Written question asked by Lord Lester of Herne Hill (Liberal Democrat), in the House of Lords. It was answered by Lord Wallace of Saltaire (Liberal Democrat) on Tuesday, 26 April 2011.
Forced Marriage
- Question
- To ask Her Majesty’s Government, further to the Written Answers by Lord McNally on 15 March (WA 39) and by Lord Howell of Guildford on 30 March (WA 274), what legal principles or rules apply to the exercise of discretion by the judiciary in Pakistan, India or Bangladesh when deciding whether to recognise and give effect to Forced Marriage Protection Orders.
- Answer
-
Whilst there are no formal agreements in place between the UK and Pakistan, India, or Bangladesh for the mutual recognition of forced marriage protection orders, we are aware of incidences where judicial authorities have taken into consideration UK court orders, particularly forced marriage protection orders, in their deliberations. Whilst this may not provide legal certainty for victims or perpetrators, the Forced Marriage Unit and our high commissions continue to work closely with the Pakistani, Indian and Bangladeshi authorities on a case by case basis to maximise the safety and repatriation of victims. No evaluation of the efficacy of these informal arrangements has been undertaken. The development of a legal handbook, which will outline the legal remedies available in these countries in relation to forced marriage, will be a first step in setting out these informal arrangements with greater clarity. The legal remedies available to those in Pakistan, India and Bangladesh who are protected by forced marriage protection orders made by UK courts will be specific to each country. They may include constitutional remedies such as habeas corpus, most often used to secure an individual's release or recovery from a threatened or actual forced marriage and ensuring that they are produced before the court; civil remedies under family laws and tort actions; and criminal law remedies, such as prosecution of those responsible for contracting, attempting to or actually forcing an individual into marriage. In each of these countries the discretion afforded to the judiciary is wide. Hence we continue to work with the Governments of Pakistan, India and Bangladesh to tackle forced marriage and encourage them to take steps to prevent forced marriages taking place. We also continue to work closely with these Governments to provide effective consular assistance to British nationals affected by forced marriage.
Secondary information
- Type
- Written question
- Reference
- 8336; 727 c52WA
- Session
- 2010-12
- Related items
- Subjects
- India Forced marriage Pakistan Bangladesh Forced marriage protection orders
- Link
- View this Written question on www.publications.parliament.uk
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