Human Trafficking for Forced Marriage in India Violating Human Rights: A Constitutional and Judicial Approach
Dr. Swapnil R. Sonare
Associate Professor
Shri Nathmal Goenka Law College, Ratanlal Plot Chowk, Akola
E-Mail- swapnilsonare@gmail.com
Mobile No. – 9730325296
Abstract: Human trafficking for the purpose of forced marriage is an under-recognized but significant human rights violation in India. Women and girls from economically weaker regions are trafficked and coerced into marriages, often under exploitative conditions, stripping them of their autonomy, dignity, and fundamental freedoms. This paper investigates the constitutional and judicial mechanisms addressing this issue in India. It discusses relevant legal provisions, landmark judgments, and the roles of law enforcement and policy frameworks. Human trafficking is one of the gravest forms of organized crime globally, and in India, it manifests in various forms—labor, sexual exploitation, and increasingly, forced marriages. Bride trafficking, particularly in states with skewed sex ratios like Haryana, Punjab, and Rajasthan, involves the abduction, deception, and coercion of women and girls from impoverished regions like West Bengal, Assam, and Jharkhand. This phenomenon poses significant socio-legal challenges, especially concerning women’s rights, personal liberty, and dignity. Bride trafficking in India is an insidious form of human trafficking wherein women and girls, often from economically disadvantaged backgrounds, are coerced, deceived, or sold into forced marriages, primarily in regions facing a severe gender imbalance. This paper investigates the causes, patterns, and human rights implications of bride trafficking in India through a rights-based lens. It explores how deep-rooted patriarchal norms, skewed sex ratios, poverty, and regional disparities perpetuate the exploitation of vulnerable women. The paper also critiques the state’s response, highlights gaps in law enforcement, and examines the role of civil society in combating this violation. Recommendations are provided to ensure justice, protection, and rehabilitation for victims while upholding their human rights. The study reveals critical enforcement gaps and recommends a comprehensive, rights-based approach to effectively combat the problem.
Keywords: Human trafficking, forced marriage, human rights, Indian Constitution, judiciary, gender justice, bride trafficking, legal framework
DOI link – https://doi.org/10.69758/GIMRJ/2509S01V13P009
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