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
Authentication No: MA108353090763-24-0321 |
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