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This report is mentioning about the family law and it is mainly discussing about the forced marriage protection order. It is mentioned about the UK law regarding forced marriage and able to identify the effectiveness of the law. There are several laws which are conducted by the UK government as well as by the different agencies to protect the policies. Through this report it is able to get a better understanding about the family law and the forced marriage and able to get a better idea about the laws related to forced marriage and FMPO.
EFFECTIVENESS OF FORCED MARRIAGE PROTECTION ORDERS
According to Justice (2013) from the Parliament of UK it has introduced the Forced marriage (civil protection) act 2007 and it has provided solutions for the threatened marriages and for the forced marriages. From the act it is provided civil remedies to avoid the forced marriages and to reduce the damages happen due to forced marriages. This law is not only for the people who faced the forced marriages but also for the people who encourage for forced marriages. According to the Ethics guide (2013) it can be due to threat of parents or threat of suicide and etc. Any person who faced for such situation can apply for the forced marriage protection order under the forced marriage act 2007. Third parties also can apply for a protection order belongs to the victims and it is includes the friends, family members, relatives, voluntary workers and police officers. According to MSN news (2013) from the east it is protecting the victim and supports to maintain the community discipline.
According to Ethical Guide (2013) when the marriage takes place without free consent of two parties it comes under the forced marriage. It can be a physical force or can be an emotional pressure. It can mention as a psychological abuse as well. According to Sabbir (2013) when it is conduct arranged marriage both parties have the freedom to make decisions and their parents lead the selecting the partner.
This forced marriage act is supported when it is being forced into a marriage or when the person already in a forced marriage. Based on the each case there are several differences and they are forcing in a different manner. There are several reasons behind this force and it is important to identify such situations by the lawyers. Gov. UK (2013) states that the court is able to make orders to protect the person from the forced situation or able to arrest the person who doesn’t obey the order. According to the UK law when someone not obeys the court order can send to prison up to two years by considering the forced marriage law.
With the permission of the court any person can apply for an order regarding their rights and their relative’s rights. Adults as well as children can apply to the force marriage protection order and they are able to make the order through legal representative or the court agrees. There are victims that worried about coming to court and in such situations they are able to get a separate court waiting rooms, separate court entrance and exits. Parking on court premises to make easy to access to the court, and etc. some of the courts are providing witness protection facilities as well. According to Claire (2013) when there are situations that the victim worried about giving evidence in the courtroom it is able to apply for another method of giving evidence. But a court has to agree with any other process such as video recording evidence, live TV/ video links, or screens to cover the witness and etc. if the victim is disable court is able to provide special facilities and they need to contact the court on this matter. If they have language issues it is required to inform the court to get support.
According to Gov. UK (2013) it has launched a consultation paper by government by UK as forced marriage, a wrong not a right” and through this they check the individuals, professionals view points about the forced marriage and whether it should be criminalized. Regarding the victims those who are into marriage already is able to get refuges and also they can obtain a non molestation order in their case. According to HM government (2009) by 2011-2012 it is created consultation and it is mainly fight against the forced marriage such as the criminalization of forced marriages and criminalizing the breach of a forced marriage protection order. As the Foreign and Common wealth office (2005) when it is considered the UK situation there are different cultural people from different religions and it is affecting for the forced marriages. Most of the Muslim women are facing this issue in the UK and their family members forcing them to marry as a cultural requirement or due to personal matters. According to MSN (2013) MR Justice Homan mentions that it is required to improve the effectiveness of the forced marriage protection order since there are many women that became victims of forced marriages. There was a case against two women in Bedfordshire and they accused of breaching a forced marriage protection order relates to Muslim wedding. Since their legislation is not strong enough it was not able to make a proper solution for this case even the teenage girl complain about her relatives. But the two women said that they didn’t force the girl to marry. Therefore police was not able to make the proper legal reaction against the women to bring it to civil courts.
According to Sabir (2013) in 2012 forced marriage Unit (FMU) helped 1485 forced marriages and from them 18% of the victims are males and most of them are women. 47.1% of the cases relate to the Pakistani origin those who are living in the UK. According to findings there are more than 10,000 forced marriages in each year and most of them are from Muslims. According to Nazia (2008) Courts have the power to make decisions against the breaching the protection order but its effectiveness is not clear enough. Due to the fear of ending up victim’s relatives in prison most of the victims are kept silent themselves and don’t take legal actions against the situations.
According to Nick and Nazrin (2013) when it is considered the Bedfordshire case study related to a daughter, she married in London and after a few months she alleged that her husband raped her. As Department for children, skills and families (2009) mention, but the court dismissed the case since daughter protected her parents from prison and police were not able to make action due to this matter.
According to Claire (2013) 16 year old girl forced to marry by her mother and aunt. She claimed that they told her if she refused the marriage she would talk to Pakistan and shot. Regarding forced marriages there is physical violence, physical threats, and also financial abuse. Some of the parents force their daughters to marry to a person for money or for some other benefits.
