{"id":5380,"date":"2025-08-16T23:59:16","date_gmt":"2025-08-16T18:29:16","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5380"},"modified":"2025-08-17T00:02:25","modified_gmt":"2025-08-16T18:32:25","slug":"forced-marriages-in-india-legal-safeguards-and-enforcement-issues","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/08\/16\/forced-marriages-in-india-legal-safeguards-and-enforcement-issues\/","title":{"rendered":"Forced Marriages in India: Legal Safeguards and Enforcement Issues\u00a0"},"content":{"rendered":"\t\t
\n\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\n

Author: Pragati Mishra, a law student at\u00a0Mumbai University.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

“Yatra naryastu pujyante, ramante tatra svatantryam”\u00a0\u00a0<\/span><\/em><\/p>\n

(“Where women are honored, there freedom flourishes.”)\u00a0\u00a0<\/span><\/p>\n

Introduction\u00a0\u00a0<\/b><\/p>\n

Forced marriages, a pervasive violation of human rights, continue to plague Indian society\u00a0 despite significant legal advancements. Defined as unions, where one or both parties are coerced\u00a0 without free and full consent, forced marriages often intersect with child marriages, honor-based\u00a0 violence, and gender inequality. In India, these practices are deeply rooted in cultural, economic,\u00a0 and patriarchal norms, affecting millions, particularly girls from marginalized communities.\u00a0 According to UNICEF\u2019s 2021 report, India remains home to the largest number of child brides\u00a0 globally, with an estimated 650 million women and girls worldwide who were child brides, a\u00a0 significant portion from India <\/span>[1]<\/span>. Although child marriage rates have halved since the\u00a0 introduction of prohibitive laws, every minute, three girls are forced into such unions, translating\u00a0 to over 4,400 cases daily, though official registrations remain alarmingly low.\u00a0\u00a0<\/span><\/p>\n

The prevalence of forced marriages is stark: The National Family Health Survey (NFHS-5)\u00a0 indicates that 22.3% of women aged 20-24 were married before 18 in 2021, down from 49.4%\u00a0 in 1993, yet progress has stalled in recent years. One in five underage girls and one in six boys\u00a0 face this fate, exacerbating cycles of poverty, domestic violence, and health risks like early\u00a0 pregnancies. <\/span>[2]<\/span>\u00a0<\/span><\/p>\n

Forced marriages violate fundamental rights under the Indian Constitution, including Article 21\u00a0 (right to life and liberty) and Article 14 (equality), and international commitments like the\u00a0 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).\u00a0\u00a0<\/span><\/p>\n

Enforcement remains a critical bottleneck, with cultural acceptance, underreporting, and\u00a0 systemic gaps hindering progress. As of 2025, government initiatives like the Bal Vivah Mukt\u00a0 Bharat campaign aim to eradicate child marriage, but challenges persist amid socioeconomic\u00a0 disparities. This article delves into the historical context, legal safeguards, enforcement issues,\u00a0 recent cases, and pathways forward, highlighting the urgent need for holistic reforms to protect\u00a0 vulnerable individuals.\u00a0\u00a0<\/span><\/p>\n

Historical Context\u00a0\u00a0<\/b><\/p>\n

Forced marriages in India trace back to ancient duties affected by caste, cult, and feudal orders.\u00a0 Historically, child betrothals were common to secure agreements, continue child honor, or check\u00a0 dowry burdens. Texts like the Manusmriti signed early marriages for adolescents, believing\u00a0<\/span><\/p>\n

ruling class as property transfers. Colonial-stage regulations, to a degree the Child Marriage\u00a0 Restraint Act (CMRA) of 1929, apparent the first legislative interference, background minimum\u00a0 ages at 14 for girls and 18 for boys, later improved to 15 and 18 respectively in 1949. This act,\u00a0 inspired by social reformers like Raja Ram Mohan Roy, proposed to curb practices even to\u00a0 widowhood shame and patriarchal control.\u00a0<\/span><\/p>\n

Post-Independence, The Hindu Marriage Act of 1955 and The Special Marriage Act of 1954\u00a0 stressed consent, but enforcement was slack amid educational opposition. The 1970s saw rising\u00a0 awareness through women’s movements, leading to the Prohibition of Child Marriage Act\u00a0 (PCMA) in 2006, replacing the CMRA and raising the bar for protection. Yet, forced marriages\u00a0 persisted, frequently disguised as arranged ones, specifically in rural areas where 27% of girls\u00a0 marry before 18 compared to 14% in urban areas.\u00a0<\/span><\/p>\n

