India is growing day by day, in every field. But when it is about the marriage concept some families are still not growing and choose the path of marriage that is not actually legal. These types of illegal and forced marriages are definitely not acceptable so there are some laws against forced marriage in India to protect you. Stay tuned to know is forced marriage legal in India if is there a law against forced marriage, and what is the punishment for forced marriage.
So today in this write-up we will share informative material regarding forced marriages in India, what are the laws against forced marriages in India? when a marriage is called forced? what is the difference between arranged marriage and forced marriage? is there a law against forced marriage? And how do you file a case against a forced marriage? what is the punishment for forced marriage?
Reasons for Forced Marriages in India
Sometimes families push their children to get married by blackmailing them emotionally. In some cases, harassment, guilt, financial blackmailing, etc are the reasons behind forced marriages. We can see hundreds of forced marriages around us, even in our families. Many girls who want to build up their careers are actually pushed into the fire of married life at a very young age. But remember not girls are the only ones who are suffering from this most realistic problem but some boys too suffer and bowed into marriage life.
Types of Forced Marriage
There are many types of forced marriages in India especially. But the laws against forced marriage in India protect you to be a victim of the harsh, ruthless, and sometimes meaningless society. So let’s have a clear discussion that when a marriage is called forced, what are all aspects and laws against forced marriage in India?
When both the spouses are not ready to get married
It is not necessary that all the time victim is women, but sometimes men are also forced to get married. When both the parties are not ready to get married to each other but the families or other reasons still pushing them into the marriage then it will be a forced marriage. If you are too facing this type of situation then don’t worry there are some legal actions against forced marriage in India you can take against your accused.
When one of the spouses is not ready to get married
There may a case where one of the spouses is not ready to get married. Maybe the girl is not ready or maybe the boy is not ready but if their family or anything else is forcing him/her into the marriage then it will also consider a forced marriage. If you are the one who is suffering from such a situation then there are some legal actions against forced marriage in India you can take to save yourself.
When spouses are not aged enough to get married
In India, the right age to get married for both men and women is 21 years. According to the Indian constitution, it is illegal to marry women and men below the age of 21 years. And if the families are still forcing them then it is absolutely illegal and anyone in the favor of spouses including themself can take legal action with the help of the law against forced marriage. You can clearly say to marriage before you reach the right age to get married.
Laws Against Forced Marriage In India
If you are not at the right age to get married and some factors are pushing you into the marriage then there are some laws against forced marriage that will help you to escape from such a situation whether you are a girl or a boy. So let’s see what legal action you can take against forced marriage and what is the punishment for forced marriage.
- The Prohibition of Child Marriage Act, 2006 (PCMA)
- The Guardians and Wards Act, 1890 (G&WA)
- The Majority Act, 1875
- The Family Courts Act, 1984 (FCA)
- Protection of Women from Domestic Violence Act, 2005 (PWDVA).
These are some civil laws that protect you from forced marriage. These laws are applicable even if you belong to any community. Apart from this, there are some legal rights regarding marriage every Indian should know.
Your Rights Against Forced Marriage
Being an Indian citizen it is very vital to know all the rights and their benefits. So when it is about forced marriage you have also rights against forced marriage that are explained below.
- According to article 15 of the Indian Contract Act 1872, it is completely illegal to force a man or woman into marriage without their consent. It is a violation of Human rights.
- Article 16 helps you to get rid of forced marriages. According to article 16 – men and women have the same right to enter into marriage, and to choose their spouse freely, and consent is absolutely very necessary for both men and women before getting into marriage.
- Article 23 of the International Covenant on Civil and Political Rights 1966 (c): It is illegal to marry unless both husband and wife agree to the marriage. The consent of both is essential.
So are some laws against forced marriage in India but there are more legal actions against forced marriage in India you can take to prevent yourself.
Legal Action Against Forced Marriage In India
Both men and women have the right and freedom to choose their life partners. And if your own parents are forcing you into a relationship you are not ready for then you take Legal Action Against Forced Marriage In India which thoroughly is described below.
- Contact the Women Cell – If you are a woman then it would be a good option for you to protect yourself from an unwanted marriage. You can contact the women cell of the local police station in your area.
- File A Complaint For Domestic Violence – you can file a complaint for domestic violence against your family who are forcing you into a marriage without your consent. Because it is also a type of domestic violence, harassment, and abuse.
- Contact the National Commission for Women – you can also contact the National Commission for Women. Their website – http://ncw.nic.in/contact-us provides you with complete information and they operate across the whole nation.
- See A Lawyer – Hiring a lawyer can be a good option as a lawyer will guide you with full expertise in Indian laws and human rights.
Difference Between Arranged Marriage and Forced Marriage
The difference between arranged marriage and forced marriage is a major thing to understand for every people. Arranged marriage is a tradition in India, which is successfully practiced for years. Sometimes people misunderstand both these concepts so it is very necessary to be clear about the difference between arranged marriage and forced marriage. Every arranged marriage can not be considered a forced marriage. An arranged marriage is forced marriage only if both the spouses or one of the spouses are not ready for the marriage.
Final Words
According to the Indian constitution, the right age to get married is 21 years but even after this child marriage is one of the biggest problems in India. And remember after the age of 21 years still the consent of the intending spouses is very necessary.
If you have ever noticed that Islam also supports the consent part in the marriage. Before the marriage is done both bride and groom are asked freely and individuals that are they for this marriage.
Don’t forget you have so many legal actions against forced marriage in India and laws against forced marriage in India. So whether you are a girl or a boy never get into a marriage without your consent and know your all legal rights and understand your human rights.
Be clear when it is about the difference between arranged marriage and forced marriage. It is absolutely right that age is just a number, there is no such thing as the right age to get married, always listen to the voice inside you.
FAQs
Is forced marriage legal in India?
No, forced marriage is definitely not legal in India, it is a violation of human rights.
Is there a law against forced marriage?
Yes, there are multiple laws against forced marriage in India. That are explained in the write-up thoroughly.
What is the punishment for forced marriage?
If the accused is found guilty then he/she can face 10 years of imprisonment.
How do I file a case against a forced marriage?
You can file a complaint against a force in a local police station in your area.
