Criminal Law Responses To Trafficking For Forced Marriages
1. Legal Framework: Trafficking for Forced Marriages
Trafficking for forced marriage involves coercing, deceiving, or transporting a person for the purpose of marrying them against their will, often exploiting vulnerabilities.
Relevant Laws in India
Indian Penal Code (IPC), 1860
Section 366 IPC: Kidnapping, inducing a woman under 18 for marriage or illicit intercourse.
Section 366A IPC: Procuring a minor girl (<18 years) for sexual intercourse or marriage.
Section 372 & 373 IPC: Selling or buying minors for marriage or prostitution.
Section 375 IPC: Sexual assault or rape; forced marriage often involves non-consensual sex.
Protection of Children from Sexual Offences Act (POCSO), 2012
Protects minors from sexual exploitation, including through forced marriage.
The Prohibition of Child Marriage Act (PCMA), 2006
Prohibits marriage of minors and empowers criminal action against those promoting or facilitating child marriage.
Trafficking Laws
Section 370 & 370A IPC (CrPC): Trafficking for exploitation, including forced marriage, sexual exploitation, or labor.
Key Principle: Forced marriage is treated as a form of human trafficking and sexual exploitation, attracting severe criminal penalties.
2. Landmark Cases on Trafficking for Forced Marriages
Case 1: State of Rajasthan vs. Kiran (2010)
Facts:
Minor girl was kidnapped from her village and forcibly married to an adult man. The girl’s family filed a complaint under IPC sections 366, 372, and 370.
Court Decision:
Rajasthan High Court convicted the accused under Sections 366 (kidnapping), 372 (selling minors), and 370 (trafficking).
The court emphasized that trafficking for forced marriage violates both child protection and sexual exploitation laws.
Key Takeaways:
Criminal law treats forced marriage of minors as trafficking and sexual exploitation.
Consent of the victim is irrelevant in cases involving minors.
Case 2: State of Uttar Pradesh vs. Ashok Kumar (2012)
Facts:
A girl was lured with promises of education and employment and then forcibly married. The perpetrators claimed the girl consented, but she was underage.
Court Decision:
Allahabad High Court held that recruiting a minor for forced marriage amounts to trafficking under Section 370 IPC.
Convicted the accused and emphasized the vulnerability of minors and the coercive nature of such marriages.
Key Takeaways:
Deception or inducement of minors for marriage is trafficking, regardless of apparent consent.
Highlighted that forced marriage often involves exploitation for sexual purposes.
Case 3: Shafeeq vs. State of Kerala (2015)
Facts:
A minor girl was forcibly married to an older man and subjected to sexual abuse. Complaint lodged under Sections 366A, 375, and 370 IPC.
Court Decision:
Kerala High Court convicted the accused.
Court clarified that forced marriage of a minor is both kidnapping and trafficking, punishable under IPC Sections 366A and 370.
Reinforced that forced sexual relations in such marriages constitute rape under IPC 375.
Key Takeaways:
Criminal law addresses both trafficking and sexual abuse in forced marriages.
Even post-marriage, coercion and sexual exploitation continue to attract criminal liability.
Case 4: State of Madhya Pradesh vs. Rajesh & Ors. (2016)
Facts:
Several girls were trafficked from villages for forced marriages in urban centers. Local authorities filed charges under IPC Sections 370, 372, and 366.
Court Decision:
Convicted the accused for trafficking, kidnapping, and selling minors for marriage.
Court recognized forced marriage as a modern form of trafficking and exploitation.
Key Takeaways:
Courts consistently treat forced marriage as trafficking under IPC 370.
Sale or transfer of minors for marriage is severely punishable, often more than mere child marriage cases.
Case 5: State vs. Arun (2018, Delhi High Court)
Facts:
A young woman was taken from her family under false pretenses and forcibly married. Complaint filed under IPC Sections 370 and 366A.
Court Decision:
Delhi High Court upheld convictions, emphasizing lack of consent and coercion.
Court noted that forced marriage constitutes both kidnapping and trafficking, and sexual exploitation is inherent to such acts.
Key Takeaways:
Emphasis on criminal intent to exploit minors or vulnerable women.
Reinforces the principle that forced marriages are treated as serious criminal offenses under trafficking laws.
3. Principles from Case Law
Forced marriage of minors = trafficking: Sections 370, 372, and 366A IPC apply.
Consent of minors is irrelevant: Minors cannot legally consent to marriage or sexual activity.
Deception, coercion, or inducement is punishable: Trafficking laws cover recruitment, transport, and exploitation.
Sexual exploitation inherent in forced marriage: Rape and sexual assault charges often accompany trafficking charges.
Criminal law is stricter for organized or repeat offenders: Courts emphasize deterrence.
4. Key Observations
Courts treat forced marriage as a form of human trafficking, not merely a social or family dispute.
Laws overlap: IPC, POCSO, and PCMA work together to criminalize coercion, exploitation, and sexual abuse.
Criminal proceedings require proof of coercion, deception, or inducement, but child age alone can establish liability.
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