If you are stuck in such a situation, here is what to do.

A concerned individual, Priya, reached out for guidance regarding her close friend, Sunita, who is facing immense pressure from her family to enter into a forced marriage. Sunita is a bright 20-year-old medical student in Alipur, dedicated to her studies with aspirations of becoming a successful doctor. Her family, however, has different plans for her.

Sunita’s father, in collaboration with the father of a family friend named Rohan, has been arranging her marriage without her knowledge or consent. Sunita has known Rohan for several years, but she has absolutely no desire to marry him or anyone else at this stage of her life. She is focused on her career and wishes to live life on her own terms. The traditional and patriarchal mindset of her family is causing a significant conflict, where her autonomy and aspirations are being disregarded.

This relentless pressure has taken a severe toll on Sunita’s mental and physical health. She has reportedly stopped eating properly and is experiencing suicidal thoughts, creating a deeply worrying situation. Her friend Priya, while providing emotional support, feels that the situation requires more than just comfort; it necessitates concrete legal advice and a clear path forward to protect Sunita’s rights and future.

Advice in such cases

Navigating a situation involving forced marriage requires a calm and strategic approach. The primary goal is to ensure the safety and well-being of the individual being coerced while upholding their legal rights.

• Communicate Clearly: The first step for the person being forced is to clearly and unequivocally communicate their refusal to the family. It is important to state that marrying without consent is illegal and a violation of their fundamental rights.
• Build a Support System: Reach out to trusted friends, relatives, or teachers who can provide emotional and practical support. Having allies can make a significant difference.
• Secure Important Documents: Keep personal identification documents, educational certificates, and passports in a safe place, possibly with a trusted friend, to prevent the family from restricting movement.
• Document Everything: Keep a record of all instances of pressure, threats, or emotional manipulation. This can include text messages, emails, or a personal diary of events. This documentation can serve as crucial evidence if legal action becomes necessary.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In India, forcing an adult to marry against their will is illegal. Several laws protect an individual’s right to choose their life partner.

• The Prohibition of Child Marriage Act, 2006: While Sunita is an adult, the principles of this act underscore that consent is paramount. Any marriage lacking free and full consent can be challenged.
• The Protection of Women from Domestic Violence Act, 2005: This Act is not limited to physical violence. It includes emotional, verbal, and economic abuse. Forcing a woman into a marriage against her will constitutes severe emotional abuse, and she can seek a protection order from a court against her family members.
• The Indian Majority Act, 1875: An individual who has attained the age of 18 is a major and has the legal capacity to make their own decisions, including those related to marriage.
• Constitutional Rights: Article 21 of the Constitution of India guarantees the Right to Life and Personal Liberty, which has been interpreted by the Supreme Court to include the right to choose a life partner.
• Bharatiya Nyaya Sanhita (BNS): If the pressure involves threats, criminal intimidation, or wrongful confinement (e.g., locking her up, taking her phone and documents), relevant sections of the BNS can be invoked.

If you are the complainant

If you are a friend or a concerned person like Priya, you can take several steps to help the victim.

• Provide a Safe Space: Offer emotional support and a non-judgmental ear. Reassure the victim that they are not alone and that their feelings are valid.
• Help Document Evidence: Assist them in safely collecting and storing evidence of the coercion, such as messages or recordings.
• Encourage Professional Help: Gently guide them towards seeking professional help.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Do Not Act Rashly: Avoid confronting the family directly, as this could escalate the situation and put the victim in greater danger. All actions should be planned and taken with the victim’s consent and safety in mind.

If you are the victim

If you are in Sunita’s position, your safety and autonomy are the top priorities.

• Stay Firm in Your Decision: Do not give in to emotional blackmail. Reiterate your decision to not marry against your will.
• Create a Safety Plan: Identify a safe place you can go to if the situation at home becomes unbearable or dangerous. Keep an emergency bag with essentials, money, and copies of your documents.
• Contact Authorities if Needed: If you feel you are in immediate danger, do not hesitate to contact the police (dial 112) or a women’s helpline. Explain that you are an adult being illegally forced into a marriage.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer can send a legal notice to your family, which often acts as a strong deterrent. They can also help you file for an injunction from the court to prevent the marriage from taking place.

How the police behave in such cases

Police response can be mixed. Initially, some officers might dismiss it as a “family matter” and attempt informal mediation. However, it is your right to file a formal complaint. If the police are uncooperative, you can approach a senior officer, such as the Superintendent of Police (SP). Having a lawyer accompany you to the police station often ensures that the complaint is taken seriously and handled according to the law. The police are obligated to protect a citizen from illegal acts, including forced marriage and any associated criminal intimidation or confinement.

FAQs people normally have

Can my parents legally force me to marry if I am an adult?
No. Once you are 18, you are a legal adult with the right to make your own life decisions. Any marriage without your free and full consent is invalid and illegal.

What if my family threatens to disown me or stop supporting my education?
This is a form of emotional and economic abuse. Under the Domestic Violence Act, you can seek protection and maintenance orders. While it is a difficult step, legal avenues exist to protect your rights.

What if my parents take my phone and lock me in the house?
This amounts to wrongful confinement, which is a criminal offense under the Bharatiya Nyaya Sanhita (BNS). You or a friend on your behalf can file a police complaint.

What evidence is required?

To build a strong case, evidence is key. This can include:

• Digital Communication: Text messages, WhatsApp chats, emails, or social media messages where the marriage is discussed or where threats are made.
• Audio/Video Recordings: If possible and safe, record conversations where you are being pressured or threatened.
• Witness Testimony: Statements from friends, relatives, or counselors who are aware of the situation and your unwillingness to marry.
• Proof of Preparations: Any evidence of wedding preparations being made against your will, such as invitation cards, booking receipts for venues, etc.

How long will the investigation take?

The timeline depends on the legal path taken. The immediate goal is usually preventative. A legal notice from a lawyer can be sent within a day or two. Filing for an injunction or a protection order from the court might take a few days to a week to get an initial hearing and temporary relief. The process is designed to be swift to prevent the illegal act (the forced marriage) from occurring. A full-blown criminal investigation into related offenses like intimidation would follow a standard timeline as per the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Advocate Sudhir Rao, Supreme Court of India