Uncovering the phenomenon of Transnational Marriage Abandonment
Domestic violence has been shown to be widespread across the world, and transnational marriage abandonment is one form of domestic abuse that is prevalent in India and in the Indian diaspora. Following a transnational marriage, abandonment usually takes one of three different forms: 1) a woman can be forced out of the marital home once she has migrated to her husband’s country of residence; 2) a woman who has migrated with her husband can be tricked into returning to India and then abandoned there; or 3) a woman can be left behind with in-laws in India, on the promise of being reunited with her husband in his country of residence which is never realised. In all cases, women are left vulnerable, often destitute and with little recourse to justice.
Research carried out at the University of Lincoln by Professor of Gender, Violence and Work, Sundari Anitha and in collaboration with Prof Anupama Roy at the Jawaharlal Nehru University, New Delhi explored transnational marriage abandonment in detail, focusing on the experiences of women – and their access to legal and judicial systems – who had been abandoned in three states in India known for a history of migration: Delhi, Punjab and Gujarat. Between December 2013 and May 2015, Professor Anitha and her research team interviewed 57 women, gathering their perspectives on marriage decisions and negotiations; neglect, coercive control and physical violence; financial abuse; dowry abuse; sexual abuse; and their attempts to seek justice following abandonment.
While each case was unique, some patterns did emerge:
Despite facing often escalating abuse, most women tried to keep their marriage intact, compelled by the large dowries committed by their families and by socio-cultural norms against divorce. At the same time, all but four of the women interviewed had contacted the police about their situation, and all had faced barriers to accessing help and support. Police and lawyers often saw re-establishing the women in the marital or in-laws’ home as the best solution and were often reluctant both to file and to follow-up on complaints. The responses revealed that men often used the judicial systems in their country of residence to file for divorce, making it almost impossible for their wives to participate in the legal proceedings and depriving them of their financial rights.
A major part of the research was a set of recommendations – aimed at policy makers in both the UK and India – to raise awareness of the issues, build understanding of transnational marriage abandonment and to create more effective protection for the rights of these women. In the UK, recommendations focused on treating women who have been abandoned as domestic violence victims; giving them full rights of appeal in the Immigration Act; and developing a greater awareness across the judiciary about the issues these women face. For India, recommendations focused on the registration of marriage and dowry; creating more effective legal and financial support for women who have been abandoned; and raising awareness of the issues in both the police and legal systems.
Professor Anitha’s broader research programme explores different aspects of violence against women and girls, including forced marriage and domestic violence, and her work has influenced thinking around the world, including in the Coalition of Women MPs from Arab Countries. The research on transnational marriage abandonment has stimulated and informed policy debate in the UK House of Lords and the UK Home Affairs Select Committee Report on Domestic Abuse, as well as legal and policy discussions in New Zealand and Australia. The recommendations have directly influenced changes to the UK Family Law Practice Direction 12j – which sets out what the Family Court is required to do in proceedings where there is domestic violence – including a new, expanded definition of domestic abuse that covers transnational marriage abandonment.
Find out more
If you’re interested in the finding out more about Professor Anitha’s research on violence against women and girls, you can access her bio here. Anitha’s latest work, focusing on domestic violence during the pandemic among black and minoritised ethnic communities, is outlined here.
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