On August 04 2021,Daily Trust reported that a house wife poured hot water on the husband and injured many parts of his body. This was as a result of some quarrels they had that led to the incident. The House Wife narrated how she was forced into the marriage by her parents even when she resisted their decision because she didn’t like the man she was told to marry.
Forced marriage is not just peculiar to Nigeria but other countries. In some quarters, it is seen as a normal way of life, as parents think they are doing their children good by insisting they marry a particular man against their will. Some parents say it is because they have the best interest of their child hence when a prospective suitor comes asking for their child’s hand in marriage, there is absolutely nothing wrong forcing such a good suitor to their child if she resists their decision to marry such suitor. Can we say a parent(s) have the best interest of their children when they force them into marriage/ is forced marriage different from arranged marriage? We shall examine these.
WHAT IS FORCED MARRIAGE?
This is a situation when one is pressured into a marriage without their free will. It is a situation when one consents to a marriage that they will not have consented to if the pressure was not present. The pressure can come in form of physical threats, financial threats or psychological i.e making you emotionally guilty for bringing shame or dishonouring your parents if you insist on your choice. Under the Marriage Act in Nigeria, consent is an important factor in marriage and a marriage can be void in the absence of consent.
HOW IS FORCED MARRIAGE DIFFERENT FROM ARRANGED MARRIAGE.
Both are very common today and what distinguishes both is consent. In forced marriage, the child is under pressure to consent, in arranged marriage, consent comes freely from the children. In arranged marriage, parents are involve in selecting a partner e.g a business associate, family friend, childhood friend and bringing him/her to the awareness of the child. It is up to the child to decide if they will consent marrying such or not. There is absence of pressure of any kind in arranged marriage.
WHAT IS THE POSITION OF THE LAW IN FORCED MARRIAGE?
It must be noted that forced marriage is a form of abuse against women, men and children. It involves emotional, psychological,physical, financial and even sexual abuse. The United Nations recognizes it as a form of human abuse, the Universal Declaration of Human Rights states that the right of a person to choose a spouse and enter a union freely is central to their life and dignity, equality as human beings.
In Nigeria, S.13 of the Violence Against Persons (Prohibition) Ac t(2015) clearly criminalizes and declares forced marriage as a harmful traditional practice which is unlawful. The Constitution of Nigeria clearly provides for the Right to Personal Liberty, Dignity of Human Person, Right to Freedom of Thoughts, Conscience and Religion, these are fundamental rights of every Nigerian citizen and forced marriage is a violation of these rights. S.3(d) of the Matrimonial Causes Act states a marriage will be void where consent was not obtained or wrongly obtained. In the case of Dr. Osadiaye Osamwonyi v. Itohan Osariere Osamwonyi, the Supreme Court emphasized the necessity of consent by parties for a marriage to be valid.
The Child Rights Act (2003), S.21 also criminalizes child marriage where it declares such marriage null and void. The major problem is that some states are yet to adopt the Child Rights Act as laws in their states. For more on child marriage, see my article on child marriage https://barristerng.com/child-marriage-in-nigeria-by-success-oghosa-osasogie/
WHAT IS THE WAY OUT FOR VICTIMS?
Victims can seek enforcement of their fundamental rights as forced marriage is a breach/violation of the Right to Personal Liberty, Dignity of Human Person, Right to Freedom of Thoughts, Conscience and Religion which can be enforced in the law court. Also, under the Matrimonial Causes Act, absence of consent is a ground for a void marriage. An action can be maintained under the Child Rights Laws of various states. This will apply only where states have ratified the Child Rights Act.
CONCLUSION
There is still a lacuna in our laws regarding forced marriage. Some Northern States are yet to ratify the Child Rights Act and most times cases of forced marriage come from this region. The VAPP Act which criminalizes forced marriage is not enforceable in states yet to ratify the act. The issue of betrothal is still practiced in some areas and this should be condemned. Marriage is a union between two consenting adults, an adult should not be put under duress just to consent to marriage. A child should not be forced into a marriage just because consent of parents has been obtained as required under the Marriage Act(S.18). A child is not capable of consenting to marriage and consent from parents as valid consent should be discouraged. Child marriage is a form of forced marriage.
This content is the Writer’s opinion. Legal advice should be sought where necessary. The Author can be reached via:
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