The COVID-19 pandemic infuriates the issue, accompanying economic misfortune chief to a\u00a0 surge in minor marriages; an estimated 1.5 million underage young people marry annually,\u00a0 spiking during lockdowns. Regional variations highlight disparities: states like Bihar and West\u00a0 Bengal report higher rates (approx. 40%), driven by poverty and migration. Modern slavery\u00a0 estimates suggest 11 million in forced labor of marriage in India, underscoring the intersection\u00a0 with trafficking. As India Urbanizes, forced marriages evolve, incorporating overseas elements\u00a0 where NRIs coerce relatives, complicating jurisdiction.\u00a0<\/span><\/p>\n

Legal Framework Against Forced Marriages\u00a0<\/b><\/p>\n

1.Constitutional and Statutory Protections:\u00a0<\/b><\/p>\n

India’s legal arsenal against forced marriages is robust on paper, anchored in constitutional\u00a0 and statutory provisions. Article 21 guarantees the right to life and liberty, including the\u00a0 freedom to choose one\u2019s spouse <\/span>[3]<\/span>. The Supreme Court has reinforced this in landmark\u00a0 rulings, such as <\/span>Lata Singh v. State of U.P. <\/span><\/i>(2006) <\/span>[4] <\/span>which protected inter caste marriages\u00a0 from familial coercion.\u00a0<\/span><\/p>\n

    \n
  • Indian Contract Act 1872: <\/b>Defines coercion under Section 15 of the Indian Contract\u00a0 Act 1872, rendering forced marriages voidable contracts due to lack of free consent.<\/span>[5]<\/span><\/li>\n<\/ul>\n

    Key Statutes include:\u00a0<\/span><\/p>\n

      \n
    • The Prohibition of Child Marriage Act (PCMA) 2006 <\/b>defines child marriage as any\u00a0 union where the girl is under 18 or the boy under 21, making it punishable with up to two\u00a0 years imprisonment and fines. Such marriages are voidable at the option of the underage\u00a0 party within two years of attaining majority, but not automatically void, allowing them to\u00a0 persist unless challenged. It also declares child marriage to be void in certain\u00a0 circumstances:\u00a0<\/span><\/li>\n<\/ul>\n

      Section 12: Where a child, being a minor\u00a0<\/span><\/p>\n

      (a) <\/span>is taken or enticed out of the keeping of the lawful guardian; or<\/span><\/p>\n

      (b) <\/span>by force compelled, or by any deceitful means induced to go from any place; or\u00a0<\/span><\/p>\n

      (c) <\/span>is sold for the purpose of marriage; and made to go through a form of marriage or if the minor\u00a0 is married after which the minor is sold or trafficked or used for immoral purposes, such\u00a0 marriage shall be null and void.<\/span>[6]<\/span>\u00a0<\/span><\/p>\n

        \n
      • Bharatiya Nyaya Sanhita (BNS):\u00a0<\/b><\/li>\n<\/ul>\n

        Replacing the Indian Penal Code <\/span>(IPC), Section 87 <\/b>criminalizes kidnapping or abduction for\u00a0 compelled marriage, with penalties up to 10 years of imprisonment. <\/span>Section 63 <\/b>defines rape to\u00a0 include non-consensual acts, even in marriage, if the wife is under 18, though the marital rape\u00a0 exception for adults remains controversial. <\/span>[7]<\/span>\u00a0<\/span><\/p>\n

          \n
        • The Protection of Women from Domestic Violence Act (PWDVA) 2005 <\/b>This act provides civil remedies like protection orders against coercive family pressure,\u00a0 residence orders, and monetary relief, addressing abuse stemming from forced\u00a0 marriages.<\/span>[8]<\/span><\/li>\n<\/ul>\n

          Religion-specific laws vary:\u00a0<\/span><\/p>\n

            \n
          • The Hindu Marriage Act <\/b>requires free consent, while\u00a0<\/span><\/li>\n
          • Muslim personal law <\/b>allows guardians to arrange marriages, though consent is\u00a0 theoretically needed.\u00a0<\/span><\/li>\n
          • The Special Marriage Act <\/b>enables interfaith unions without coercion.\u00a0<\/span><\/li>\n<\/ul>\n

            These laws collectively aim to protect individual autonomy and penalize coercion, but their\u00a0 application varies across contexts.\u00a0<\/span><\/p>\n

