Last year the government brought in the Forced Marriage (Civil Protection) Act, which aims to protect the actual and potential victims of forced marriages. Some say the Act is without teeth as is does not criminalise those who force others into a marriage against their will; it only provides civil remedies to the victims of forced marriage. Under the Act, the court can order those forcing another into marriage to stop doing so; or impose requirements upon them. If a person fails to comply with the court order (known as a Forced Marriage Protection Order) they could be sent to prison for contempt of court.
Forced marriage is a marriage without the full and free consent of both parties. It is a form of domestic violence and an abuse of human rights. Forced marriages are not arranged marriages, and cannot be justified on either religious or cultural grounds. In an arranged marriage the family will take the lead in arranging the match but the couples have a choice as to whether to proceed. In a forced marriage there is no choice.
The government has now launched a consultation exercise looking at who should be able to take action under the Act to stop a forced marriage. The consultation asks whether people (or organisations) other than the victim of the marriage should be able to take action. For example if the victim does not want to take action against their own family, or has been taken out of the country or imprisoned in their home, should someone else be able to step in on their behalf? Should friends, teachers, social workers, women’s rights groups or local councils be allowed to intervene to prevent a forced marriage? Under the proposals, the police would have the power of arrest where there was a risk of significant harm to the victim and anyone breaching the court order would be in contempt of court and liable to a fine or up to two years in jail. The third party would not need to get the victim's permission before going to court.
The consultation paper can be found at http://www.justice.gov.uk/publications/cp3107.htm The government welcomes responses to the consultation from anyone with an interest in or views on the subject.
We already have a Forced Marriage Unit (run by the Foreign & Commonwealth Office and the Home Office) which develops government policy on forced marriage, coordinates outreach projects and provides support and information to those at risk. The FMU deals with around 300 cases each year, and as well as providing support and information, can become involved in helping to bring victims married overseas back to the UK. Contact 020 7008 0151 or email fmu@fco.gov.uk.
Meredith Thompson