Abstract
An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that constrain particular groups of South Asian women in the UK, we argue that consent and coercion in relation to marriage can be better understood as two ends of a continuum, between which lie degrees of socio-cultural expectation, control, persuasion, pressure, threat and force. Women who face these constraints exercise their agency in complex and contradictory ways that are not always recognised by the existing exit-centred state initiatives designed to tackle this problem.
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Notes
Re KR (A Child) (Abduction: Forcible Removal by Parents) [1999] 4 All ER 954.
When we refer to ‘South Asian women’ or ‘South Asian communities’ throughout this article, it is not because we are unaware of the diversity within this category; we use this term deliberately to highlight those aspects of cultural ideology and practice that are predominantly shared among (im)migrant communities originating from the subcontinent, along with those aspects of political life and history that are common to them on account of imperialism, racism, globalisation and the diasporic experience.
The civil law relating to domestic violence in England and Wales is primarily contained in Part IV of the FLA.
Hussein (otherwise Blitz) v Hussein [1938] P 159.
McLarnon v McLarnon (1968) 112 SJ 419.
Harper v Harper [1981] CLY 730.
Supra n 1.
Buckland v Buckland [1967] 2 All ER 300.
H v H [1953] 3 WLR 849.
Singh v Kaur [1981] 11 Fam Law 152.
Hirani v Hirani [1983] 4 FLR 232.
Mahmood v Mahmood [1993] SLT 589.
Mahmud v Mahmud [1994] SLT 599.
Sohrab v Khan [2002] SCLR 663.
Re SK (An Adult) (Forced Marriage: Appropriate Relief) [2004] EWHC 3202.
Ibid at para 7.
Supra n 12.
Supra n 13.
The moral panic generated by the media about consanguineous marriages again smacks of cultural essentialism towards Muslims, with whom this practice is identified. Marriage with second cousins or closer relatives is practiced in many parts of the world, including North Africa, the Middle East, South Asia and the US, by adherents of all major religions.
Singh v Singh [1971] 2 All ER 828.
Izzat has multiple connotations and overlapping meanings relating to respect, esteem, dignity, reputation and virtue, which are equated with the regulation of women’s sexuality and the avoidance of social deviation. Inherent in this code of honour is the constant striving to maintain honour and avoid shame. However, even among communities which subscribe to this code, the specific acts that are deemed to increase or erode izzat are subject to constant contestation and change, and vary among particular groups of South Asian communities in the diasporic context and in South Asia.
References
Abu-Odeh, Lama. 1997. Comparatively speaking: The “honour” of the “East” and the “passion” of the “West”. Utah Law Review 2: 287–307.
Airaksinen, Timo. 1988. An analysis of coercion. Journal of Peace Research 25: 213–227.
Batsleer, Janet, Erica Burman, Khatidja Chantler, Kamal Pantling, Hindene Shirley McIntosh, Sophie Smailes, and Sam Warner. 2002. Domestic violence and minoritisation—supporting women to independence. Manchester: Manchester Metropolitan University.
Bhopal, Kalwant. 1999. South Asian women and arranged marriages in East London. In Ethnicity, gender, and social change, ed. Rohit Barot, Harriet Bradley, and Steve Fenton, 117–134. Basingstoke: Macmillan.
Bradby, Hannah. 1999. Negotiating marriage: Young Punjabi women’s assessment of their individual and family interests. In Ethnicity, gender, and social change, ed. Rohit Barot, Harriet Bradley, and Steve Fenton, 152–166. Basingstoke: Macmillan.
Bredal, Anja. 2005. Arranged marriages as a multicultural battle field. In Youth, otherness, and the plural city: Modes of belonging and social life, ed. Mette Andersson, Yngve Lithman, and Ove Sernhede. Gothenburg: Daidalos.
Carline, Anna. 2005. Zoora Shah: An unusual woman. Social and Legal Studies 14: 217–240.
Chetkovich, Carol. 2004. Women’s agency in a context of oppression: Assessing strategies for personal action and public policy. Hypatia 19 (4): 120–141.
Collins, Patricia Hill. 2000. Black feminist thought: Knowledge, consciousness, and the politics of empowerment. New York: Routledge.
Crenshaw, Kimberlé. 1991. Mapping the margins: Intersectionality, identity politics, and violence against women of color. Stanford Law Review 43: 1241–1299.
