Forced marriages are a big issue in India, and we aren’t just talking about marriages where the parents force their kids to marry without their choice. There are actual instances still happening in India where the bride or groom is threatened to marry someone, can you even believe that? Well, there are a lot of news articles about that, you know, if you just want to give those a read. So, let’s have a look at some laws against forced marriages in India that give you the power to fight against this kind of situation.
What’s The Legal Framework in India Against Forced Marriages?
In India, Article 21 of the Constitution is the one specific law that gives an individual the right to life and personal liberty, that is to ensure the freedom to even choose a life partner. Forced marriage thus is an infringement of this basic right, get it? India also keeps to wide-ranging international demands like the Universal Declaration of Human Rights (UDHR), stating that marriage can only happen with the mutual and voluntary consent of both individuals involved.
About forced marriages in the country, the Indian Penal Code (IPC) is also the fundamental criminal statute of India, did you know that already? For example, Section 366 of the IPC punishes the kidnapping or abduction of a woman with the intent of forcing her into marriage or an unlawful relationship with a sentence of up to 10 years in prison, including a huge monetary fine. This provision is basically meant to be the protective sword of women against forced marriage.
Additionally, the first Indian Contract Act, 1872 touches on this matter too. How? Well, based on the Act, a marriage that has taken place under pressure is a “voidable contract,” whereby a person who is forced into it can invalidate it in a legal manner. On top of this, the Domestic Violence Act of 2005 recognizes forced marriage as a form of violence against women. As a result of this law, women who are forced to marry someone can file a complaint against their abusers, including their relatives, and in turn, request legal protection.
What To Do If Something Like This Happens To You?
If you have been forced into a marriage, you should know that you have the right to annul that marriage legally. In accordance with the law, an individual can initiate annulment proceedings within one year of their marriage. This process usually takes place in a family court, where the affected party has a chance to declare their consent as invalid and then ask for a divorce.
Though, for those who are in a really serious issue regarding this, there are various options available, including filing a complaint at the nearest police station or women’s assistance cell. You should provide information about the threats and coercion involved as well as the identities of the culprits involved. As a woman, you can rest assured that the police will take action because they have to.