According to Pat (2013) there is a case regarding Sebiya who came to UK from Sudan following a forced marriage. Once she had beaten by her husband and when she went to hospital though the consultant she was able to make action against her forced marriage.
According to IBN live (2013) UK government says that during the school holidays there are a high number of forced marriages. There are many students from the Indian subcontinent to UK and during the vacation they use to visit their relatives and faced for forced marriages. According to IBN live (2013) there were 400 reports between Junes to august 2012 regarding forced marriages. According to the reported cases about 47.1% reports from Pakistan origins and 11% of them are from Bangladesh and 8% of them are from the Indian origin.
As Pat (2013) states, according to the records of the forced marriage unit there were 1682 forced marriages in 2009 and it has increased to 1735 by 2010. In 2011 it was 1468 and by 2012 it was increased to 1485 again. 114 cases related to the disable young people and 82% of victims are females. According to David (2013) with this situation it has added new 19 sections to the family law act to protect the victims and hope was to use the act as a civil act rather than using it as a criminal act. But with the increase of forced marriages it has changed the bill in 2012 and currently operating as criminal law. When there is forced marriage protection order victims are able to protect themselves and as a government they are able to maintain the behaviour in the society. According to David (2013) it supports to maintain the family life more meaningful manner. Through the forced marriage protection order it is able to take action against the people who break the law and try to take advantage from younger adults.
IS THE GOVERNMENT (UK GOVERNMENT) RIGHT TO INTRODUCE CLAUSES IN THE ANTI-SOCIAL BEHAVIOUR CRIME AND POLICING BILL TO CRIMINALIZE BOTH FORCED MARRIAGE AND THE BREACH OF FORCED MARRIAGE PROTECTION ORDERS
As David (2013) mentions, by the government of the UK they have introduced several policies to protect the victims of forced marriages and by 2012 the government has changed the policies and introduced the new criminal offense. According to the new law forcing to someone for marriage is a criminal offense in the UK. According to the new law there is a 12 week consultation period to check viewpoints and it is using a range of measures to identify the situation. As Legislation. Gove. UK (2013) mentions, through that government is trying to protect and support the victim. They are trying to prevent the future cases through better policies and practices. As BBC (2005) mentions, it has started many programs to prevent the forced marriages and from the consultation response document it is mentioning the government proposals regarding the forced marriage and what type of strategies will take to prevent the situation.
According to the document there is a work development program for next three years and through the program it is able to protect the children and young people from the forced marriages. According to UNFPA (2007) there is a summer awareness program to reduce the risk during the summer and when the school conduct programs during the summer students are unable to go abroad during that period. According to IPS (2006) from the nationwide engagement program it is improving training programs for professionals. As Declan (2008) states, according to the document government criminalize the breach of a forced marriage protection order.
According to the consultation on forced marriage, there are some arguments regarding criminalization and it has divide as for and against. Under the “for” arguments it is unable to send clear signal to force a person to marry. It is empowering young people to challenge their parents. According to the annual report (2012) from the new office it is able to understand the person has forced into marriage. Through the new offense it is able to punish the perpetrator. Against arguments shows that victims may not get support from their family members face trouble due to this legislation. According to Nick and Nazrin (2013) due to this document parents take their children aboard to avoid the law and to force them for marriage. According to Statistic brain (2013) there are 153 clauses and 8 schedules of anti-social behaviour, crime and policing bill relates to anti-social issues and it includes the breaching a forced marriage protection order and forced marriage. There are 103 clauses for FMOP and 04 clauses for forced marriage. There is a new part as 4A in the forced married act 2007 and according to the law it is providing specific civil remedy for forced marriage protection order.
According to Akhtar (2006) by considering the current situation in the UK there is a right for UK government criminalizes both forced marriage and the forced marriage protection order. When the country maintains the law under civil law they were unable to follow the government law and obey the regulations. Even it operates as civil law there was an increase in the number of forced marriage when it is compared the ear 2012 with year 2011. According to Matakae (2010) with this situation most of the young children are unable to do their studies and they faced both physical and mental disorders and illnesses due to this forced marriage.
As Katz (2007) mentions, to increase the health level and the social behaviour in effective manner it is required to have proper policies and laws to protect the young teenagers and young adults. When the policies are not strait enough parents don’t care about the country policies and they make actions according to their needs. According to Saul (2013) since most of the different religious people do their studies in the UK it is important to protect them from the violence situations and for that as a government they need to take actions. According to Huffington post (2013) in 2012 the government made the changes in the law to protect the victims and to provide the best life in the UK.
Statistic brain (2012) mentions, forced marriage protection order were criminalized after the recent case related to Bedford shire police V RU and FHS (2013) EWHC 2350 and Mr. Justice Holman highlighted the weaknesses in the forced marriage act. According to the 1996 act there is power to arrest the person when the breach of the order is not offended. According to the new changes in the page `0`7 of Oct 2013 it are mentioned that forced marriage is a criminalized. According to Gov. UK (2013) with these changes it is able to change the policies and laws regarding the forced marriage and able to take effective actions against the situations. Since parents use to take their children to other countries for their marriages with this policy change as a government they are able to take action even the parents take wedding ceremony in another country.
