We all can agree that India is advancing on all fronts, but then you look at the issues like forced marriages and things like that. How does that make you feel? Not good, correct? But worry not though, there are sure some laws in place to fight against forced marriage in India, and today’s post is all about that. Let’s see what is the stance of the Indian legal system on this major issue.
In What Sense A Marriage Can Be Considered Forced?
A forced marriage is when one is made to get married without their agreement. This kind of marriage is not a free choice, it’s something one has been pushed to. In the case of forced marriages, one’s own decision or wish doesn’t count at all. Contrary to this, in an arranged marriage, the family may help in looking for a partner, but the final say of “yes” or “no” lies absolutely on the individual.
Some Specific Laws Against Forced Marriage In India
- Constitutional and International Provisions: The Indian Constitution provides that in any given situation, the freedom to choose a spouse by a person stands protected under Article 21. This right is also supported by major international agreements such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which India has signed.
- Penal Provisions: Under section 366 of the Indian Penal Code, forcing someone to marry has been criminalized. Whosoever compels or forces the other person for marriage to any person, they shall be punishable with rigorous imprisonment for a term extending up to ten years.
- Contractual Perspective: The Indian Contract Act, with an approach of contract, regards marriage to be of the nature of a contract. In case the marriage is forced, then the law allows it to be declared invalid or canceled by the person who was coerced.
- Protection of Women from Domestic Violence Act, 2005: This law was formulated for the very purpose of protecting a woman from such a forceful marriage. This act empowers a woman if she is being married forcefully even after refusal, to approach the court or police.
- Other Related Laws: Some other laws, like The Prohibition of Child Marriage Act, have a significant role in preventing child marriages and safeguarding any person from being forcefully married. Besides this, so many other laws too take care of safety against forced marriages.
What Is The Judiciary’s Stance In Combating Forced Marriage In India?
In India, courts have a crucial role in stopping forced marriages. They go in every situation where somebody may have been pushed into a marriage and declare such marriages invalid if indeed, they find that a person did not have a free choice. The courts act to make sure that the principle of free choice in marriage is followed.
Forced marriage is harmful to people and communities in the sense that it generates unhappiness, including a decrease in respect for each person’s choices and rights. Courts, therefore, do not allow such marriages to safeguard fairness and respect for personal freedoms.
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