Davies, Margaret. 2002. Asking the law question: The dissolution of legal theory. Sydney: Law Book Co.
Dustin, Moira, and Anne Phillips. 2008. Whose agenda is it? Abuses of women and abuses of “culture” in Britain. Ethnicities 8: 405–424.
Feinberg, Joel. 1986. Harm to self. New York: Oxford University Press.
Foreign and Commonwealth Office (FCO) and Home Office. 2005. Forced marriage: A wrong not a right. London: FCO.
Frank, Katherine. 2006. Agency. Anthropological Theory 6: 281–302.
Gangoli, Geetanjali, Amina Razak, and Melanie J. McCarry. 2006. Forced marriage and domestic violence among South Asian communities in North East England. Bristol: University of Bristol.
Gill, Aisha. 2004. Voicing the silent fear: South Asian women’s experiences of domestic violence. Howard Journal of Criminal Justice 43: 465–483.
Gill, Aisha. 2005. Governing violence: Gender, community and state interventions. Community Safety Journal 4: 37–45.
Goddard, Victoria (ed.). 2000. Gender, agency and change: Anthropological perspectives. New York: Routledge.
Hall, Sarah. 1999. Life for “honour” killing of pregnant teenager by mother and brother. The Guardian, May 26. http://www.guardian.co.uk/uk_news/story/0,3604,299095,00.html. Accessed 12 Feb 2009.
Harding, Luke. 2000. Student saved from arranged marriage. The Guardian, 14 March. http://www.guardian.co.uk/Archive/Article/0,4273,3973569,00.html. Accessed 12 Feb 2009.
Hester, Marianne, Khatidja Chantler, and Geetanjali Gangoli. 2008. Forced marriage: The risk factors and the effect of raising the minimum age for a sponsor, and of leave to enter the UK as a spouse or fiancé(e). Bristol: University of Bristol.
Hunter, Rosemary, and Sharon Cowan (ed.). 2007. Choice and consent: Feminist engagements with law and subjectivity. London: Routledge-Cavendish.
Imkaan. 2006. Response to Home Office consultation document–“Forced marriage: A wrong not a right”. London: Imkaan.
Kapur, Ratna. 2005. Erotic justice: Law and the new politics of postcolonialism. London: Glasshouse Press.
Mackenzie, Catriona, and Natalie Stoljar (ed.). 2000. Relational autonomy: Feminist perspectives on autonomy, agency, and the social self. New York: Oxford University Press.
McGregor, Joan. 1988–1989. Bargaining advantages and coercion in the market. Philosophy Research Archives 14: 23–50.
Menon, Nivedita. 2004. Recovering subversion: Feminist politics beyond the law. Urbana and Chicago: University of Illinois Press.
Meyers, Diana T. 1989. Self, society, and personal choice. New York: Columbia University Press.
Mohanty, Chandra. 1988. Under western eyes: Feminist scholarship and colonial discourses. Feminist Review 30: 61–88.
Mookherjee, Monica, and Rupa Reddy. 2005. Response to the Home Office consultation document – “Forced marriage: A wrong not a right”. http://www.kent.ac.uk/clgs/documents/pdfs/clgsforcedmarriageresponse.pdf. Accessed 12 Feb 2009.
Morgan, Kathryn. 1991. Women and the knife: Cosmetic surgery and the colonization of women’s bodies. Hypatia 6 (3): 25–53.
Naffine, Ngaire. 2003. Who are law’s persons? From Cheshire cats to responsible subjects. Modern Law Review 66: 346–367.
Narayan, Uma. 1997. Dislocating cultures: Identities, traditions, and Third-World feminism. New York: Routledge.
Narayan, Uma. 1998. Essence of culture and a sense of history: A feminist critique of cultural essentialism. Hypatia 13 (2): 86–106.
Newham Asian Women’s Project. 2007. Forced Marriage Civil Protection Bill—Response to the consultation on amendments to Family Law Act. http://www.nawp.org/NAWP_FMABR.pdf. Accessed 12 Feb 2009.
Newham Asian Women’s Project. 2008. Internal analysis of legal advocacy case notes. London: NAWP.
Nozick, Robert. 1969. Coercion. In Philosophy, science, and method: Essays in honor of Ernest Nagel, ed. Sidney Morgenbesser, Patrick Suppes, and Morton White, 440–472. New York: St. Martin’s Press.