            A bill to raise the female marriage age to 21 was introduced in 2021 to promote gender parity,\u00a0 but as of 2025, it remains pending, and debates continue its impact on autonomy.\u00a0<\/span><\/p>\n

            The Supreme Court has been pivotal: In <\/span>Shakti Vahini vs. Union of India <\/span><\/i>(2018) <\/span>[9]<\/span>, it ruled honor\u00a0 killings and forced marriages unconstitutional, mandating state protection for inter-caste couples.\u00a0<\/span><\/p>\n

            The National Commission for Protection of Child Rights (NCPCR) monitors implementation,\u00a0 while the National Legal Services Authority (NALSA) offers aid. Internationally, India aligns\u00a0 with SDG 5.3 to end child marriage by 2030, though without ratifying all protocols. State-level\u00a0 differences persist, with Tamil Nadu\u2019s robust enforcement standing out compared to weaker\u00a0 efforts in northern states.\u00a0<\/span><\/p>\n

              \n
            1. Criminal and Civil Remedies\u00a0<\/b><\/li>\n<\/ol>\n

              Victims of forced marriages can pursue criminal and civil remedies. Criminally, Section 87 of\u00a0 BNS addresses kidnapping or abduction to compel marriage, with penalties up to 10 years\u00a0 imprisonment. If sexual assault occurs within a forced marriage, especially involving minors, the\u00a0 Protection of Children from Sexual Offences Act (POCSO),2012<\/span>[10]<\/span>, imposes stringent penalties,\u00a0<\/span><\/p>\n

              including life imprisonment for rape of a minor under 18. Civil remedies include annulment\u00a0 under the Hindu Marriage Act, 1955 (Section 12) or Special Marriage Act,1954, if consent was\u00a0 obtained through coercion or fraud. Victims must file for annulment within one year of the\u00a0 marriage, supported by evidence of duress.\u00a0<\/span><\/p>\n

              Habeas Corpus petitions can be filed in High Courts to secure the release of individuals detained\u00a0 for forced marriages. For example, in a 2025 case, a 16-year-old girl in Bihar received Supreme\u00a0 Court-ordered police protection after escaping a forced marriage. Additionally, the PWDVA\u00a0 allows victims to seek protection orders to prevent contact with abusers, ensuring immediate\u00a0 safety.\u00a0<\/span><\/p>\n

              Safeguards and Protections\u00a0<\/b><\/p>\n

              Legal safeguards extend beyond statutes to institutional mechanisms. Child Marriage Prohibition\u00a0 Officers (CMPOs), appointed under PCMA, are empowered to prevent unions, rescue victims,\u00a0 and prosecute offenders. Helplines like Childline (1098) and Women Helpline (181) provide\u00a0 immediate support, with over 10,000 interventions annually.\u00a0<\/span><\/p>\n

              NGOs like Girls Not Brides and UNICEF collaborate on awareness, empowering adolescents\u00a0 through education and life skills programs. The Bal Vivah Mukt Bharat portal tracks cases,\u00a0 enabling community reporting. For overseas Indians, the Ministry of External Affairs advises\u00a0 against forced unions, offering consular aid.\u00a0<\/span><\/p>\n

              Economic schemes like Sukanya Samriddhi Yojana incentivize delaying marriages, while\u00a0 education policies under RTE Act reduce dropout rates linked to early unions. In 2025, digital\u00a0 tools like apps for reporting enhance accessibility, though rural penetration is limited.\u00a0<\/span><\/p>\n

              Enforcement Challenges\u00a0<\/b><\/p>\n

              Despite safeguards, enforcement falters due to multifaceted challenges. Key challenges include:\u00a0<\/span><\/p>\n

                \n
              • Societal and Cultural barriers: Patriarchal norms and family pressures often deter victims\u00a0 reporting; NCRB data shows only 3,863 cases from 2018-2022, against estimates of 1.6\u00a0 million annually, as families view marriages as private <\/span>[11]<\/span>. Cultural norms in\u00a0 communities like Rajasthan perpetuate practices, with khap panchayats overriding laws. The voidable nature of marriages allows continuation, with victims facing stigma in\u00a0 seeking annulment.\u00a0<\/span><\/li>\n
              • Police and Judicial Insufficiencies: Gender bias and corruption within the law\u00a0 enforcement can result in inadequate responses. Police may treat forced marriages as a\u00a0 private family matter, pushing for mediation rather than legal action.\u00a0<\/span><\/li>\n
              • Rural-Urban Disparities: Enforcement is weaker in rural areas due to limited access to\u00a0 legal aid, courts or Child Marriage Prevention Officers. Poverty drives 70% of cases,\u00a0 with debt bondage forcing unions.<\/span><\/li>\n
              • Resource gaps plague CMPOs, many overburdened without training. Interstate\u00a0 coordination fails in migrant cases. The pandemic highlighted vulnerabilities, with hidden\u00a0 ceremonies rising. Legal loopholes, like non-criminalization of adult forced marriages\u00a0 without abduction, weaken deterrence. In 2025, stalled progress in states like Bihar\u00a0 underscores uneven implementation.\u00a0<\/span><\/li>\n<\/ul>\n

