Why Do Indian Parents Force Marriage
Many families across India face pressure to marry their daughters off at a young age, regardless of whether or not she is ready. This sacrament is given special status in the name of religion, but it often results in many serious injuries that can destroy one’s peace and well-being. Most Indian parents see their daughter as nothing more than a responsibility they need to get rid of as soon as feasible by following these steps and marrying her. They ignore that this violates the daughter’s right to live with liberty and freedom.
Women in India endure a great deal of violence, both from outsiders and from within their own homes. Women are victims throughout their lives. Many issues are considered except for the major issue against women when they’re pressured to marry someone against their will. Marriage is the primary aim of Indian society; parents consider it their most important responsibility to see their daughter married off more than anything else.
Many family members believe that once the son gets his job, the daughter is educated, or even if they marry at a certain age, they should marry. Many Indian parents see their daughter as only an obligation to be gotten rid of as soon as possible through marriage. Many harbor the misconception that the more highly educated a girl is, the more affluent and wealthy her in-laws will be.
In India, when women reach a certain age, they are emotionally blackmailed or forced into marriage by their parents. Many women have aims and goals or want to pursue higher education, but their parents start forcing them to get married instead. As women are considered more emotionally sensitive, their family’s sentiments play a major role in getting them to consent to marriage without their will.
Forced marriage can have a variety of negative consequences for both the personal and marital lives of young females. Forcing women into marriage is a crime. Marriage has been recognized as a fundamental right by the court, with numerous rules regarding marriage. Thus far, in India, it has been given a special status; nevertheless, many individuals disregard the laws and pressure their daughter to marry against her will, which leads to forced marriage.
It is also important for parents to understand that their daughters are not “things” to be given away. Marriage should be between two people who love each other deciding on the rest of their lives together, not a business deal between families. If someone is being compelled into marriage against their will, it no longer represents a sacrament.
The forced marriage unit defines forced marriage as:
A forced marriage is where one or both people do not (or, in cases of people with learning disabilities, cannot) consent to the marriage and pressure or abuse is used. It is an appalling practice that uses violence against women and men to control them, domestic/child abuse and serious human rights abuse.
The pressure to marry can be physical (including threats, actual violence and sexual violence) or emotional and psychological (for example, when someone is made to believe they’re disgracing their family). Financial abuse (taking wages or not giving any money) can also be a factor.
Laws Regarding Marriage in India
In India, as marriage is regarded as critical to establishing a family, India being a religious nation thinks it essential to get married. Though the country’s founding document claims to be secular, the marriage rules for each religion are different. Marriage implies the joining of two individuals to form a family that is acceptable in society. Indian legislation, on the other hand, describes matrimony in its term. According However
a legal, consensual relationship between a man and woman is recognized and sanctioned by law and can only be ended by death or divorce.
In India, marriage is a legally binding contract between two parties that consolidates their possessions, income, and lives. The right to marry is enshrined in Article 21 of the Indian constitution, which guarantees the right to life for all citizens. This right has been recognized under the Universal Declaration of Human Rights (UDHR) 1948 in Article 16.
Marriage laws in India have been specifically defined in several acts that apply to people of diverse religions.
How does India’s judicial system handle forced marriages?
When one or both spouses are compelled to marry, this is a forced marriage. Even after the Indian government passed several progressive laws for women, women in India have always been deprived of their rights. In India, the rights of women remain vulnerable to misconceptions because the majority of people overlook women’s right to choice and consent when it comes to marriage.
The country’s patriarchal culture frequently clashes with the harsh social climate and local traditions. Indian parents consider their daughter a burden until she marries, so they do everything they can. As soon as she arrives, it would help if you got rid of her. Feasible. Many well-educated parents feel the same way. Unfortunately, many young women are forced by their families to marry early due to societal stigma. Coercion, guilt, financial pressure, emotional blackmail, and even physical force might be used to force these girls into marriage against their will.
A forced marriage is also prohibited by law, and it happens if the daughter is discovered or wishes to marry someone she likes who is not of her caste, class, or religion; even in a rapidly changing society, many Indian parents are unable to accept their children’s generation growth and want them to marry within their caste. If she wants to marry someone she loves and this violates her right to choose who she wants to marry, which is guaranteed under Article 21 of the Indian Constitution and protected by the Human Rights Charter in the sense of the right to start a family.
