Forced Marriage: A Violation of Human Rights

By  Munazza Abbasi LL.B  (Hons )

Part 4

In the UK, 49% of victims encountering forced marriage were between the ages of 17 and 30, and children under the age of 16 accounted for 41%. This is shown in the table below: Figure 1.4 Age of forced marriage victims in the UK: Statistical Analysis:

It is almost impossible to identify the number of forced marriages that occur annually in the UK, as many forced marriage cases are not reported. Therefore, a recorded figure of the amount of these cases is unavailable. The Foreign and Commonwealth Office’s (FCO) Forced Marriage Unit (FMU) however, has attempted to provide a figure of around 300 cases that they deal with every year with 65% of known cases involving Pakistani victims, 25% from the Bangladeshi heritage, a small percentage from India, and the rest spread across the globe. Although it is not a religious problem, Muslims accounted for 90% of the cases. In the first nine months of 2008 alone, over 1,300 incidences of suspected forced marriage were reported to the FMU, an increase of 79% over 2007. Cases also come to the attention of the police, social care services, health, education and voluntary organisations. Nonetheless, this is not an exhaustive figure and is considered to be a gross underestimate of the problem, as the FMU team suggests that many cases are unreported for fear to personal safety. The figure provided by the FMU is not a definite figure, as it varies depending on the source. A women’s organisation dealing with the issue, Karma Nirvana in Derby, receives 300 calls for help annually. Judge Marilyn Mornington, who deals with family cases in the county courts of South Yorkshire, suggests that the FMU deals with around 500 cases of forced marriage a year, with a further 1000 calls received relating to individuals. She also warns that official statistics on forced marriages in the UK are “tip of the iceberg.” Taking into account the figures provided, even “one forced marriage is one too many.”

The majority of forced marriage cases were reported in Scotland and London, and were dealt by local or regional women’s organisations and the police. The above two figures illustrate that the number of forced marriage cases differ according to the location and the source, organisation or authority dealing with the issue. It is therefore, difficult to ascertain the exact number of cases that occur every year in the UK. The amount of cases being reported have, nonetheless, arisen in comparison to the previous years, as more victims feel less vulnerable to speak out now, as they have been made more publicly aware that a listening ear and a helping hand is available for them. Although women account for the majority of the forced marriages that occur (85%), of cases concern male victims. This figure is much lower, as men are often the dominating sex, and thus, are not always subject to the same cultural expectations as women. Also, as Vinnay Talwar, head of the FMU suggests that “[i]n a [forced]”, and therefore, marriage situation it involves rape, which doesn’t happen to men women are much more adversely affected. Consequential Acts of a Forced Marriage Perpetrators Acts where victim refuses to marry Honour violence crimes occur where the victim who is being forced into marriage refuses to enter such a marriage, and the family members will often go to such extent of torturing and abusing the victim to coerce them in to consenting to the marriage. In the most extreme scenarios, this leads to honour killing. Often resulting from family or community pressure, the victim will be murdered as she is seen a stain on the family name and honour which needs to wiped off. An example of this is the case Of Banaz Mahmod, a victim who paid the ultimate penalty of falling in love against her parents’ wishes, as she was murdered by her family members for escaping her forced marriage and seeking to remarry a spouse of her choice. Her body was hidden in a suitcase. This “notorious” tragedy occurred despite her informing the police on four separate occasions that she was going to be killed. Another case of relevance here is the case of Rukshana Naz, a 19-year-old woman who had been forced into marriage and was murdered in 1998. The mere justification to this was the fact that she became pregnant by her lover. Her brother strangled her while her mother held down her feet. Her mother said: “It was written in her kismet [fate].” Victims’ Acts when being / after being forced into marriage

The victim running away from home is witnessed to be a safer and easier option to escape being forced into a marriage they do not want. This will mean victims will often break all ties of relationship, love and affection from their friends and families, which would be very difficult to regain, as once a glass is broken, it can never be fixed. Emphasis is placed on the sensitivity and fragile nature of the issue. A case study illustrates that a Pakistani girl who was being forced into marriage by her “vali” (father) escaped to her female cousin whom she tied a bond with in a court marriage. In return, her female cousin underwent gender reassignment surgery to become a post operative transsexual, in order to become a male to support her in the eyes of the society that would look down on her. Once they leave home, victims face further problems, including financial support, accommodation, living expenses, lack of support from friends and family, thus gaining a level of independence, which they would not have had previously would be hard to cope with. A further risk to health problems is then posed. Depression or anxiety is a major cause of such acts. Reduced performance and attendance at school, college or university is seen by teachers. Living in a constant fear for the rest of their life is another daunting consequence of being forced into marriage. The major concern, as the Forced Marriage Unit suggests is that the victim suffers from isolation and very low self-esteem. In the most unfortunate of cases, the victim might commit suicide to alleviate all these problems. Studies have suggested that the rate of suicide among young Asian women is 2-3 times higher than the national average. Forced marriage is one contributory factor to this disproportionately high rate according to the Newham Asian Women’s project. The case of Shafilea Ahmed is to be welcomed here. The case involved a young girl who drank bleach in protest to the marriage her parents had arranged for her. In response to her protest she was brutally murdered by her parents. In other situations, however, where the victim is living unhappily in her marriage, she may inflict harm on her husband, or even kill them. One of the first and most famous case of victory against oppression from forced marriages dealt by the Southall Black Sisters (a non profit human rights organization highlighting and challenging violent against women). There also was the case of Kiranjit Ahluwalia, an Asian woman who set fire to her husband Deepak in May 1989 after suffering his brutality for 10 years She was charged with murder and imprisoned for life, with a recommendation she serve 12 years. Southall Black Sisters states on its website that the case “did much to raise awareness of domestic violence and to understand the plight of women trapped in such situations.” Three years after she had entered prison, Ahluwalia was released, and her conviction was reduced to manslaughter on the grounds of diminished responsibility. This can be contrasted with the case of Mohammed Azam who sexually abused his wife, Zoora Shah who in turn administered Arsenic. She was found guilty of murder and sentenced to 20 years. Her case was not as successful as Ahluwalia’s, as the defence of diminished responsibility could not be relied upon. Despite these acts, many helpless victims often suffer in silence with no resort to turn to for help. Why forced marriage is an erroneous practice Women allow themselves to be sheltered into a marriage that they do not want tends to be a cultural issue, and pressure from local communities. However, it must be noted that “all the invisible but oppressive rules laid down by ‘the community”doesn’t give you the ‘special pass to happiness.’ The victim feels they need to carry on the traditions of their family; otherwise they will bring shame to their family name, and as a result will be disowned by their family. However, it could be a matter of education of the victim. It may have failed to be demonstrated to them that in a marriage situation, they do have a choice which they are indeed free to exercise. The victim and the family may not even consider the problem that forced marriage is unacceptable, as the practice will be so embedded in their customary traditions, they will often fail to even concede that the practice is objectionable. The main reason for the practice occurring, as suggested by Hannana Siddiqui, is that “[t]here is a risk of religious fundamentalism. There is more pressure on women to conform to traditional roles.” Therefore, refusing to conform to those roles as a woman, will consequently be disrespectful to the parents making their choices, and will bring dishonour to the family. Tackling the problem — need for a legal reform. The claim that forced marriages is a culturally acceptable practice that derives from customary beliefs demands the measuring up of culture against the stance of moral and ethical religious beliefs, in order not to diffuse cultural relativism with moral and religious beliefs.