                Case Studies\u00a0<\/b><\/p>\n

                To illustrate the practical application of India\u2019s legal framework against forced marriages,\u00a0 including child marriages as a subset, below are selected case studies drawn from judicial\u00a0 precedents, reports, and the recent incidents. These examples highlight the use (or failure) of\u00a0 safeguards like PCMA,2006; The Special Marriage Act,1954; and constitutional rights under\u00a0 Article 21. They also underscore enforcement challenges such as societal pressures, judicial\u00a0 inconsistencies, police reluctance, and resource gaps.\u00a0<\/span><\/p>\n

                Case study 1: Independent thought v. Union of India (2017)\u00a0<\/b><\/p>\n

                This landmark Supreme Court case challenged the exception under Section 375 of the Indian\u00a0 Penal Code (now under Bharatiya Nyaya Sanhita), which previously decriminalized marital rape\u00a0 if the wife was over 15 years old, even in child marriages The petitioner, an NGO, argued that\u00a0 this violated girls’ rights in forced child marriages, where consent is inherently absent.\u00a0<\/span><\/p>\n

                  \n
                • Legal Safeguards Applied: The Court invoked PCMA’s provisions making child\u00a0 marriages voidable (Section 3) and emphasized primacy over personal laws. It aligned\u00a0 with international obligations like the Convention on the Rights of the Child (CRC),\u00a0 ruling that sex in child marriages constitutes rape, thus activating protections under the\u00a0 POCSO Act, 2012.\u00a0<\/span><\/li>\n
                • Enforcement Issues: The case exposed gaps in harmonizing laws-e.g., PCMA’s voidable\u00a0 status allowed marriages to persist, and low awareness among victims hindered petitions\u00a0 for annulment. Judicial delays and lack of proactive state monitoring were noted, with\u00a0 only sporadic enforcement by CMPOs.\u00a0<\/span><\/li>\n
                • Outcome: The exception was struck down, criminalizing marital rape in child marriages.\u00a0 However, implementation remains uneven, with low conviction rates (e.g., only 40\u00a0 nationwide in 2012 despite high prevalence This spurred calls for dedicated CMPOs and\u00a0 better training, but a 2021 follow-up report showed persistent under-reporting.<\/span>[12]<\/span><\/li>\n<\/ul>\n

                  Case Study 2: Interfaith Coercion and Forced Conversion (e.g., Arti Kumari Case,\u00a0 Begusarai, 2025)\u00a0<\/b><\/p>\n

                  Arti Kumari (now Arifa Parveen) was lured via Facebook, coerced into nikah, and subjected to\u00a0 abuse, including forced beef consumption and religious rituals She filed a complaint after\u00a0 escaping.<\/span><\/p>\n

                  Legal Safeguards Applied: Special Marriage Act mandates a 30-day notice for consent\u00a0 verification in interfaith unions; PWDVA provided protection orders. Supreme Court rulings like\u00a0 Shafin Jahan v. Asokan (2018) affirm choice under Article 21, with POCSO applicable if\u00a0 underage.\u00a0<\/span><\/p>\n

                  Enforcement Issues: Initial police reluctance to register FIRs, attempts to mediate back to the\u00a0 abuser, and rural isolation delayed action. Cultural biases and fear of stigma deter victims;\u00a0 activists faced barriers in assisting.\u00a0<\/span><\/p>\n

                  Outcome: After NGO intervention and SP coordination, an FIR was lodged, and Arti was\u00a0 sheltered. However, such cases often see leaks or threats, with uneven use of safeguards like\u00a0 CMPOs.<\/span>[13]<\/span>\u00a0<\/span><\/p>\n

