
Clerics could face jail for overseeing forced marriages
Author: Womens UN Report Network
Date: January 8, 2006
Political Rights
Child
Polygamy
Child marriage
114.(b) Consent to marriage
IMAMS and other clerics who carry out forced marriages face the threat of
being charged with a criminal offence under proposals unveiled today.
Scottish Communities Minister Malcolm Chisholm published a series of options
which would make forcing someone into marriage a specific crime for the first
time.
One option would catch all those who “facilitated a marriage, including those
who solemnised the marriage or otherwise conducted the ceremony”, providing they
knew that the bride or groom were unwilling participants.
The offence could carry up to five years’ imprisonment.
The move comes after a report warned that 85 people a year in Edinburgh are
being forced into marriages.
The report from the Council of British Pakistanis in Scotland (CBPS) warned
that dozens of women and men were suffering physical and mental abuse as a
result.
Today’s consultation paper was being launched in conjunction with the Home
Office and Foreign Office so that whatever proposals come out of it will cover
the whole of the UK. The paper warned there were a number of serious drawbacks
with introducing the new offence, and stressed ministers had not yet made up
their minds on the issue.
Criminalisation could dissuade victims from seeking help because they would
fear their parents being jailed, it suggested.
It could also drive the practice underground and lead to more parents taking
children overseas in their early teens or younger, until they have been forced
to wed and had children.
A special Government unit has dealt with more than 1000 cases of forced
marriage since it was set up in 2000. It has also rescued and repatriated to the
UK about 200 young people from overseas.
Most cases of forced marriage originate from South Asia, but British
officials have also seen examples from East Asia, Africa, the Middle East and
Eastern Europe. About 15% of cases involve male victims.
In Edinburgh, the CBPS report, compiled last year following a three-year
study into the problem of forced marriages, showed young people between the ages
of 16 and 20 were most at risk.
It uncovered cases of rape, as well as physical and mental abuse, and said
the problem would only get worse unless action is taken.
The CBPS called on the Scottish Executive to address the situation, accusing
the authorities of ignoring the issue.
Their report said that the vast majority of people in Edinburgh forced into
marriage were from the Pakistani community.
But local councillor Shami Khan questioned whether the problem was as severe
as was being suggested.
He said: “I am yet to see evidence that supports claims on the number of
forced marriages carried out in Edinburgh.
“It is actually very difficult to carry out a forced marriage in Pakistan. It
does happen, but I think in a lot of cases we might be dealing with a young
couple who have married, come to Britain, and then it does not work out so one
partner claims it was a forced marriage in order to get out.
“Domestic abuse is the real issue, not forced
marriage.”
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