Forced Marriage in India: Not Tradition — Persecution Under International Law

Last updated: 5 October 2026

Photo: wedding - Johan Bichel Lindegaard

India forced marriage is often described as "arranged" or as "tradition." However, international law is clear. When a marriage takes place without the free and full consent of both spouses, it is forced marriage. It is a serious human rights violation. Moreover, it can amount to persecution under the 1951 Refugee Convention. This guide explains the difference between arranged and forced marriage in India. It also sets out the legal framework, the forms of coercion used, and the implications for asylum claims.

Every year, millions of women and girls in India are married against their will. Many are still children. Families use pressure, threats, economic coercion, and sometimes violence. For women who flee abroad, a strong asylum case depends on evidence. Our expert witness team supports legal practitioners with country-of-origin reports, legal analysis, and survivor-focused evidence.

Arranged vs Forced: The Key Difference

Many people confuse arranged marriage with forced marriage. These are not the same. An arranged marriage is a union where families help to choose the spouse. The key point is that both people give their free and informed consent. They can say yes. They can also say no, without fear.

A forced marriage is different. One or both of the spouses do not consent. Or their consent is not genuine because it is given under pressure, threats, or violence. The United Nations is clear on this definition. The CEDAW Committee has stated that consent given under duress is not valid consent.[1]

In India, the line between the two is often blurred. Families may present a marriage as "arranged" even when the bride is 14 years old and has never met the groom. She is told to obey. Refusal brings shame, beatings, or expulsion from the home. In many cases, girls are told the marriage will happen whether they agree or not. This is not tradition. It is coercion. Therefore, international law classifies it as forced marriage.

Scale of Forced and Child Marriage in India

India has the largest number of child brides in the world. According to UNICEF, about 27% of Indian girls are married before the age of 18.[2] The total number is estimated at 23 million. In rural areas, the figure rises to 40%. Furthermore, in some states, more than half of all girls are married as minors.

The problem is not limited to children. Adult women also face forced marriage. The National Family Health Survey 5 (2019-2021) found that many women had no say in choosing their spouse. Women from Dalit, Adivasi, and rural Muslim communities face the highest risk. In addition, the COVID-19 pandemic increased the problem. Schools closed, families lost income, and rates of child marriage rose sharply during 2020 and 2021.[3]

India's Legal Framework on Forced Marriage

On paper, India has strong laws against forced and child marriage. In practice, enforcement is weak. The main law is the Prohibition of Child Marriage Act 2006 (PCMA). It sets the minimum marriage age at 18 for women and 21 for men. A marriage below these ages is "voidable" — the child spouse can have it cancelled within two years of reaching adulthood. However, the marriage is not automatically void. The child remains married unless she takes legal action.[4]

Penalties under the PCMA include up to two years of imprisonment and a fine for adults who take part in a child marriage. In reality, prosecutions are rare. According to National Crime Records Bureau (NCRB) data, only a few hundred cases are registered each year. This is a tiny fraction of the millions of child marriages that actually occur. Police, local officials, and community leaders often ignore complaints. In some areas, they take part in the marriage themselves.

Section 375 of the Indian Penal Code defines rape. After the Criminal Law (Amendment) Act 2013, the definition was expanded. However, Exception 2 to Section 375 still exempts marital rape if the wife is over 18. This "marital rape exception" means that a husband cannot be prosecuted for raping his adult wife under the IPC. In October 2023, the Supreme Court reserved judgment on the issue. The exception remains a major gap in protection.[5]

Forms of Coercion Used by Families

Forced marriage in India rarely involves direct physical force. In most cases, families use a mix of pressure, threats, and social tools. The result is the same: the woman does not have a real choice.

The most common form is family pressure. Parents, uncles, brothers, and grandmothers all tell the girl that refusal will bring dishonour on the family. Second, economic coercion is widely used. Families cut off food, take away phones, and stop education. Third, threats of honour-based violence are real. Women who refuse a marriage have been beaten, locked up, and in some cases killed. Finally, kidnapping still occurs, especially in rural Uttar Pradesh, Bihar, and Haryana. The practice is called "pakadwa vivah."[6]

The "Family Will Find Me" Problem

A common argument in asylum cases is that the woman can simply move to another city in India. This is called "internal relocation." However, for women fleeing forced marriage, internal relocation often fails. Families in India are well-connected. Relatives and caste networks stretch across the country. A young woman on her own, without money or documents, is easy to trace.