                  These case studies demonstrate that while safeguards exist, enforcement lags due to cultural\u00a0 norms, resource shortages, and inconsistencies. Reforms like the pending PCMA Amendment\u00a0 Bill (2021) aim to address this but sustained multi-stakeholder action is needed.\u00a0<\/span><\/p>\n

                  Recent Developments and Recommendations\u00a0<\/b><\/p>\n

                  In 2024-2025, child marriages halved nationally due to PCMA, with states like Tamil Nadu\u00a0 leading. The pending amendment bill could equalize ages, but activists warn of criminalizing\u00a0 consensual unions. Human Rights Watch notes ongoing violations amid political shifts.\u00a0<\/span><\/p>\n

                  Recommendations include making child marriages void ab initio, enhancing CMPO training, and\u00a0 integrating gender education in schools. Community-led initiatives, digital surveillance, and\u00a0 international aid can bolster efforts. Differentiated responses for self-arranged vs. forced unions\u00a0 are crucial.\u00a0<\/span><\/p>\n

                  Conclusion\u00a0<\/b><\/p>\n

                  India\u2019s legal framework against forced marriages is robust, offering constitutional, criminal, and\u00a0 civil remedies to protect individual autonomy. Statutes like the PCMA, BNS, and PWDVA,\u00a0 supported by Supreme Court rulings, affirm the right to consensual marriage. However,\u00a0 enforcement challenges\u2014societal pressures, police inefficiencies, and rural-urban disparities\u2014 hinder effective implementation. Recent cases and data, such as the 2025 Bihar case and recent\u00a0 report findings, underscore the urgency of addressing these gaps. Strengthening enforcement,\u00a0 expanding legal aid, and raising awareness are critical to empowering victims and curbing forced\u00a0 marriages. As India navigates its cultural complexities, a unified approach involving law\u00a0 enforcement, judiciary, NGOs, and communities is essential to uphold the fundamental right to\u00a0 choose one\u2019s partner. By bridging the gap between law and practice, India can move closer to\u00a0 eliminating forced marriages, ensuring justice and dignity for all.<\/span><\/p>\n

                  Endnotes\u00a0<\/b><\/p>\n

                  [1] United Nations Children\u2019s Fund, Towards Ending Child Marriage: Global trends and profiles\u00a0 of progress, UNICEF, New York, 2021.\u00a0<\/span><\/p>\n

                  [2] International Institute for Population Sciences (IIPS) and ICF. 2021. National Family Health\u00a0 Survey (NFHS-5), 2019-21.\u00a0<\/span><\/p>\n

                  [3] The Constitution of India art.21.\u00a0<\/span><\/p>\n

                  [4] Lata Singh vs State of U.P. & Another, 2006.\u00a0<\/span><\/p>\n

                  [5] Section 15 of the Indian Contract Act, 1872.\u00a0<\/span><\/p>\n

                  [6] The Prohibition of Child Marriage Act (PCMA) 2006.\u00a0<\/span><\/p>\n

                  [7] <\/span>Bharatiya Nyaya Sanhita, 2023, No. 45 of 2023.<\/span>\u00a0<\/span><\/p>\n

                  [8] <\/span>The Protection of Women from Domestic Violence Act (PWDVA) 2005. [9] Shakti Vahini vs. Union of India (2018) MANU\/SC\/0291\/2018.\u00a0<\/span><\/p>\n

                  [10] The Protection of Children from Sexual Offences Act (POCSO),2012. [11] NCRB, 2021. Crime in India.\u00a0<\/span><\/p>\n

                  [12] Independent Thought vs Union of India 11 October 2017.\u00a0<\/span><\/p>\n

                  [13] Arti Kumari vs The State of Bihar 4 April 2025.<\/span><\/p>\n

                  .<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                  Author: Pragati Mishra, a law student at\u00a0Mumbai University. “Yatra naryastu pujyante, ramante tatra svatantryam”\u00a0\u00a0 (“Where women are honored, there freedom flourishes.”)\u00a0\u00a0 Introduction\u00a0\u00a0 Forced marriages, a pervasive violation of human rights, continue to plague Indian society\u00a0 despite significant legal advancements. Defined as unions, where one or both parties are coerced\u00a0 without free and full consent, forced […]<\/p>\n","protected":false},"author":1,"featured_media":5033,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_themeisle_gutenberg_block_has_review":false,"footnotes":""},"categories":[85],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5380"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=5380"}],"version-history":[{"count":4,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5380\/revisions"}],"predecessor-version":[{"id":5384,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5380\/revisions\/5384"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5033"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=5380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=5380"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=5380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}