Criminalization of Offence of Forced Marriages in England - Essay Example

Criminalization of an Offence of Forced Marriages in England England is one of the most diverse countries in the world consisting of people from diverse cultures and religions such as Christians, Muslims, Jews, and Buddhists among others (Maruf 2012, p.4). However, for the society to be whole, marriage must take place, which is common among all the religions since in all the cultures it is seen a union between man and wife for the purpose of recreation. Majority of people in England view a legitimate marriage to be that which involves a woman and a man and is entered into out of free will (without coercion or duress) (Herald 2012). Nevertheless, there has been growing incidences of forced marriages where young girls are forced to marry men out of duress by their parents regardless of age. This, in some cases, takes place due to cultural practices of some of the groups of people in the society. However, rights movements, politician, and charity organizations have been advocating for the criminalization of forced marriage citing a number of moral reasons (Travis 2012). The crusade for the criminalization of forced marriage began several years ago, but their plight was considered when the British Prime Minister David Cameron supported the move by proposing legislation to criminalize forced marriage in the UK (Bari 2012). Nevertheless, some people still do not see the merit of criminalizing forced marriage in the country. The purpose of this paper is to examine how various organizations, individuals, and politicians in the country are working toward ensuring that forced marriage is criminalized in the country. Coercing someone into marriage without obtaining his consent is set to become a crime in the UK anytime from now (Butler 2012). This implies that any parent who will be found forcing his child into marriage will be liable for incarceration. Forced marriage refers to a situation where a particular marriage is performed out of duress without obtaining full permission from the parties to marriage (Butler 2012). The British Prime Minister David Cameron describes forced marriage as taking a young person boy or girl aged 15-16 off to another country forceful and marrying them to someone without their consent. He calls this a big crime, which has to be criminalized in the country. In his June speech, Cameron announced to the nation that he has listened carefully to their concerned raised by various crusaders from the criminalization of forced marriage in the country in a bid to protect victims from entering into marriages, which they do not consent to. In addition, he noted that the criminalization would also help deter parents from engaging into such practices due to the stiffer penalties that will be put in place by the legislation. Travis (2012) argues that the legislation will give victims the opportunity to choose whether to file a criminal suit in court of lodge a complaint to the police for prosecution of the parent engaging into such practices (Travis 2012). In addition, victims of forced marriage will also receive assurance that they will not be coerced to support prosecution against their consent. Gusfield (1984, P.58) argues that it necessary for those in power to use all means possible to assist those beneath them achieve a better status in the society. Therefore, he is one sociologist who would view forced marriage as an immoral act since it does not show respect to the children being forced to marry against their wish. The existing law is only dealing with the civil cases such as oppression, which does not provide a good remedy to the victims of forced marriage (Great Britain. Parliament. House of Commons. Home Affairs Committee 2008, p.49-52). In order to get enlightened about forced marriage in the nation, the government set up a Forced Marriage Unit to offer advice on cases related to forced marriage. A survey conducted in 2009 revealed that over 8,000 girls, boys, men, and women are coerced into marrying people without their consent (Travis 2012). Travis notes that more than a third of the victims were minors composed mainly of school going children who are forced to become wives in the country or foreign countries. The survey also revealed that close about have of those forced into marriage is teenagers below the age. In fact, the youngest girl ever reported having been forced into marriage was aged barely five years old according to Herald (2012). Apart from the effort put by the prime minister, the ministers are also trying as much as possible to ensure that forced marriage is criminalized in the country. In this regard, they are determined to ensure that criminal penalties are introduced punish those violating the protection orders of forced marriage, which will be used to bar children being taken in foreign countries to marry against their will. According to the Home Office civil servants, the new forced marriage will also introduce the criminal offence involving inducing someone into a forced marriage. In this regard, the ministered are determined at making a clear dissimilarity between arranged and forced marriage, where there is no permission (Travis 2012). To ensure that cases of forced marriages are reported to the relevant authority, the Home Office has made a move by giving funding to a tune of £500,000 to various agencies and schools to help them spot and report cases of forced marriages in the country. The Home Office is also organizing various campaigns aimed at creating awareness of the dangers associated with forced marriages. According to the Home Office, forced marriage is a form of slavery, which is untanable the country. It announced that everyone without intention of getting married should be left to remain single until a time the person feels ready to get married, which should also take place out of free will (Doughty 2012). The crusaders against early marriage entered into through coercion based their agreements mainly on moral grounds. They note that starting a family at an early age is not easy because the child or the teenagers being forced into marriages do not understand what marriage is all about (Craven 2003, p.13). Take, for example, a child aged five years who were reported to have been forced into marriage according to the Forced Marriage Unit (Doughty 2012). Such a child does not know anything to do with marriage and family values because she is still a child. As such, forcing her into marriage can be seen as a form of slavery, which cannot be allowed to continue in the modern society. Report also reveals that girls who are forced into marriages at a tender age by their parents or relatives end up being abused by their older husbands who in most cases turn against them (Becker 1997, p.26). The report reveals that such girls in most cases end up being raped or buttered by their husbands because they have no voice of anyone to turn to since they end up believing that their marriages are meant to last irrespective of the kind of abuse they undergo. Kippley (2006, p.58) reveals that a majority