There are several reasons why internal relocation does not work. First, the Aadhaar biometric ID system, linked to bank accounts, rental agreements, and SIM cards, makes it hard to hide. Second, landlords often require family references. Third, women living alone face suspicion and harassment. Police may return them to their families on request. In some states, village councils (khap panchayats) actively search for women who leave without permission.[7]

The UK Upper Tribunal has recognised these problems. In SM and others (lone women — Ostracism) Pakistan CG [2016] UKUT 67, the Tribunal accepted that lone women in South Asian societies face serious risks. Similar reasoning has been applied in Indian cases. A woman with no male family support, and who fears her natal family, often cannot safely relocate.

Asylum Cases That Succeed

Asylum claims from Indian women fleeing forced marriage can succeed, but they require careful preparation. The leading principle in UK case law is that the state is unable or unwilling to protect the woman. In cases such as NH (PSG — Pakistani women) Pakistan CG [2009] UKAIT, the Tribunal recognised that "women in Pakistan" can form a particular social group. Similar reasoning applies to Indian women facing forced marriage.[8]

Key factors that help a claim include: evidence of threats from the family, evidence that police refused help, evidence of the woman's background (caste, religion, rural or urban), and country evidence that internal relocation is not safe. Our country reports provide up-to-date analysis for practitioners. In addition, the asylum guide explains how to build a well-founded claim.

States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure... the same right freely to choose a spouse and to enter into marriage only with their free and full consent.
CEDAW, Article 16(1)(a) and (b), 1979

International Law on Forced Marriage

International law treats forced marriage as a serious human rights violation. The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages 1962 requires free and full consent. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979, in Article 16, guarantees women's equal right to choose a spouse. India is a party to CEDAW, with a declaration on Article 16 that has drawn criticism.[9]

The UN Human Rights Council has recognised forced marriage as a form of gender-based violence and, in some cases, as slavery. The 1956 Supplementary Convention on the Abolition of Slavery lists "servile marriage" as a slavery-like practice. In addition, the Rome Statute of the International Criminal Court recognises forced marriage as a crime against humanity when part of a widespread or systematic attack.

For asylum purposes, the 1951 Refugee Convention provides protection. Women facing forced marriage can claim under the "particular social group" (PSG) ground. UNHCR's Guidelines on International Protection No. 1 and No. 2 confirm that women fearing gender-based violence, including forced marriage, can be refugees.[10]

Particular Social Group for Asylum Claims

To win an asylum claim based on forced marriage, the claimant must show membership of a particular social group (PSG). In UK law, the leading case is Fornah v Secretary of State for the Home Department [2006] UKHL 46. Lord Bingham and Baroness Hale confirmed that women facing gender-based persecution can form a PSG when the state fails to protect them.[11]

Possible PSG formulations for Indian women fleeing forced marriage include: "women in India," "women facing forced marriage from their family in India," or "young women in [state] unable to access state protection from forced marriage." Practitioners should frame the PSG with reference to the specific facts of the case. In addition, the claimant should show that the harm is serious (rape within marriage, honour violence, deprivation of liberty) and that the state is unable or unwilling to protect her.

Key evidence includes medical reports, witness statements from other family members, police reports (or evidence that police refused to act), and expert country evidence. Our human rights analysis covers these issues in detail. A well-prepared expert report is often decisive.

Conclusion

India forced marriage is not a cultural practice to be respected. It is a serious human rights violation recognised by international law. Millions of Indian women and girls are forced into marriage each year. The Indian legal framework is limited, enforcement is weak, and internal relocation often fails. For asylum decision-makers, the key point is simple. Forced marriage meets the test of persecution when the state is unable or unwilling to protect the woman. The 1951 Refugee Convention, read together with CEDAW and the 1962 Marriage Convention, provides clear grounds for protection.

For legal practitioners, building a strong case requires current country evidence, survivor-focused testimony, and expert analysis. The expert witness service at The Human Rights Centre supports lawyers and NGOs working with Indian women asylum seekers. The language of "tradition" should not be used to justify persecution. Forced marriage is persecution, and the law should treat it as such.