Okin, Susan M. 1989. Justice, gender and the family. New York: Basic Books.
Patel, Pragna. 2008. Faith in the state? Asian women’s struggles for human rights in the UK. Feminist Legal Studies 16: 9–36.
Pateman, Carole. 1988. The sexual contract. Stanford: Stanford University Press.
Phillips, Anne. 2003. When culture means gender: Issues of cultural defence in English courts. Modern Law Review 66: 510–531.
Phillips, Anne, and Moira Dustin. 2004. UK initiatives on forced marriage: Regulation, dialogue and exit. Political Studies 52: 531–551.
Rai, Dhanwant K., and Ravi K. Thiara. 1997. Redefining spaces: The needs of Black women and children using refuge services in England: Their feelings, needs and priority areas for development in refuges. Bristol: Women’s Aid Federation of England.
Razack, Sherene. 2004. Imperilled Muslim women, dangerous Muslim men and civilised Europeans: Legal and social responses to forced marriages. Feminist Legal Studies 12: 129–174.
Reitman, Oonagh. 2005. On exit. In Minorities within minorities: Equality, rights and diversity, ed. Jeff Spinner-Halev, and Avigail Eisenberg, 189–208. Cambridge: Cambridge University Press.
Richardson, Janice. 2004. Selves, persons and individuals. Aldershot: Ashgate.
Samad, Yunas, and John Eade. 2002. Community perceptions of forced marriage. London: FCO.
Sanghera, Jasvinder. 2007. Shame. London: Hodder & Stoughton.
Sen, Purna. 2005. “Crimes of honour”, value and meaning. In Honour: Crimes, paradigms and violence against women, ed. Lynn Welchman, and Sara Hossain, 42–63. London: Zed Books.
Shaw, Alison. 2001. Kinship, cultural preference and immigration: Consanguineous marriage among British Pakistanis. Journal of Royal Anthropological Institute 7: 315–334.
Southall Black Sisters. 2001. Forced marriage: An abuse of human rights one year after “A choice by right”. London: Southall Black Sisters.
Taylor, Matthew. 2008. Victims of forced marriages could total 4,000, says study. The Guardian, 11 March. http://www.guardian.co.uk/world/2008/mar/11/gender.communities. Accessed 12 Feb 2009.
Uddin, Paula, and Nazir Ahmed. 2000. A choice by right: The report of the working group on forced marriage. London: Home Office Communications Directorate.
Volpp, Leti. 1994. (Mis) identifying culture: Asian women and the “cultural defense”. Harvard Women’s Law Journal 17: 57–101.
Volpp, Leti. 2000. Blaming culture for bad behaviour. Yale Journal of Law and Humanities 12: 89–116.
Walker, Margaret Urban. 1999. Getting out of line: Alternatives to life as a career. In Mother time: Women, ageing and ethics, ed. Margaret Urban Walker, 97–111. Lanham, MD: Rowman and Littlefield.
Watt, Nicholas. 1999. Terror of couple fleeing a forced marriage. The Guardian, 27 May.
Weinstock, Daniel M. 2005. Beyond exit rights: Reframing the debate. In Minorities within minorities: Equality, rights and diversity, ed. Avigail Eisenberg, and Jeff Spinner-Halev, 227–246. Cambridge: Cambridge University Press.
Wendell, Susan. 1990. Oppression and victimization; choice and responsibility. Hypatia 5 (3): 15–46.
Wertheimer, Alan. 1987. Coercion. Princeton: Princeton University Press.
Wilson, Amrit. 2006. Dreams, questions, struggles: South Asian women in Britain. London: Pluto Press.
Wilson, Amrit. 2007. The forced marriage debate and the British state. Race and Class 49 (1): 25–38.
Wolf, Naomi. 1991. The beauty myth: How images of beauty are used against women. New York: Doubleday.
Yuval-Davis, Nira. 1997. Gender and nation. London: Sage.
Zimmerman, David. 1981. Coercive wage offers. Philosophy and Public Affairs 10: 121–145.
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Anitha, S., Gill, A. Coercion, Consent and the Forced Marriage Debate in the UK. Fem Leg Stud 17, 165–184 (2009). https://doi.org/10.1007/s10691-009-9119-4
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DOI: https://doi.org/10.1007/s10691-009-9119-4