Forced marriage is a serious issue that infringes upon fundamental human rights, particularly the right to freely choose a life partner. In Pakistan, forced marriage is not only a social and cultural problem but also a violation of the law. This article will explore the legal consequences of forced marriage in Pakistan, referencing the relevant laws, high court and Supreme Court decisions, and Islamic perspectives.
Relevant Laws Addressing Forced Marriage in Pakistan
1. Pakistan Penal Code (PPC), 1860
Forced marriage is explicitly addressed under Section 498-B of the Pakistan Penal Code (PPC), 1860. The section, titled “Zabardasti Shadi” (زبردستی شادی), penalizes individuals who coerce women into marriage. It states:
“Whoever compels or induces any woman to enter into marriage shall be punished with imprisonment which may extend to seven years but shall not be less than three years and shall also be liable to a fine of up to five hundred thousand rupees.”
This law ensures that forced marriage is recognized as a criminal act, punishable under the legal framework of Pakistan.
2. Child Marriage Restraint Act, 1929
Under this act, forced marriage of minors is strictly prohibited. The act prescribes penalties for solemnizing or facilitating the marriage of individuals below the legal age:
- The legal marriage age is 16 years for girls and 18 years for boys.
- Violators, including parents and guardians, can face fines and imprisonment.
3. Prevention of Anti-Women Practices Act, 2011
This act addresses harmful practices such as forced marriages, including those under the guise of cultural traditions like Watta Satta or Vani. It aims to curb gender-based injustices and prescribes penalties for offenders.
4. Constitution of Pakistan
Article 9 and Article 35 of the Constitution safeguard the dignity of individuals and protect family institutions. These provisions implicitly prohibit forced marriages as they undermine individual dignity and the sanctity of family life.
High Court and Supreme Court Decisions
1. High Court Case: Shazia v. State (2016)
In this case, the Lahore High Court ruled that forced marriage is a violation of fundamental rights under Article 14 (right to dignity) of the Constitution. The court emphasized that coerced consent cannot be considered valid.
2. Supreme Court Case: Hina v. Jameel (2018)
The Supreme Court reaffirmed that forced marriages are null and void under Islamic law, which requires free and willing consent from both parties. The judgment further reinforced the penalties prescribed under Section 498-B PPC.
Islamic Perspective on Forced Marriage
Islam places significant emphasis on mutual consent in marriage. The Quran states in Surah An-Nisa (4:19):
“O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality.”
This verse explicitly forbids compelling women into marriage, affirming their right to make independent choices regarding their marital life.
The Hadith further reinforces this concept. The Prophet Muhammad (PBUH) stated:
“A previously married woman has more right to her person than her guardian, and a virgin’s consent must be asked about herself.” (Sahih Muslim)
Legal Recourse for Victims of Forced Marriage
Victims of forced marriage in Pakistan can take the following legal steps:
- Filing an FIR:
Victims or their guardians can file a First Information Report (FIR) under Section 498-B PPC against the perpetrators. - Annulment of Marriage:
A victim can file a suit in the family court to annul the forced marriage. Courts often rule such marriages void. - Protection Orders:
Victims can seek protection orders from the court to prevent further harassment or coercion by the offenders. - Legal Representation:
Advocates such as Azam Ch Advocate from Sattaria Law Associates can assist victims in navigating these legal challenges. Contact:
- Mobile & WhatsApp: +923006954414
- Office: 220, 221, 222 District Courts, Okara
- Google Map Location
- Website: www.azamchadv.com
Frequently Asked Questions (FAQs)
1. What is the punishment for forced marriage in Pakistan?
Under Section 498-B PPC, the punishment ranges from three to seven years of imprisonment and a fine of up to five hundred thousand rupees.
2. Can forced marriage be annulled in Pakistan?
Yes, victims can file a case in family courts to have the marriage declared null and void.
3. What is the legal age for marriage in Pakistan?
The legal age is 16 years for girls and 18 years for boys under the Child Marriage Restraint Act, 1929.
4. Is forced marriage a violation of Islamic law?
Yes, forced marriage is against Islamic principles, which mandate free and willing consent from both parties.
5. How can victims of forced marriage seek help?
Victims can file an FIR, seek protection orders, and consult legal professionals like Azam Ch Advocate for legal representation.
For professional assistance in forced marriage cases, contact Azam Ch Advocate:
- Office: 220, 221, 222 District Courts, Okara
- Mobile & WhatsApp: +923006954414
- Google Map Location
- Website
