time to act on forced
marriages
The Forced Marriage (Civil Protection) Act
2007 comes into effect on 25 November 2008. It arrives
after almost ten years of discussion and debate about how
prevalent the problem of forced marriage is within our society and
how the issue is best addressed.
Following the investigations of a specially
formulated Working Group and a subsequent Government consultation
in which women's groups and campaigners such as Southall Black
Sisters and Karma Nirvana were approached for responses, it was
decided that criminalising forced marriages was not the best
approach. This conclusion was made on the basis that:
- there was already sufficient legislation to
deal with the criminal acts that were committed in connection with
forced marriages, such as kidnap, false imprisonment or
rape, and
- victims would be reluctant to seek help if they thought that
their relatives would end up with a criminal conviction
In November 2006, the issue arose again when
the Forced Marriage (Civil Protection) Bill was submitted as a
Private Member’s Bill. The bill was supported by the Government and
eventually passed as the Forced Marriage (Civil Protection) Act
2007.
The Act will empower courts to make Forced
Marriage Protection Orders (FMPO) to protect individuals who may be
forced into marriage or have already been forced into
marriages. The provisions are very much based on the
'injunctions' for domestic violence that are currently available
through the courts, with practically identical provisions for
applications to be made without notice and for warrants of arrests
to be attached and utilised in cases of non-compliance.
An interesting aspect of the Act is the
ability for a "relevant third party" to apply as well as the victim
themselves. Regarding who this shall be, suggestions have
included local authorities, concerned partners and other
professionals such as teachers or lawyers who may come across
potential victims, as well as a "new independent body" who may
facilitate more applications being made without a fear of upsetting
cultural sensitivities.
Whilst many are pleased that action has been
taken to deal with this 'human rights' issue, there has also been
widespread criticism, particularly dealing with what the Act fails
to do. It omits any means of providing financial provision or
compensation to victims, so what happens to those young financially
dependant individuals who are suddenly shunned and disowned by
their family for not 'complying for the sake of honour and
respect'? For those who are forced into a marriage, there is
no means of dissolving or annulling the marriage with victims
having to seek legal advice about their options for a divorce or an
annulment.
Time will tell whether the Act will be a
successful weapon against the issue of forced marriages.
contact
For any additional information, please contact
Irpreet Kaur Kohli, a solicitor in the Family team in the firm's
London office on 020 7814 5411 or email irpreet.kohli@bllaw.co.uk.
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