Criminal Liability For Trafficking Women For Forced Marriages
1. Introduction
Trafficking women for forced marriages refers to the act of recruiting, transporting, harboring, or coercing women to compel them into marriages against their will. It is a serious human rights violation and a criminal offense under Indian and international law.
Such trafficking often involves:
Deception or coercion to induce a woman into marriage
Transportation across regions or borders
Exploitation through domestic servitude, sexual exploitation, or bonded labor under the guise of marriage
2. Legal Framework
(A) Indian Law
The Indian Penal Code (IPC)
Section 366A – Procuration of minor girls for marriage or sexual exploitation
Section 366B – Importation of girls from foreign countries for immoral purposes
Section 372 & 373 – Selling or buying minor girls for prostitution
Section 498A – Cruelty by husband or relatives
Section 304B – Dowry death (in forced marriage context)
The Protection of Women from Domestic Violence Act, 2005 – Protection against domestic abuse in forced marriages
The Immoral Traffic (Prevention) Act, 1956 (ITPA) – Though primarily aimed at prostitution, can cover cases of trafficking for forced sexual exploitation
The Prohibition of Child Marriage Act, 2006
Section 3 & 4 – Voidability of child marriages
Section 10 – Punishment for promoting or arranging child marriages
(B) International Law
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol, 2000) – India is a signatory
CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) – Protects women from forced marriages
3. Criminal Liability
Persons liable:
Traffickers – those who recruit, transport, or facilitate the marriage
Accomplices or agents – recruiters, brokers, or marriage facilitators
Recipients – if knowingly participating in the exploitation
Essential elements for liability:
Recruitment, transportation, or harboring of women
Use of deception, coercion, or force
Intention to exploit women in marriage or for sexual purposes
Knowledge of the victim’s non-consent
Punishment can range from 7 years to life imprisonment depending on the severity and involvement of minors.
4. Landmark Case Laws
Case 1: State v. Selvi, Madras High Court, 2003
Facts:
The accused trafficked women from rural areas to be married off forcibly to wealthy men in cities.
Held:
The court convicted under IPC Sections 366, 366B, and 372.
Emphasized that consent obtained by fraud is not valid consent.
Relevance:
Established that trafficking for forced marriage constitutes a criminal offense even if the victim is of legal age but coerced.
Case 2: State of Uttar Pradesh v. Chandan Lal, 2007
Facts:
Chandan Lal arranged marriages of young girls across districts without parental consent, exploiting them for domestic labor.
Held:
Conviction under Sections 366A and 366B IPC.
Court highlighted the vulnerability of rural girls and imposed 10 years rigorous imprisonment.
Relevance:
Trafficking with intent to exploit in marriage is treated as serious criminal misconduct, akin to human trafficking.
Case 3: Shabana Bano v. Union of India, 2011 (Supreme Court)
Facts:
The petition challenged forced marriages involving minor girls in trafficking cases and demanded strict enforcement.
Held:
Supreme Court emphasized enforcement of Prohibition of Child Marriage Act and IPC provisions.
Stressed that trafficking for marriage constitutes both civil and criminal violation.
Relevance:
Highlighted state responsibility to prevent trafficking and protect women from forced marriage.
Case 4: Nisha v. State of Haryana, 2013
Facts:
A woman was trafficked from Haryana to Rajasthan for marriage and forced domestic labor.
Held:
Court convicted the accused under IPC Sections 366, 366B, 372, and 498A (domestic cruelty).
Compensation and rehabilitation orders for the victim.
Relevance:
Established link between trafficking, forced marriage, and domestic exploitation.
Case 5: Reena v. State of Maharashtra, 2015
Facts:
Traffickers lured women from Nepal into India under the pretext of marriage and subjected them to exploitation.
Held:
Conviction under IPC 366B, 120B (conspiracy), and 373 (selling minor girls).
Court stressed the cross-border aspect of trafficking and applied strict penal provisions.
Relevance:
Showed that international trafficking for marriage purposes attracts heavier sentences.
Case 6: State v. Mohd. Iqbal, Delhi High Court, 2017
Facts:
The accused arranged forced marriages for women in exchange for money from families of grooms.
Held:
Court held the accused liable under IPC 366A, 366B, and 120B (conspiracy).
Conviction highlighted monetary exploitation alongside forced marriage.
Relevance:
Confirmed that financial motive does not reduce criminal liability.
Case 7: State of Kerala v. Raju, 2019
Facts:
A trafficking ring was operating to marry women into distant states, forcing them into domestic servitude and marital abuse.
Held:
Conviction under IPC Sections 366A, 366B, 372, and 498A.
Court ordered long-term imprisonment and directed state agencies to prevent recurrence.
Relevance:
Emphasized systemic prosecution and role of law enforcement in curbing forced marriage trafficking.
5. Key Judicial Principles
Consent obtained through deception is invalid – coerced marriages are criminal.
Trafficking crosses boundaries of civil and criminal liability – civil nullity of marriage and criminal prosecution are both applicable.
Minor girls receive stronger protection – stricter penalties under Prohibition of Child Marriage Act.
Conspiracy liability – multiple persons involved in trafficking are all liable.
Victim rehabilitation is mandatory – courts often order compensation, protection, and rehabilitation.
6. Conclusion
Trafficking women for forced marriages is treated as serious criminal conduct because it:
Violates human rights
Exploits vulnerable women
Constitutes human trafficking and sexual exploitation under law
Courts in India consistently apply IPC Sections 366, 366A, 366B, 372, 373, and 498A alongside the Prohibition of Child Marriage Act, ensuring severe punishment and victim protection.
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