through legal aid services available across India. The National Legal Services Authority (NALSA) provides free legal assistance, and victims can approach these services to file a case against the perpetrators.

• Counseling services can also help victims of forced marriages to understand their rights and options. This includes options for annulment or separation from a forced marriage.

6. Protection under the Special Marriage Act (1954)

The Special Marriage Act (SMA) provides an additional safeguard against forced marriages by requiring a 30-day notice period before the marriage is solemnized. During this period, anyone (such as a family member or friend) can object if the marriage is being forced. This allows individuals a window of time to challenge the marriage before it is legally recognized.

• The Act applies to inter-religious and civil marriages, and the notice period ensures that marriages are not conducted under duress.

7. Criminal Prosecution for Threats and Coercion

Victims of forced marriages can file criminal charges for coercion and threats under various sections of the IPC, such as:

• Section 503 – Criminal Intimidation: If threats are used to force an individual into marriage, criminal charges can be filed under this section.
• Section 506 – Criminal Intimidation (Punishment): This provides for penalties for criminal intimidation, including the threat of marriage.

8. Role of NGOs and Social Organizations

Several non-governmental organizations (NGOs) and social organizations in India work to raise awareness about forced marriages and offer legal and social support to victims. They provide counseling, shelter, and help in navigating the legal system to ensure the victim's rights are protected.

Example:

A woman is coerced by her parents into a marriage with someone she does not want to marry. She is threatened with social exclusion if she refuses. She can file a complaint under Section 366 of the IPC for abduction or coercion. If the marriage is a child marriage (she is under 18), it is illegal under the Prevention of Child Marriage Act, and she can seek annulment. She can also apply for protection under the Protection of Women from Domestic Violence Act if the marriage involves abuse.

Conclusion:

In India, there are various legal protections against forced marriages, including criminal provisions under the IPC, the Prevention of Child Marriage Act, and the Protection of Women from Domestic Violence Act. Victims of forced marriages can seek justice through the police, courts, and legal aid services. Additionally, court orders, habeas corpus petitions, and protections under the Special Marriage Act can be utilized to prevent or dissolve a forced marriage. Legal reforms and proactive intervention from law enforcement, family members, and NGOs play a critical role in addressing this issue and protecting individuals from forced marriages.