Forced Marriages in India: Legal Safeguards and Enforcement Issues 

“Yatra naryastu pujyante, ramante tatra svatantryam”  

(“Where women are honored, there freedom flourishes.”)  

Introduction  

Forced marriages, a pervasive violation of human rights, continue to plague Indian society  despite significant legal advancements. Defined as unions, where one or both parties are coerced  without free and full consent, forced marriages often intersect with child marriages, honor-based  violence, and gender inequality. In India, these practices are deeply rooted in cultural, economic,  and patriarchal norms, affecting millions, particularly girls from marginalized communities.  According to UNICEF’s 2021 report, India remains home to the largest number of child brides  globally, with an estimated 650 million women and girls worldwide who were child brides, a  significant portion from India [1]. Although child marriage rates have halved since the  introduction of prohibitive laws, every minute, three girls are forced into such unions, translating  to over 4,400 cases daily, though official registrations remain alarmingly low.  

The prevalence of forced marriages is stark: The National Family Health Survey (NFHS-5)  indicates that 22.3% of women aged 20-24 were married before 18 in 2021, down from 49.4%  in 1993, yet progress has stalled in recent years. One in five underage girls and one in six boys  face this fate, exacerbating cycles of poverty, domestic violence, and health risks like early  pregnancies. [2] 

Forced marriages violate fundamental rights under the Indian Constitution, including Article 21  (right to life and liberty) and Article 14 (equality), and international commitments like the  Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).  

Enforcement remains a critical bottleneck, with cultural acceptance, underreporting, and  systemic gaps hindering progress. As of 2025, government initiatives like the Bal Vivah Mukt  Bharat campaign aim to eradicate child marriage, but challenges persist amid socioeconomic  disparities. This article delves into the historical context, legal safeguards, enforcement issues,  recent cases, and pathways forward, highlighting the urgent need for holistic reforms to protect  vulnerable individuals.  

Historical Context  

Forced marriages in India trace back to ancient duties affected by caste, cult, and feudal orders.  Historically, child betrothals were common to secure agreements, continue child honor, or check  dowry burdens. Texts like the Manusmriti signed early marriages for adolescents, believing 

ruling class as property transfers. Colonial-stage regulations, to a degree the Child Marriage  Restraint Act (CMRA) of 1929, apparent the first legislative interference, background minimum  ages at 14 for girls and 18 for boys, later improved to 15 and 18 respectively in 1949. This act,  inspired by social reformers like Raja Ram Mohan Roy, proposed to curb practices even to  widowhood shame and patriarchal control. 

Post-Independence, The Hindu Marriage Act of 1955 and The Special Marriage Act of 1954  stressed consent, but enforcement was slack amid educational opposition. The 1970s saw rising  awareness through women’s movements, leading to the Prohibition of Child Marriage Act  (PCMA) in 2006, replacing the CMRA and raising the bar for protection. Yet, forced marriages  persisted, frequently disguised as arranged ones, specifically in rural areas where 27% of girls  marry before 18 compared to 14% in urban areas. 

The COVID-19 pandemic infuriates the issue, accompanying economic misfortune chief to a  surge in minor marriages; an estimated 1.5 million underage young people marry annually,  spiking during lockdowns. Regional variations highlight disparities: states like Bihar and West  Bengal report higher rates (approx. 40%), driven by poverty and migration. Modern slavery  estimates suggest 11 million in forced labor of marriage in India, underscoring the intersection  with trafficking. As India Urbanizes, forced marriages evolve, incorporating overseas elements  where NRIs coerce relatives, complicating jurisdiction. 

Legal Framework Against Forced Marriages 

1.Constitutional and Statutory Protections: 

India’s legal arsenal against forced marriages is robust on paper, anchored in constitutional  and statutory provisions. Article 21 guarantees the right to life and liberty, including the  freedom to choose one’s spouse [3]. The Supreme Court has reinforced this in landmark  rulings, such as Lata Singh v. State of U.P. (2006) [4] which protected inter caste marriages  from familial coercion. 

• Indian Contract Act 1872: Defines coercion under Section 15 of the Indian Contract  Act 1872, rendering forced marriages voidable contracts due to lack of free consent.[5]

Key Statutes include: 

• The Prohibition of Child Marriage Act (PCMA) 2006 defines child marriage as any  union where the girl is under 18 or the boy under 21, making it punishable with up to two  years imprisonment and fines. Such marriages are voidable at the option of the underage  party within two years of attaining majority, but not automatically void, allowing them to  persist unless challenged. It also declares child marriage to be void in certain  circumstances: 

Section 12: Where a child, being a minor 

(a) is taken or enticed out of the keeping of the lawful guardian; or

(b) by force compelled, or by any deceitful means induced to go from any place; or 

(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor  is married after which the minor is sold or trafficked or used for immoral purposes, such  marriage shall be null and void.[6] 

• Bharatiya Nyaya Sanhita (BNS): 

Replacing the Indian Penal Code (IPC), Section 87 criminalizes kidnapping or abduction for  compelled marriage, with penalties up to 10 years of imprisonment. Section 63 defines rape to  include non-consensual acts, even in marriage, if the wife is under 18, though the marital rape  exception for adults remains controversial. [7] 

• The Protection of Women from Domestic Violence Act (PWDVA) 2005 This act provides civil remedies like protection orders against coercive family pressure,  residence orders, and monetary relief, addressing abuse stemming from forced  marriages.[8]

Religion-specific laws vary: 

• The Hindu Marriage Act requires free consent, while 
• Muslim personal law allows guardians to arrange marriages, though consent is  theoretically needed. 
• The Special Marriage Act enables interfaith unions without coercion. 

