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

Priya, a brilliant 21-year-old from a town in Uttar Pradesh, found herself in a distressing situation. After rigorous preparation, she secured a coveted spot in a prestigious university in Mumbai. However, her dreams were shattered when her parents, citing conservative beliefs, refused to let her move to a big city for her education. Instead, they enrolled her in a local private college against her will. Their control didn’t stop there. They began pressuring her into an arranged marriage, dismissing her ambitions for a career. Every time Priya tried to reason with them or express her desire to study further, she was met with verbal abuse and even physical violence. Her parents made it clear that her only role was to obey them and get married. Feeling trapped and threatened, Priya began looking for a way to escape a future she did not choose.

Advice in such cases

If you are an adult facing a similar situation, it is crucial to understand that the law is on your side. Once you turn 18, you are legally entitled to make your own decisions regarding your education, career, and marriage.

• Recognize Your Rights: As a legal adult, you have the fundamental right to choose your own path in life. No one can force you into a marriage or dictate your career choices against your will.
• Secure Your Documents: Your personal documents are your key to independence. Safely gather your Aadhaar card, birth certificate, educational certificates, passport, and any other important identification. Keep them in a secure place where only you have access.
• Financial Autonomy: Open a bank account in your name that no one else can access. If possible, find part-time work to start building your own financial resources. This is a critical step towards independence.
• Build a Support Network: Confide in trusted friends, supportive relatives, or teachers. Having a reliable support system can provide emotional strength and a potential safe haven if you need to leave your home.
• Consult with Lawyer: 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

Indian law provides strong protection against parental abuse and forced marriages. The following legal provisions are relevant:

• The Protection of Women from Domestic Violence Act, 2005: This is a powerful civil law that protects women from physical, mental, emotional, and economic abuse within a household. It applies to relationships with parents as well. A victim can approach a Protection Officer or a Magistrate to obtain protection orders, residence orders (allowing you to stay in the house without violence), and monetary relief.
• Bharatiya Nyaya Sanhita, 2023 (BNS): This new penal code addresses criminal offenses.
  • Section 84 (Voluntarily causing hurt): Deals with acts of physical assault, like slapping or beating.
  • Section 85 (Voluntarily causing grievous hurt): Applies if the abuse results in serious injuries.
  • Section 86 & 87 (Wrongful restraint & Wrongful confinement): These sections apply if your parents lock you in a room or prevent you from leaving the house.
  • Section 109 (Criminal intimidation): Can be invoked if your parents threaten to harm or kill you for not complying with their demands.
• The Prohibition of Child Marriage Act, 2006: While this Act primarily deals with marriages below the legal age (18 for females, 21 for males), the principle of consent is paramount. Forcing any adult into a marriage against their will is an act of coercion and intimidation, which is punishable under various laws.

If you are the complainant

If you are a parent in this situation, it is important to understand the legal and emotional consequences of your actions. While your intentions may stem from a place of concern or societal pressure, forcing your adult child into decisions against their will constitutes abuse and is a punishable offense. Forcing marriage, restricting education, and using physical violence can lead to severe legal penalties, including imprisonment and fines. Open communication and seeking family counseling are far more constructive approaches. It is vital to understand the legal boundaries. 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. Understanding the law can prevent you from taking steps that could have irreversible negative consequences for you and your child.

If you are the victim

If you are the one being abused and forced into a marriage, you must take proactive steps to protect yourself.

• 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.
• File a Complaint: You can approach the nearest police station to file a First Information Report (FIR) under the relevant sections of the Bharatiya Nyaya Sanhita (BNS). You can also call the national police helpline (112) or the women’s helpline (181) for immediate assistance.
• Seek a Protection Order: Your lawyer can help you file an application under the Protection of Women from Domestic Violence Act, 2005. A Magistrate can pass interim orders quickly to ensure your immediate safety, preventing your parents from contacting you, committing any further violence, or forcing you to leave your home.
• Document Everything: Keep a record of every incident of abuse. Take pictures of any injuries, save threatening messages or emails, and if possible and safe, make audio or video recordings of abusive conversations.

How the police behave in such cases

The response from the police can vary. In many cases, officers are trained to be sensitive to issues of domestic violence and will act promptly. They will help you file an FIR and ensure your safety. However, you may encounter officers who dismiss the issue as a “private family matter” and try to mediate or send you back home. In such a scenario, remain firm and polite. Clearly state that you are an adult, you are being abused, and you wish to exercise your legal right to file a complaint. If the local police are uncooperative, you have the right to approach a more senior officer, like the District Superintendent of Police (SP), or file a private complaint directly with a Magistrate through your lawyer.

FAQs people normally have

What evidence is required?

Strong evidence is key to building a solid case. This can include:

• Medical reports and photographs documenting any physical injuries.
• Screenshots of threatening text messages, emails, or social media chats.
• Audio or video recordings of threats or abuse.
• Testimony from friends, relatives, or neighbors who have witnessed the abuse.
• A personal diary detailing the dates and types of abusive incidents.

How long will the investigation take?

The timeline can vary. Once an FIR is filed, the police begin their investigation. The new Bharatiya Nagarik Suraksha Sanhita (BNSS) has set timelines for investigations, but delays can occur. However, relief under the Domestic Violence Act, such as a protection order, can often be obtained much faster, sometimes within a few court hearings, to ensure your immediate safety.

Advocate Sudhir Rao, Supreme Court of India