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Force Marriage: A Failure to Marital Life

Marriage is a state of being united as spouses in a consensual and contractual relationship recognized by law. Marriage is a process by which two people make their relationship public, official, ad permanent. It is the joining of two people in a bond that is commonly believed to be last till death but in practical it is often cut off by judicial separation or divorce. Section 2 of Hindu Marriage Act 1955, says marriage among Hindu in any form irrespective of caste or creed or among any person who is bounded under Hindu Marriage Act,1955 after completing saptpadi. Saptpadi refer to completing seven steps around the holy fire.

In India marriage is consider to be a sacrament and sacred tie among two soul. Basically wedding is a great grand festival, not like other festival it happens only once in a life time,where new bonds are formed at the time of this occasion.

Everyone feels happy when we were born but we'd be unawared of it
Everyone mourns after we die but we'd be unawared of that too
All we remember is our wedding which make us happy and wedding is such a beautiful occasion to one.

Everyone has a chapter they don't want to read out loud but what if that chapter is his wedding day. The only memory which we can capture as we'd been awared about. What if that sacrament and sacred tie is made forcefully. Force marriage is illegal, it can happen in secret and can be planned by parents, family or religious leader.

Force Marriage are marriage in which one or both the parties have not personally expressed their full and free consent to the union. A child marriage is also considered to be a form of forced marriage as they have not expressed full, free and informed consent. Article-37 forcing an adult or a child to enter into a marriage is criminalised. Forced marriage is common now a day, In 2017 930 cases (77.8%) involved female victims and 256 cases in which (21.4%) involved male victims and about 47% of child marriage took place.

There is no typical victim of force marriage. Women are the main victims, it should be also remembered that men are affected and victims too. Force marriage occur in both under and over 18 year old. It may involve physical abuse, sexual abuse or emotional abuse. Most often family member specially parents used to do emotional blackmailing /emotional torture to marry someone whom he doesn't love. In most counted case parents are the one to force their ward to get into marriage.

Some families force their child to marry because they think it an important part of religion and are worried about family's reputation and honour in name of  izzat. Revolting against family is tough when they are major part of your personal life i.e. this is main reason why they become the victim of force marriage.

Some other cases take place when parents comes to know about the love life/ relation of their child that he/she love someone and wanted to marry him/her but for family prestige and log kya kahenge ge.

The main reason that has killed more dreams than anything else in the world. Its very hard to forget someone you have loved with your whole heart and soul. Somehow if you try to adjust in force marriage but still there will always be a place in your heart that will echo when he/she sit alone and think about the beautiful moments you spend together will come like a storm in your mind. As god made women very strong she can hide her tears and can break her heart just to make her family happy. But still the major point is that force marriage lead to force physical relation which result in domestic violence and failure of marital life.

Marriage is not a event it’s a occasion and precious moment to bride and groom, even though we say that India is progessing towards better tomorrow, whereas force marriage is still plagues for many Indian families and society as a whole. However if someone is forced into a marriage against his/her will, they have legal option for assistance, one can use the PWDVA 2005 ( protection of women from domestic violence act), as Act provided force marriage as a form of domestic violence section3(a); Family Court Act, 1984; the Majority Act, 1875; PCMA, 2006( prohibition of child marriage act); the Guardians & Ward Acts, 1890.

Even thought Article 16 of Universal Declaration of Human Rights deals with discrimination against women in marriage related matters, it further ensure that both men and women have:
  • The same right to enter into marriage,
  • Right to freely choose a spouse and to enter into marriage only with their free and full consent
  • Article 23 of the International Convenant on Civil and Political Rights 1966(c): no marriage shall be possible without full and free consent of the intending spouse.
  • Islam Support the Right to Consensual Marriage; give right women to choose and reject/accept marriage proposals even against their parent's will. In Islam both women and men must consent before a marriage can take place.
  • Even in Hindu Law Force Marriage is voidable; if complaining party does not give explicit consent for the marriage , a court can void it.
  • The Delhi High Court has said the Right to Choose one's life partner is a Fundamental Right. As it is an integral part to life.
  • As per Law in India both men and women have right against force marriage. The rights are applicable overall and both men & women have right to enter into marriage and freely choose a partner of their choice.

Conclusion:
In most of families; being women was all about being somebody else property- first you belong to your parents, then your husband. Even families think its an important part of life to marry; whether she wishes to marry or she accept the proposal of marriage; or have right to choose her life partner. Despite of that women are considered as a object, excepted to wait on men and produce children.

Award Winning Article Is Written By: Deepa Rohilla
Awarded certificate of Excellence
Authentication No: MA108353090763-24-0321

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