These laws collectively aim to protect individual autonomy and penalize coercion, but their  application varies across contexts. 

A bill to raise the female marriage age to 21 was introduced in 2021 to promote gender parity,  but as of 2025, it remains pending, and debates continue its impact on autonomy. 

The Supreme Court has been pivotal: In Shakti Vahini vs. Union of India (2018) [9], it ruled honor  killings and forced marriages unconstitutional, mandating state protection for inter-caste couples. 

The National Commission for Protection of Child Rights (NCPCR) monitors implementation,  while the National Legal Services Authority (NALSA) offers aid. Internationally, India aligns  with SDG 5.3 to end child marriage by 2030, though without ratifying all protocols. State-level  differences persist, with Tamil Nadu’s robust enforcement standing out compared to weaker  efforts in northern states. 

2. Criminal and Civil Remedies 

Victims of forced marriages can pursue criminal and civil remedies. Criminally, Section 87 of  BNS addresses kidnapping or abduction to compel marriage, with penalties up to 10 years  imprisonment. If sexual assault occurs within a forced marriage, especially involving minors, the  Protection of Children from Sexual Offences Act (POCSO),2012[10], imposes stringent penalties, 

including life imprisonment for rape of a minor under 18. Civil remedies include annulment  under the Hindu Marriage Act, 1955 (Section 12) or Special Marriage Act,1954, if consent was  obtained through coercion or fraud. Victims must file for annulment within one year of the  marriage, supported by evidence of duress. 

Habeas Corpus petitions can be filed in High Courts to secure the release of individuals detained  for forced marriages. For example, in a 2025 case, a 16-year-old girl in Bihar received Supreme  Court-ordered police protection after escaping a forced marriage. Additionally, the PWDVA  allows victims to seek protection orders to prevent contact with abusers, ensuring immediate  safety. 

Safeguards and Protections 

Legal safeguards extend beyond statutes to institutional mechanisms. Child Marriage Prohibition  Officers (CMPOs), appointed under PCMA, are empowered to prevent unions, rescue victims,  and prosecute offenders. Helplines like Childline (1098) and Women Helpline (181) provide  immediate support, with over 10,000 interventions annually. 

NGOs like Girls Not Brides and UNICEF collaborate on awareness, empowering adolescents  through education and life skills programs. The Bal Vivah Mukt Bharat portal tracks cases,  enabling community reporting. For overseas Indians, the Ministry of External Affairs advises  against forced unions, offering consular aid. 

Economic schemes like Sukanya Samriddhi Yojana incentivize delaying marriages, while  education policies under RTE Act reduce dropout rates linked to early unions. In 2025, digital  tools like apps for reporting enhance accessibility, though rural penetration is limited. 

Enforcement Challenges 

Despite safeguards, enforcement falters due to multifaceted challenges. Key challenges include: 

• Societal and Cultural barriers: Patriarchal norms and family pressures often deter victims  reporting; NCRB data shows only 3,863 cases from 2018-2022, against estimates of 1.6  million annually, as families view marriages as private [11]. Cultural norms in  communities like Rajasthan perpetuate practices, with khap panchayats overriding laws. The voidable nature of marriages allows continuation, with victims facing stigma in  seeking annulment. 
• Police and Judicial Insufficiencies: Gender bias and corruption within the law  enforcement can result in inadequate responses. Police may treat forced marriages as a  private family matter, pushing for mediation rather than legal action. 
• Rural-Urban Disparities: Enforcement is weaker in rural areas due to limited access to  legal aid, courts or Child Marriage Prevention Officers. Poverty drives 70% of cases,  with debt bondage forcing unions.
• Resource gaps plague CMPOs, many overburdened without training. Interstate  coordination fails in migrant cases. The pandemic highlighted vulnerabilities, with hidden  ceremonies rising. Legal loopholes, like non-criminalization of adult forced marriages  without abduction, weaken deterrence. In 2025, stalled progress in states like Bihar  underscores uneven implementation. 

Case Studies 

To illustrate the practical application of India’s legal framework against forced marriages,  including child marriages as a subset, below are selected case studies drawn from judicial  precedents, reports, and the recent incidents. These examples highlight the use (or failure) of  safeguards like PCMA,2006; The Special Marriage Act,1954; and constitutional rights under  Article 21. They also underscore enforcement challenges such as societal pressures, judicial  inconsistencies, police reluctance, and resource gaps. 

