Discover BRAC

About BRAC How It Works Donate / Claim Articles Agreement Transparency Achievements BRAC Impact

BRAC Network

Board of Directors Members Volunteers Become a Member Join as a Volunteer Internship Program Partner With Us Careers

Services

Information & Tools

SOS Emergency Know Your Rights Free Tools by BRAC India Services Directory

BRAC Grants

Apply for Grants Track Grant Status

Petitions

Start a Petition View All Petitions

Lost & Found

Report an Incident Browse National Gallery

Report BRAC

Campaigns Forever Fund Contact

Start Fundraising Sign Up Login

Right to Choose

FORCED MARRIAGE

MARRIAGE WITHOUT CONSENT IS SLAVERY

A wedding vow taken under threat is not a promise; it is a sentence. Forced Marriage occurs when one or both parties are married against their will through emotional coercion, physical violence, or deception.

It differs from an arranged marriage, where consent is present. In a forced union, "No" is ignored, and silence is mistaken for agreement. Indian law grants every adult the absolute right to choose their partner.

GET PROTECTION →ANNULMENT LAWS

Part 2: The Trap

Consent vs. Coercion

Based on NCW & Family Court Data

Void

Legal Status

If consent obtained by force/fraud

NRIs

High Risk Group

Deceptive matrimonial ads

Honor

Primary Driver

To prevent inter-caste unions

1Yr

Time Limit

To file for annulment (usually)

The Spectrum of Force

Force isn't always a gun to the head. It is often emotional: "If you don't marry him, your father will have a heart attack." It is financial: "We will stop your education unless you agree." It is deceptive: "Come to India for a holiday," only to find a wedding arranged.

Arranged vs. Forced

Arranged: Families introduce partners, but both individuals have the full right to say YES or NO without fear.
Forced: Refusal leads to violence, confinement, threats of disownment, or emotional blackmail.
Deceptive: Being tricked into marriage (e.g., concealing a groom's first wife or mental illness) invalidates consent.

STATUS: INVALID

Consequences of Coercion

Marital Rape RiskExtreme

Lack of consent extends to the bedroom.

Mental HealthTrauma

High rates of self-harm and depression.

Legal RecourseAvailable

Courts can annul (cancel) the marriage.

"Consent must be free, full, and informed. Anything less is a violation of liberty."

Part 3: The Law

Hindu Marriage Act Section 12

The power to declare a marriage "Voidable".

Section 12(1)(c)

Fraud or Force

A marriage is voidable if the consent of the petitioner was obtained by force or by fraud as to the nature of the ceremony or any material fact.

Grounds for Annulment

Special Marriage Act

Secular Law

Section 25 also declares marriages voidable if consent was obtained by coercion or fraud. This applies to inter-faith or civil marriages.

Universal Application

Legal Remedies

Decree of Nullity

Unlike divorce (which dissolves a valid marriage), annulment declares the marriage never legally existed. This removes the stigma of being "divorced."

Police Protection

Couples (or individuals) facing threats for refusing forced marriage can seek police protection from the High Court (Runaway Couple Protection).

Kidnapping Charges

If a woman is taken away against her will to be married, charges of Kidnapping/Abduction (IPC 366 / BNS 137) can be filed against the family.

Part 4: The Barriers

Why Is Escape Hard?

Time Limit

Petitions for annulment under fraud/force must usually be filed within 1 year of the force ceasing or fraud being discovered. Many miss this window.

Nowhere to Go

Refusing family leads to homelessness. Without shelter support, victims often surrender to the marriage for survival.

Emotional Blackmail

"Honor" is placed above individual happiness. The guilt of "shaming the family" is a powerful silencer.

NRI Traps

Women married to NRIs are often abandoned abroad or have their passports confiscated, leaving them stranded in a foreign land.

Police Apathy

Police often treat forced marriage complaints as "family disputes" and counsel the victim to "adjust" instead of registering an FIR.

YOUR ROLE

If you suspect a forced marriage, alert the authorities. Offer a listening ear. Do not validate "tradition" that violates rights.

Part 5: The Response

BRAC LIBERTY PROTOCOL

Helping victims reclaim their agency and life.

1. Legal Annulment

Erasing the mistake.

• Petition Filing: Providing lawyers to file for nullity of marriage.

• Protection Orders: Getting court orders to prevent family harassment.

2. Emergency Shelter

A safe roof.

• Short Stay Homes: Secure housing for women escaping forced unions.

• Relocation: Helping victims move to a new city for anonymity.

3. Counseling

Healing the trauma.

• Therapy: Professional support to rebuild self-esteem.

• Family Mediation: (Only if safe) counseling parents to accept the choice.

4. Financial Independence

Freedom fund.

• Job Placement: Connecting survivors with jobs to support themselves.

• Skilling: Vocational training for immediate employment.

5. NRI Assistance

International reach.

• Consular Access: Liaising with embassies for women abandoned abroad.

• Passport Impounding: Legal action to revoke the passport of the abandoning spouse.

ACTIVATE FREEDOM

Select your impact level. 85% of funds go directly to programs.

IMPACT LEVEL 1

₹1,000

Provides immediate counseling and a helpline session for a victim.

DONATE NOW

RECOMMENDED

IMPACT LEVEL 2

₹10,000

Funds legal fees to file an annulment petition in Family Court.

DONATE NOW

IMPACT LEVEL 3

₹50,000

Sponsors a "Safe House" stay and vocational training for 3 months.

DONATE NOW

Tax Deductible under Section 80G.

Transparency: You will receive a donation receipt & impact report.

Frequently Asked Questions

What is the difference between Void and Voidable?

A "Void" marriage is invalid from the start (e.g., bigamy). A "Voidable" marriage (like forced marriage) is valid until the victim asks the court to annul it.

Is there a time limit to file for annulment?

Yes. Under the Hindu Marriage Act, the petition must usually be filed within one year of the force ceasing or fraud being discovered. Acting quickly is crucial.

Is my donation tax deductible?

Yes. BRAC is registered under Section 80G. You will receive a tax exemption certificate via email within 7 days.

Disclaimer: This content is for informational purposes only and is not legal advice. Laws may vary by location. BRAC is not responsible for errors, omissions, or consequences arising from its use. BRAC® is a registered trademark. Unauthorized commercial use is prohibited. For corrections or permissions, email info@brac.in