The ‘Hadiya Case,’ called the ‘love jihad’ case, refers to an incident where Hadiya’s parents challenged her right to marry by choice in the Kerala high court. The apex court overruled the decision of the Kerala high court and allowed Hadiya to continue her studies in a Salem college and live with her husband.
Women who want an education or a job often have to forego their wishes for their parents’ happiness, which violates their right to education and freedom as laid out in the Indian constitution. This all amounts to forcing her against her will, which violates her human rights. Certain rights are undeniable and guaranteed by birth. The 1993 Protection of Human Rights Act defines human rights as being related to the life, liberty, equality, and dignity of individuals. These human rights are further guaranteed by international covenants, which can be enforced in India’s courts. The right to live with dignity falls under human rights– meaning any form of harassment would go against an individual’s right to live comfortably without fear.
A forced marriage is a human rights violation and also gender violence. The Universal Declaration of Human Rights Article 16 states that marriages can only be entered into with the free consent of both spouses. The right to life and personal liberty under Indian constitution 21 states that no person shall be deprived of their life or Liberty, including the freedom to give autonomous consent in a marriage.
The law states that a marriage is only valid when both parties give their free consent to the marriage. If there is no free consent, then the marriage is treated as null and void. The judiciary also gives authority to women to file complaints against their own family or relatives or whoever is forcing them into marriage. Inducing women to compel her into marriage also attracts section 366 of the Indian Penal Code.
Using force against women can also be charged under section 350 of IPC. And in some cases, section 15 of the Indian Contract Act, 1872 may be applicable. If a woman is forced into marriage, it can create serious mental disturbances, resulting in her committing suicide and thus being charged with section 306 of IPC.
Forcing a woman is a violation of her fundamental rights as guaranteed under Article 14, 19, As well as the 21st amendment of the Indian Constitution, human rights provisions in Articles 1, 2, 3, 5 and 19 of the UDHR. It also violates Article 16 of the UDHR. In India, if someone’s right to marry by choice is violated by someone else’s actions or behavior, laws provide a legal remedy. It is up to the individual whether or not they wish to take legal action against another person who most often.
Some provisions against forced marriage given by the judiciary are as follows:
- According to the law, a marriage is only valid when both parties give free consent. Even if the woman is forced into marriage and does not give voluntary consent, she may seek the dissolution of her marriage after one year.
- A forced marriage is a fundamental violation of human rights and an act of gender violence.
- According to section 15 of the Indian Contract Act 1872, forced marriage also qualifies as coercion.
- The following are civil laws in India that apply to all communities in regards to The Prohibition of Child Marriage Act 2006 prohibits forced marriage. The Guardian and Wards Act. 1890, The Majority Act, 1875, The Family Courts Act, 1984.The Protection Women from Domestic Violence Act 2005.
- Perpetrators of Domestic Violence (section-3(A)) PWDVA
- Article 23 of the International Covenant on Civil and Political Rights 1966.
- Section 366 of the Indian Penal Code is one example.
Contact the local police station’s women’s cell.
- You can file a complaint with the women’s cell of your local police department if you have been forced into marriage. The complaint should include your personal information, as well as the name and contact information of the person who is forcing you to marry against your will, along with the date and place of the proposed marriage ceremony.
File a Domestic Violence case under the PWDW Act.
- You can bring a PWDVA, 2005 claim against your parents or any other family member to court. A magistrate would issue a temporary restraining order preventing your family member from forcing you to marry someone against your will.
Contact the National Commission for Women.
- If you believe your right to marry has been violated, you can file a complaint with the national commission for women.
Contact a lawyer immediately.
- If you’re facing obstacles to marrying the person of your choice in India, an experienced family lawyer can help by filing a complaint with the appropriate authorities.
District court or family court annulment suit
- In the case of a marriage, it is possible to annul it by a decision of nullity on the basis that the petitioner’s consent was obtained through deception or force within one year after the wedding.
- A family court is established to hear and resolve such disputes.
Even though we say that India is progressing, forced marriage still affects many people. Forced marriage is not only illegal and a violation of constitutional rights, but it also leaves victims with serious emotional and physical trauma. This can happen to anyone, regardless of social status or background. Women should feel safe in their homes, but this cannot happen when parents force them into marriages against their will.
The law system is complicated, and the power brokerage within it is difficult to understand. There are limited services from the government for women facing gender-based violence. However, the country does have an extensive NGO network, with many organizations working against violence toward women, some specifically working to prevent forced marriage.