Case study 1: Independent thought v. Union of India (2017) 

This landmark Supreme Court case challenged the exception under Section 375 of the Indian  Penal Code (now under Bharatiya Nyaya Sanhita), which previously decriminalized marital rape  if the wife was over 15 years old, even in child marriages The petitioner, an NGO, argued that  this violated girls’ rights in forced child marriages, where consent is inherently absent. 

• Legal Safeguards Applied: The Court invoked PCMA’s provisions making child  marriages voidable (Section 3) and emphasized primacy over personal laws. It aligned  with international obligations like the Convention on the Rights of the Child (CRC),  ruling that sex in child marriages constitutes rape, thus activating protections under the  POCSO Act, 2012. 
• Enforcement Issues: The case exposed gaps in harmonizing laws-e.g., PCMA’s voidable  status allowed marriages to persist, and low awareness among victims hindered petitions  for annulment. Judicial delays and lack of proactive state monitoring were noted, with  only sporadic enforcement by CMPOs. 
• Outcome: The exception was struck down, criminalizing marital rape in child marriages.  However, implementation remains uneven, with low conviction rates (e.g., only 40  nationwide in 2012 despite high prevalence This spurred calls for dedicated CMPOs and  better training, but a 2021 follow-up report showed persistent under-reporting.[12]

Case Study 2: Interfaith Coercion and Forced Conversion (e.g., Arti Kumari Case,  Begusarai, 2025) 

Arti Kumari (now Arifa Parveen) was lured via Facebook, coerced into nikah, and subjected to  abuse, including forced beef consumption and religious rituals She filed a complaint after  escaping.

Legal Safeguards Applied: Special Marriage Act mandates a 30-day notice for consent  verification in interfaith unions; PWDVA provided protection orders. Supreme Court rulings like  Shafin Jahan v. Asokan (2018) affirm choice under Article 21, with POCSO applicable if  underage. 

Enforcement Issues: Initial police reluctance to register FIRs, attempts to mediate back to the  abuser, and rural isolation delayed action. Cultural biases and fear of stigma deter victims;  activists faced barriers in assisting. 

Outcome: After NGO intervention and SP coordination, an FIR was lodged, and Arti was  sheltered. However, such cases often see leaks or threats, with uneven use of safeguards like  CMPOs.[13] 

These case studies demonstrate that while safeguards exist, enforcement lags due to cultural  norms, resource shortages, and inconsistencies. Reforms like the pending PCMA Amendment  Bill (2021) aim to address this but sustained multi-stakeholder action is needed. 

Recent Developments and Recommendations 

In 2024-2025, child marriages halved nationally due to PCMA, with states like Tamil Nadu  leading. The pending amendment bill could equalize ages, but activists warn of criminalizing  consensual unions. Human Rights Watch notes ongoing violations amid political shifts. 

Recommendations include making child marriages void ab initio, enhancing CMPO training, and  integrating gender education in schools. Community-led initiatives, digital surveillance, and  international aid can bolster efforts. Differentiated responses for self-arranged vs. forced unions  are crucial. 

Conclusion 

India’s legal framework against forced marriages is robust, offering constitutional, criminal, and  civil remedies to protect individual autonomy. Statutes like the PCMA, BNS, and PWDVA,  supported by Supreme Court rulings, affirm the right to consensual marriage. However,  enforcement challenges—societal pressures, police inefficiencies, and rural-urban disparities— hinder effective implementation. Recent cases and data, such as the 2025 Bihar case and recent  report findings, underscore the urgency of addressing these gaps. Strengthening enforcement,  expanding legal aid, and raising awareness are critical to empowering victims and curbing forced  marriages. As India navigates its cultural complexities, a unified approach involving law  enforcement, judiciary, NGOs, and communities is essential to uphold the fundamental right to  choose one’s partner. By bridging the gap between law and practice, India can move closer to  eliminating forced marriages, ensuring justice and dignity for all.

Endnotes 

[1] United Nations Children’s Fund, Towards Ending Child Marriage: Global trends and profiles  of progress, UNICEF, New York, 2021. 

[2] International Institute for Population Sciences (IIPS) and ICF. 2021. National Family Health  Survey (NFHS-5), 2019-21. 

[3] The Constitution of India art.21. 

[4] Lata Singh vs State of U.P. & Another, 2006. 

[5] Section 15 of the Indian Contract Act, 1872. 

[6] The Prohibition of Child Marriage Act (PCMA) 2006. 

[7] Bharatiya Nyaya Sanhita, 2023, No. 45 of 2023. 

[8] The Protection of Women from Domestic Violence Act (PWDVA) 2005. [9] Shakti Vahini vs. Union of India (2018) MANU/SC/0291/2018. 

[10] The Protection of Children from Sexual Offences Act (POCSO),2012. [11] NCRB, 2021. Crime in India. 

[12] Independent Thought vs Union of India 11 October 2017. 

[13] Arti Kumari vs The State of Bihar 4 April 2025.

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