Bride kidnapping: tradition or crime?
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This document discusses bride kidnapping in Kyrgyzstan. It notes that traditionally, consensual bride kidnapping was accepted as a form of marriage among Kyrgyz people, but non-consensual bride kidnapping was considered a crime. Today, non-consensual bride kidnapping remains widespread in Kyrgyzstan despite being illegal, and few abductors face legal consequences. International laws also prohibit forced or non-consensual marriage. Religious and women's rights groups emphasize that marriage should only occur with the full consent of both parties.
![International human rights laws define that marriage shall be entered into only with the
free and full consent of the intending spouses.
International Legal Tools to Combat Bride Kidnapping
1) The United Nations Charter, which Kyrgyzstan ratified on 2 March
1992, particularly the Preamble, Article 1, Article 55, and Article 56.
2) The Universal Declaration of Human Rights, particularly, Article 3,
Article 4, and Article 5, Article 9, Article 12 and Article 16.
Articles 3, 4, 5, 9, and 12 are in disregard in that liberty and security of a
person are not respected by kidnapping.
Article 16 of The Universal Declaration of Human Rights clearly
establishes that men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They are
entitled to equal rights as to marriage, during marriage and at its dissolution.
3) The International Covenant on Civil and Political Rights, which was
ratified by Kyrgyzstan 7 Oct 1994, particularly Article 2, Article 7, Article 8, Article
9, Article17, and Article 23.
4) The International Covenant on Economic, Social and Cultural Rights,
which Kyrgyzstan ratified on 7 Oct 1994, particularly in Article 10, Par. 1.
5) The Convention on the Elimination of All Forms of Discrimination
Against Women [ CEDAW], which Kyrgyzstan ratified on 10 February 1997, in
Article 16.](https://image.slidesharecdn.com/bridekidnapping1-130623092031-phpapp01/85/Bride-kidnapping-tradition-or-crime-11-320.jpg)
Bride kidnapping: tradition or crime?
- 1. ZHYLDYZ TEGIZBEKOVA, PhD, Associate Professor, Head of Law Program, International University of central Asia
- 2. Bride kidnapping is the act of abducting a woman to marry her. It includes a variety of actions ranging from consensual marriage to non-consensual kidnapping. The most common reasons given for why a woman was kidnapped included: - a) it is a one of a form of traditional marriage, - b) the parents of the woman might not agree to the marriage, - c) to prevent the woman from marrying another man, - d) the woman might refuse a marriage proposal, - e) the man was unable to pay all wedding coasts.
- 3. Consensual bride-kidnapping - bride kidnapping by mutual agreement of the bride and groom (for example, there is no parental consent); - Bride-kidnapping without her consent, but with the consent of her parents (but in this case, the daughter consciously agrees with the decision of parents); (Consensual bride-kidnapping was a tradition of Kyrgyz people) Non-consensual bride kidnapping – without her consent and against the wishes of parents. (Non-consensual bride kidnapping was a crime according to the Kyrgyz customary law)
- 4. According to the Kyrgyz Customary Law Bride kidnapping was considered: - as a form of marriage (kidnapping was carried out by arrangement). - as a crime (non-consensual bride kidnapping was prohibited by Kyrgyz customary law). According to the Resolutions of the Kyrgyz People Congress 1893 -1907 (“Ereje”) to commit kidnapping without the consent of the bride and her family was considered as a crime.
- 5. Tokmok Ereje – Resolution of Tokmok distric, 1893 - defined: To kidnap a bride without “her” and her parents consent was prohibited; To kidnap a somebody’s bride was prohibited; To kidnap a married woman was prohibited; To kidnap, rape or beat a bride was prohibited. In any way groom had to pay a bride-price. If a man stole the bride, but he was unable to pay the bride price to her father in a timely manner, judge could allow, after talking with the father, to enter into agreement with the latter. Non-consensual bride-kidnapping was an exception from the rules, it wasn’t a common practice among Kyrgyz people
- 6. Today the practice of non-consensual bride kidnapping is widespread in Kyrgyzstan. According to the ombudsman's office, 18,000 girls are kidnapped for forced marriage in 2012 across the country. According to the NGO reports, it's been estimated that up to a third of all ethnic Kyrgyz women in Kyrgyzstan may have been wedded in nonconsensual bride kidnappings (against the will of the women). Bride snatching in Kyrgyzstan is tightly connected to the issue of underage marriage since many of the abducted brides are less than 18 years old. 90% of all kidnapped women stay with their husbands.
- 7. Typically a non-consensual bride kidnapping involves a man and his friends taking a young woman by force or deception to the home of his parents or a near relatives. She is held in a room and his female relatives convince her to put on the marriage scarf. If necessary she is kept overnight and is thus threatened by the shame of no longer being a pure woman. When she agrees, all relatives are notified and a marriage celebration takes place in the following few days.
