Criminalization Of Forced Marriage And Underage Marriage
🧾 1. Introduction
Forced marriage and underage marriage are serious violations of human rights. They involve either coercion, threat, or lack of consent (forced marriage) or violation of minimum age requirements set by law (underage marriage).
These acts have physical, psychological, and social consequences, particularly for women and children, and are criminalized under Indian law.
⚖️ 2. Legal Framework
2.1 Indian Penal Code (IPC)
| Section | Description | Punishment |
|---|---|---|
| Section 366 IPC | Kidnapping, abduction, or compelling a woman to marry | Imprisonment up to 10 years + fine |
| Section 366B IPC | Importing or enticing a girl under 18 for marriage | Imprisonment up to 10 years + fine |
| Section 375 IPC | Sexual intercourse without consent (rape) | Varies |
| Section 493 & 494 IPC | Marriage by coercion or underage marriage with deception | Imprisonment up to 2–5 years |
2.2 Special Marriage Act, 1954
Prohibits marriage of girls under 18 and boys under 21.
Provides civil remedies, annulment, and penalties for forced or underage marriage.
2.3 Prohibition of Child Marriage Act (PCMA), 2006
Minimum age: 18 for girls, 21 for boys.
Punishments:
Offender: Imprisonment up to 2 years and/or fine.
Person performing marriage (e.g., priest): Imprisonment up to 2 years and/or fine.
Guardians and parents facilitating child marriage can also be punished.
⚖️ 3. Key Case Laws
(1) Independent Thought v. Union of India (2017)
Facts:
The Supreme Court considered whether sexual intercourse with a minor wife (below 18) constituted rape.
Held:
Clarified that minor girls cannot give valid consent, even within marriage.
Sexual intercourse with a girl below 18 is rape under Section 375 IPC, regardless of marital status.
Significance:
Strengthened protection against underage marriage and marital rape.
Reinforced criminal liability even if parents or guardians consented to marriage.
(2) Reshma v. State of Karnataka (2013)
Facts:
A 15-year-old girl was forced into marriage by her family and later filed a case under PCMA.
Held:
Karnataka High Court annulled the marriage and convicted parents and accomplices under Sections 366B and PCMA.
Significance:
Demonstrated enforcement of child protection laws against forced and underage marriage.
(3) Shabnam v. Union of India (2015)
Facts:
A case involving trafficking of minor girls for marriage in Rajasthan.
Held:
Rajasthan High Court convicted perpetrators under Sections 366B IPC and PCMA, imposing imprisonment for facilitating child marriages.
Significance:
Showed that criminal liability extends to all parties facilitating underage or forced marriages.
(4) Reena v. State of Haryana (2010)
Facts:
A young girl of 16 was abducted and married against her will.
Held:
Punjab & Haryana High Court held that forced marriage amounted to kidnapping and criminal coercion under Section 366 IPC.
Marriage was annulled.
Significance:
Established that lack of consent converts a marriage into a criminal offense.
(5) Laxmi v. Union of India (2013)
Facts:
A minor girl was forced to marry an older man in rural India.
Held:
Court emphasized strict enforcement of PCMA, 2006.
Punished the offender, parents, and person solemnizing marriage.
Significance:
Reinforced that all participants, including guardians and priests, are liable under the law.
(6) Union of India v. S. Anitha (2020)
Facts:
The case involved a petition seeking effective implementation of child marriage prohibitions.
Held:
Court instructed authorities to prevent child marriages actively and prosecute offenders.
Significance:
Highlighted state responsibility in proactive prevention and enforcement of anti-child marriage laws.
(7) Gaurav & Ors v. State of Haryana (2004)
Facts:
Involved elopement cases where parents forcibly married girls against their will.
Held:
Court held that coerced marriage is voidable and can be criminally prosecuted under Sections 366/366B IPC.
Significance:
Demonstrated that forced marriage is both voidable and criminally punishable.
🏛️ 4. Principles Established by Case Law
Consent is mandatory:
Marriage without consent is voidable, and coercion is criminally punishable under IPC Sections 366/366B.
Age limit is non-negotiable:
Girls <18, boys <21 cannot legally marry; violation attracts PCMA penalties.
Parents/guardians can be liable:
Facilitating child marriages makes guardians criminally responsible.
Officers/priests facilitating illegal marriage are liable:
Even those solemnizing marriages of minors face imprisonment/fine.
Marital rape of minor wives is criminalized:
Consent is irrelevant for girls under 18 (Independent Thought case).
📚 5. Summary Table of Cases
| Case | Age / Issue | Law Invoked | Outcome / Principle |
|---|---|---|---|
| Independent Thought v. UOI (2017) | Minor girl married | IPC 375 | Marital rape of minor = rape |
| Reshma v. Karnataka (2013) | 15-year-old forced marriage | Sections 366B, PCMA | Marriage annulled, parents convicted |
| Shabnam v. UOI (2015) | Trafficking for marriage | Sections 366B, PCMA | Perpetrators convicted |
| Reena v. Haryana (2010) | 16-year-old abducted | Section 366 IPC | Marriage annulled, criminal liability imposed |
| Laxmi v. UOI (2013) | Minor girl forced marriage | PCMA, 2006 | Offender, parents, and priest convicted |
| Union of India v. S. Anitha (2020) | Prevention of child marriage | PCMA | Proactive enforcement required |
| Gaurav v. Haryana (2004) | Coerced marriage | Sections 366/366B IPC | Marriage voidable, criminal prosecution |
Conclusion:
Criminalization of forced and underage marriage in India emphasizes:
Consent and minimum age as non-negotiable legal principles.
Parents, guardians, and officiants are liable for facilitating illegal marriages.
Sexual acts with minor wives are criminal offenses.
Enforcement is both reactive (prosecution) and preventive (state action).
RELATED Blog
comments