of young girls who are abused by their husbands after being forced into marrying them believe that their husbands have the right to do so. Forced marriage is also being discouraged in the UK because it leads to school dropouts when the children have not acquired enough education to be able to make decisions. This contributes to illiteracy in the country, which also discourage development in the society. Research has showed a direct relationship between illiteracy and poverty. As a result, it is reported that a majority of illiterate people in the society are poor. Therefore, those opposed to the forced marriage cite illiteracy as one of its consequences (Phillips 2010, p. 13-16). Diseases such as HIV and Aids are also a major concern to a majority of those opposed to forced marriage (Travis 2012). They note that some young boys and girls in England are forced to marry those who are sick already, which is morally wrong. This is because it is like subjecting someone to problems knowingly since some of the girls who are forced to marry men older than them end up contracting diseases, which affects their well-being in the society as noted by Cohen (2011, p.16-18). Therefore, it is immoral to allow forced marriages to continue in the society. The Muslim faith is an example of a religion that does not recognize forced marriage. According to Muslim culture, forced marriage is no marriage because it is an abuse of human rights. This is because it incarcerates the souls of the victims without dignity or respect. Survey also reveals that a majority women and girls forced into marriage undergo many sufferings. For instance, they are said to suffer from psychological problems such as manic disorders, social isolation, and eating problems. This is because they lack self-esteem, which comes because of being forced into marriage. Further, they tend to engage into immoral behaviors such as drug abuse, suicidal tendencies, and other mental problems according to Bangladesh National Women Lawyers Association (2001, p.92). The Church of England is also cited as having been preaching against forced marriage in the society. The church maintains that forced marriage is morally wrong and need to be criminalized in the U.K. As such, the church has been discouraging the faithful to ensure that they do not coerce their children to marry people whom they do not like. In addition, they are also at the forefront in advocating the criminalization of forced marriage in the country. The act is also against the Jews laws, which preach against forced marriage in the society (Herald 2012). The Muslim Imams in the UK is also at been at the forefront among those advocating for the criminalization of forced marriage in the country. As earlier stated, forced marriage is considered illegitimate according to Islamic faith as is, therefore, not recognized. According to Islamic faith, a marriage is only considered legitimate when both parties to the marriage consent to it and is duly witnessed. The faith maintains that Prophet of Islam outlawed any marriage induced through coercion. The reading goes, if a man forces his daughter to marriage without her consent, then such a marriage is illegitimate. Nevertheless, some Muslim cultures still allow forced marriage. However, through a seminar organized in 2009 at a Mosque in Eastern London with the theme of forced marriage, the main imam of the service gave a powerful speech in the presence of legal personalities advocating for criminalizing forced marriage in the UK. The imam stated that Muslims value marriage just like any other faith, saying that it needs only be between two partners who agree between themselves to live as husband and wife. The imam also went ahead starting that it is immoral to force a child into marrying someone whom he or she does not know because it amounts to right violation that its criminalization is more than overdue (Kazi 2012). Charity organizations in the U.K. have also been pushing for criminalization of forced marriage in the country. The Plan, a world children’s charity organization based in the U.K. and working in the poorest nations in the world to better the lives of children maintains that the victims of forced marriage need to be helped to get out of the problem. Through its director Marie Staunton, announced that that allowing forced marriage in the country trump the rights of children in the U.K. She says that the country through its leadership is failing in fulfilling its obligation by not protecting children who are being forced to marry men without their consent. She notes that such children end up suffering at the hands of their husbands without anybody or the government to protect them. She gives an account of several girls all over the world that the organization has helped from being handed out by their parents for marriage to older men some of which are older than the fathers of the children themselves are. Staunton is, therefore, advocating for the criminalization of forced marriage to help deter parents and guardians from giving out children for marriage, which lowers the dignity of the children in the society (Butler 2012). Karma Nirvana Charity organization based in England has been credited for her contribution in the fight against forced marriage in the country. Karma Nirvana was founded by Jasvinder Nirvana, a girl who was onetime victim of forced marriage at the age of 15. She says that she decided to set up the organization in a bid to help those who may be facing such a situation. The organization has been pushing very hard for the criminalization of forced marriage in the U.K. Karma Nirvana, a charity organization has been lobbying with the government to ensure that forced marriage is outlawed in the country. The organization was recently appreciated by the British PM during his announcement of the move to criminalized forced marriage. Cameron gave the organization a standing ovation for bring bringing to his attention the issue regarding the need to criminate forced marriage (Butler 2012). Conclusion Forced marriage has become a sensitive issue in the modern world especially because the world has undergone a transformation by moving away from cultures that oppress people in the society. Globalization has brought several changes in the family set up and values. Nevertheless, irrespective of the side taken by an individual or group, religion or culture, forced marriage is no doubt immoral, and should be criminalized in the country. Therefore, the move taken by the government to introduce legislation criminalizing forced married should be supported by all stakeholders in the country to help deter parents from forcing their children into marrying out duress. References Bangladesh National Women Lawyers Association 2001, Forced marriages: a blot in womens freedom of expression. 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Travis, A. 2012, Forced marriage to become criminal offence, David Cameron confirms. The Guardian, viewed 29 November, 2012 http://www.guardian.co.uk/world/2012/jun/08/forced-marriage-criminal-offence-david-cameron Read More