In March 2013, forced marriage was included in Australia’s criminal code giving Australian Federal Police greater powers to investigate suspected cases and prosecute anyone assisting in the arrangement of a forced marriage either in Australia or abroad.
However, there's evidence that since it was criminalised, the number of referrals involving people in, or at risk of, forced marriage has been on the rise with the AFP receiving 232 referrals relating to forced marriage since 2013.
It's become an election issue with Labor pledging new forced marriage protection orders to stop young people from being forced into marriage, taken overseas or removed from school.
Managing Director Firdousi Obeid of the House of Sakina, a charity organisation that provides help to Muslim women victims of domestic violence in Australia, says it's a hidden problem that people don’t even talk about.
Source: SBS
“We don’t talk about it; we don’t discuss it with anyone. We need to accept the problem; only then we can find a solution,' she told SBS Urdu.
Ms Obeid says that forcing someone to marry without consent has nothing to do with Islam.
“There are several quotes from Prophet Muhammad that says that a marriage without the consent of both parties cannot be legal. Islam does not allow forced marriages, and parents cannot force a daughter to marry a man whom she does not approve."
She says people need to be aware of Australian laws and regulations so people can understand that they can’t do these things here.
A campaign against child marriage Source: NSW Government
But Ms Obeid says that the real issue is the welfare of victims and the immediate help that is required by these victims when they are enduring the abuse during forced marriages.
“The victim feels that she is imprisoned in a cage like a bird. Her personality, her mind, everything changes,” she said.
“We need to find these victims as they don’t know about their Australian rights or about the organisations that can help them.”
According to a news report from 7 News Sydney, so far this year there have been 21 cases of underage marriages identified in New South Wales. It reported that federal police were unable to stop a 14-year-old girl being sent to Pakistan to be married. However, they managed to intervene in the case of her sisters aged 9 years and 13 years.
Australian law on forced marriage
Forced marriage is a serious breach of human rights which affects millions of girls and women as well as boys and men worldwide, including in Australia.
"Usually, a person must be over 18 years of age to be legally married. In some circumstances, a person over the age of 16 years can get married, but this requires a court order," the Department of Social Services states.
"It is against Australian law to force, threaten or trick anyone into getting married. This applies to legal, cultural and religious marriages. An arranged marriage, where both people freely consent to get married, is different to a forced marriage. Arranged marriages are legal in Australia."
According to the My Blue Sky website, Australia’s first website dedicated to forced marriage prevention, information, referrals and legal advice, "the offences carry a maximum jail term of seven years, or nine years for an aggravated offence which includes forcing a person under the age of 18 to marry or forcing a person with a disability to marry.
If someone helps to arrange for a child under the age of 18 to be taken outside Australia to be married, they could be jailed for up to 25 years.”
Young bride holding flower petals Source: iStockphoto
Forced Marriage a form of Slavery
Anti-Slavery Australia spokesperson and forced marriage lawyer, Grace Thangasamy, told SBS Urdu that under the criminal code in the Commonwealth Act legislation which applies across Australia there are a number of provisions that relate to slavery or slavery-like behaviour.
“Forced marriage is categorised as slavery-like behaviour because it deprives someone of their human rights to give free and full consent to enter marriage.
"The person can be seen as a piece of property that can be exchanged or sold by family members or others who don’t value that person’s individual’s work to be able freely to consent and freely make decisions on their own. “
Forced marriages in Australia
Ms Thangasamy says there are no reliable statistics about how large the problem of forced marriage is in Australia.
“There are about 232 referrals from 2013 to June 2018. Each year, the number has grown."
However, she says it does not mean that forced marriages are increasing in Australia and could also mean there's more awareness in the community with people are reporting it more.
Stereotyping a community – forced marriage not related to a particular culture, country or religion
Since 2015, Anti-Slavery Australia has been contacted by 133 people for assistance in relation to forced marriages. They belonged to 24 countries.
“It is a problem that is across the board, many different cultures, religions, communities and even individual families.
We definitely don’t want there to be any stereotype of what type of cases are there and if they are related to a particular country.”
Support services
If you are in immediate danger or threat of violence call triple zero 000.
My Blue Sky: For support and free confidential legal advice, contact My Blue Sky, My Blue Sky website, Australia’s national forced marriage service by calling (02) 9514 8115, texting 0481 070 844 or emailing help@mybluesky.org.au.
1800RESPECT is Australia’s National Sexual Assault, Family and Domestic Violence Counselling service. It provides free, confidential telephone and online counselling and information. Counsellors will listen to you, answer questions and can refer you to other support services in your local area. Call 1800 737 732 or go to the 1800RESPECT website.
Interpreter required?
Call the Translating and Interpreting Service (TIS) for free on 131 450. TIS can help you to communicate with other services. TIS does not provide counselling.