- 8. The results of Non-consensual kidnapping include: 1. Physical abuse in the process of kidnapping causes bodily harm because a young woman is forced to come to a man’s house. 2. Psychological violence of depriving women or rights choosing husband and friends (according to the NGO reports, over 50% of the 268 women interviewed had never seen their kidnapper prior to the abduction, 74.2% of the women surveyed stated that pressure, including threats and violence, was exerted on them by the kidnapper and his family to force them to stay); 3. Rape (23% of women revealed that they had been raped before marriage. One respondent was determined to report the kidnapping to the police after escaping, but was abducted again and raped by the kidnapper, which forced her to accept the marriage). 4. The negative economic, medical and psychological consequences of stealing a bride, Thirty percent increase in divorce rate is explained by the fact that a kidnapped woman is not ready for marriage. 5. There is an increase in the number of divorced women engaged in prostitution. 6. Bride kidnapping has come under sharp criticism after two kidnapped brides committed suicide in 2010 (Tragically, two young women (both 20-year-old students) committed suicide in Issyk-Kul Province after being kidnapped and forced into marriage).
- 9. According to the legislation of the Kyrgyz Republic Bride kidnapping is illegal: - Article 13 (4) of Kyrgyzstan’s constitution guarantees that “men and women have equal rights and freedoms and equal opportunities for their realization”. - According to Article 36 of the Constitution, no marriage shall be registered without benevolent and mutual consent of the parties to the marriage”. - The Family Code (Article 2) defines marriage as "an equal union between a man and a woman concluded under full consent of the parties to build a family, generation economic and moral relations between spouses" - Under the Kyrgyz Criminal Code (Article 155), it is an offense to force a woman into marriage or to kidnap a woman for a marriage against her will. On 20 December 2012, the Parliament approved a new legislation toughening the penalty for bride-kidnapping. The President of Kyrgyzstan gave the amendment to the Criminal Code, gave his official approval on 26 January 2013. Once published in early February, the new sentence for forcing women into marriage range up to 10 years. The offense was previously punishable by a maximum three-year prison term.
- 10. Although bride kidnapping is illegal under Article 155 of Kyrgyzstan’s Criminal Code, there is little evidence that violations of the law against kidnapping are punished. Only one out of 700 cases is pursued by the justice sector. Only one in 1,500 cases of abduction results in a judicial sentence in Kyrgyzstan. Before January 2013, The state could intervene only if a complaint was filed directly by the victim. Legal action started only after a victim files a suit. But, in many bride kidnapping cases, the woman is isolated within the home of the abductor, and must overcome daunting obstacles to contact her relatives or the police. Even if her family was aware that she had been kidnapped, they were usually powerless to press charges against the abductor on behalf of the woman. Victims of bride kidnapping do not generally want to draw attention to themselves. According to the new legislation the bride kidnapping is categorized as a grave offence. It's mean that the state in the face of prosecutors and law-enforcement bodies can initiate legal action themselves without waiting for the victim's lawsuit.
- 11. International human rights laws define that marriage shall be entered into only with the free and full consent of the intending spouses. International Legal Tools to Combat Bride Kidnapping 1) The United Nations Charter, which Kyrgyzstan ratified on 2 March 1992, particularly the Preamble, Article 1, Article 55, and Article 56. 2) The Universal Declaration of Human Rights, particularly, Article 3, Article 4, and Article 5, Article 9, Article 12 and Article 16. Articles 3, 4, 5, 9, and 12 are in disregard in that liberty and security of a person are not respected by kidnapping. Article 16 of The Universal Declaration of Human Rights clearly establishes that men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 3) The International Covenant on Civil and Political Rights, which was ratified by Kyrgyzstan 7 Oct 1994, particularly Article 2, Article 7, Article 8, Article 9, Article17, and Article 23. 4) The International Covenant on Economic, Social and Cultural Rights, which Kyrgyzstan ratified on 7 Oct 1994, particularly in Article 10, Par. 1. 5) The Convention on the Elimination of All Forms of Discrimination Against Women [ CEDAW], which Kyrgyzstan ratified on 10 February 1997, in Article 16.
- 12. Jamal Frontbek-kyzy, chairwoman of the Muslim women's NGO “Mutaqalim”, believes that underage marriage should be a decision taken by the girl and no one else. "Getting married at an early age is the personal decision of every girl and no one can force her, not even her parents," she said. "Sometimes, when a girl says she is willing to get married at an early age, parents oppose her decision. This is the personal decision of that girl. I want to repeat again that kidnapping or forced marriage is against Islam." Many kidnapped brides have their union sanctioned by a religious ceremony. But underage marriages are generally not registered by the state, leaving the girls with few legal rights.
- 13. Only consensual bride-kidnapping was tradition of Kyrgyz people. At present time only consensual bride kidnapping (mutual agreement of the groom and bride) is legal. Non-consensual bride kidnapping was and is a crime.