A critical postmodernist evaluation of the policy responses to forced marriage in the UK

Policy problem

FM became centralised on the UK policy agenda in 1998 after the high-profile murder case of Rukshana Naz, who resisted her FM (Anitha and Gill, 2023). Ruksana’s case helped launch an enquiry into FMs across the UK, leading to the formation of the FMU in 2005 (Foreign and Commonwealth Office, 2010, p. 4).

Despite the establishment of the FMU, FM is framed as a cultural problem rather than, as postmodernists will claim, a socially created notion that is not an inherent or universally observed occurrence (Ida Bagus Weda, Grystin and Arif Sobirin, 2023). To illustrate, in 2022, the FMU handled cases in 25 focus countries (countries associated with the risk of FM), where Pakistan had a high number of FM cases, as seen in Figure 1 (Rights Lab, 2023, p. 6).

Figure 1. Focus Countries in 2021 and 2022 (Rights Lab, 2023, p. 6).

This figure illustrates the distribution of cases handled by the Forced Marriage Unit (FMU) across different focus countries in 2021 and 2022. The focus country is defined as the country to which the risk of forced marriage is prominent. This could be the country where the forced marriage is due to take place, the country where it has taken place, and/or the country where the spouse is currently residing. The figure shows the percentage of cases associated with each focus country for both years, highlighting the significant role Pakistan plays as a focus country in almost half of the cases.

Figure 1 demonstrates that Pakistan was the ‘focus country’ in almost 50% of cases in 2021 and 2022. However, this data does not explain the reasons for such a high representation of FM cases in Pakistan and does not discuss the proportion of the total cases this represents.

Furthermore, the classification of FM as a cultural problem is further exacerbated by the allocation of FM as a type of honour-based abuse (The Crown Prosecution Service, 2024), an umbrella term encompassing a range of offences in the name of honour (Aujla, 2021, p. 94). Due to this, feminist theorists have dominated the literature on FM and honour, as ‘honour’ is thus seen to reside in the objectification and control of women from honour cultures seen across Southeast Asia or the Middle East (Reddy, 2008). Although 235 cases (78%) of FM in 2022 involved women, 67 cases (22%) of FM involved men (FCDO and HO, 2023a).

Postmodernists believe the feminist approach’s exclusion of men and diverse sexual orientations/backgrounds does not provide a complete picture of FM (Idriss, 2022). Therefore, it is crucial to acknowledge these varied experiences to transform FM into a socially constructed problem (Atabor, 2016). Describing FM as a ‘cultural’ problem asserts that FM has a particular essence of ‘culture’, which is necessary for determining the practice (Louis, 2014). Postmodernists critique this use of essentialism and argue that this viewpoint exhibits an oversimplified approach towards comprehending FM and hinders the efforts required to address the root cause (Louis, 2014).

According to postmodernists, FM is caused by multiple intersecting factors that are not solely dependent on culture but by interlocking sociological, political, and economic disparities (Honkala, 2022, p. 473). When sexual orientation is questioned, FM can be used to force men or women into heterosexual marriages to discourage unfavourable relationships (Honkala, 2022).

Policy responses

FM policy in the UK is initiated by the FMU (FCDO and HO, 2023b). According to Shariff (2012, p. 550), the unit’s FM policies have three target approaches:

Regulation is framed as safeguarding individuals to promote universal human rights. The FM (Civil Protection) Act 2007 is an example of this approach, as it offers civil action to protect individuals or individuals who may be susceptible to FM (Legislation.gov.uk, no date). Through this Act, individuals can apply for a FM Protection Order (FMPO). These legal orders are issued to prevent or halt the occurrence of FMs inside and outside of the UK, while ensuring continuous safeguarding for individuals who may be vulnerable to harm due to FM (HM Courts and Tribunals Service, 2020).

Since 2014, the UK courts have granted 200-250 FMPOs annually, which are often deemed inadequate due to ineffective monitoring (Noack-Lundberg, Gill and Anitha, 2021, p. 371). This has led to numerous breaches of FMPOs, such as parents failing to comply with court orders or attempted circumvention of orders by applying for passports from other countries have occurred (Miles-Johnson and Courtenay, 2021).

However, these breaches can be attributed to the court’s perception and reality of FM. As Berger and Luckmann (2011) mention, reality is socially constructed through the processes in which individuals and societies collectively attribute meaning and significance to phenomena. In this case, FM is determined by the term ‘consent’. In the UK legal context, consent is based on the ‘myth of free choice’ (Anitha and Gill, 2009, p. 174). This refers to the assumption that individuals have complete autonomy to consent to marriage without external pressures (Meyersfeld, 2011). Postmodernists argue that this is an oversimplified approach, as not everyone can consent to marriage due to and not limited to, violence, incapacitation, coercion and manipulation (Sandhu and Barrett, 2024).

The second approach, exit, empowers individuals to leave their cultural minority as their preferences cannot be realised (Shariff, 2012). An example of this approach is the Anti-Social Behaviour, Crime and Policing Act 2014, which criminalises FM under section 121 (HO, 2016). This policy reflects a concern for individual autonomy, which aligns with the postmodernist critique that challenges traditional power structures that may have allowed FM to occur (Barnard-Naudé, 2013). Although this policy can force individuals to choose between their culture and freedom, cultures are never fixed, closed or complete (Newman, 2005, p. 140). Cultural boundaries are constantly shifting, leading to new ways of thought in cultures, which can lead to acceptance (Newman, 2005, p. 140).

Finally, the third approach is community engagement, which promotes intercultural dialogue with different communities. The ‘Right to Choose’ campaign, which involved short videos highlighting the devastating impact of FM, illustrates this approach (FCDO and HO, 2023c). This campaign was shared with communities across the UK, reflecting a departure from significant top-down approaches to a more participatory mode of engagement in combatting FMs (FCDO and HO, 2023c). However, this approach risks reinforcing power imbalances by granting excessive power to specific persons or groups claiming to speak for their community (Shariff, 2012, p. 550). This, as postmodernists would claim, perpetuates the idea that community groups are homogeneous, which fails to acknowledge the diversity and intricacy that exists within them (Dickerson, 2013).

Recommendations

Based on the challenges mentioned in this paper, FM must be addressed with a coordinated strategy that acknowledges the intricate nature of this problem.