Even there are policies and laws regarding the forced marriages school wise or university wide they are able to control this situation. Teachers are able to keep their attention for the children and should be friendlier with them to identify their family issues and personal issues. Through that they are able to get a better understanding about the children before they face such issues. Also it is able to get the parents to schools to educate them about the marriage and the importance of the education. Through this process it is able to change the mindsets of the parents and able to control the situation up to some extent. It is able to reduce the vacation period and can arrange some programs for vacation to keep the students in the country and it can be school trips, sport activities and etc. through that also it is able to reduce the children that visit other countries during the vacations.
Forced marriages are common in the UK and it is required to take actions against the forced marriages to protect the victims. Government is responsible about this situation and they have made changes in the forced marriage law in 2012 to protect the young people from the criminal situation. According to the crime and policing bill it is making both forced marriage and breach of forced marriage protection order into criminal offenses. In 2005 home office and foreign commonwealth office together laughed joint forced marriage unit to protect the victims.
- Akhtar, A. (2006) Swara practised with impunity in tribal areas”, Daily Times
- Annual report (2012) the Aha functions 2012 annual report, AHA foundation
- BBC (2005) forced marriage could be banned, online: http://news.bbc.co.uk/2/hi/uk_news/politics/4214308.stm (Accessed on 3rd January 2014)
- Claire, D. (2013) 16 year old forced to marry despite protection order, the telegraph, online: http://www.telegraph.co.uk/news/uknews/crime/10085245/16-year-old-forced-to-marry-despite-protection-order.html (Accessed on 3rd January 2014)
- David, P. (2013) law and religion UK, issues of law and religion in the UK, online: http://www.lawandreligionuk.com/2013/08/08/forced-marriage-parliament-and-the-courts/ (Accessed on 3rd January 2014)
- Declan, W. (2008) 15 child brides used to settle Pakistan feud, online: http://www.theguardian.com/world/2008/jun/05/pakistan.humanrights?gusrc=rss&feed=networkfront (Accessed on 3rd January 2014)
- Department for Children, Skills and Families, (2009) Research Brief No DCSF-RB128, Forced Marriage: Prevalence and service response, July 2009
- Ethical guide (2013) forced marriage act, online: http://www.bbc.co.uk/ethics/forcedmarriage/crime_1.shtml (Accessed on 4th January 2014)
- Foreign and Commonwealth Office, (2005) Forced marriage a wrong not a right, September 2005,
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- HM Government, (2009) Together We Can End Violence Against Women and Girls: a Strategy, November 2009, p14
- Huffington post (2013) Muslim girl 14 forced marriage judge “ powerless” to help, online: http://www.huffingtonpost.co.uk/2013/11/05/muslim-girl-forced-marriage_n_4217206.html?utm_hp_ref=uk (Accessed on 06th January 2014)
- IPS, (2006) “Pakistan: Blood Feud Trap Girls in Compensation Marriages,” Inter Press Service News Agency, April 1, 2006.
- Justice, (2013) Forced marriage, online: http://www.justice.gov.uk/protecting-the-vulnerable/forced-marriage (Accessed on 3rd January 2014)
- Katz, N. (November 24, 2007). “Parents force daughters to fly home to Pakistan for arranged marriages.” The New York Daily News.
- Legislation.gov.uk. (2013) forced marriage (civil protection) ac 2007, online: http://www.legislation.gov.uk/ukpga/2007/20/contents (Accessed on 2nd January 2014)
- Msn news, (2013) toughen forced marriage law-Judge, online: http://news.uk.msn.com/uk/toughen-forced-marriage-law-judge-1 (Accessed on 3rd January 2014)
- Natakae, A. (2010) Changing forced marriage as a crime against humanity, online: http://www.d.dccam.org/Abouts/Intern/Natalae_Forced_marriage.pdf (Accessed on 3rd January 2014)
- Nazia, K. (2008) Forced marriage, family cohesion and community engagement: national learning through a case study of Luton, March 2008,
- Nick, O., Nazrin, W. (2013) forced marriage: Ayesha was repeatedly beaten and then and then twice almost murdered by her own family, online: http://www.mirror.co.uk/news/real-life-stories/forced-arranged-marriage-young-british-2715692 (Accessed on 3rd January 2014)
- Pat, S.(2013)forced marriage, home affairs section, house of commons
- Sabbir, M. (2013) will criminalizing forced marriage see an end to the practice, online: http://www.sabbirmalik.co.uk/2013/11/forced-marriage-in-uk.html (Accessed on 3rd January 2014)
- Saul, H. (2013) Girl aged 14 became pregnant after she was forced to marry man, 24, The Independent
- Statistic brain, (2012) forced marriage statistics, UNICEF, human rights council, online: http://www.statisticbrain.com/arranged-marriage-statistics/ (Accessed on 1stJanuary 2014)
- UNFPA, (2007) “Afghanistan at a Glance”, in Asia and the Pacific at a Glance, UNFPA, New York, 2007