Child Marriage in India: Issues & Solutions

Table of Contents

Introduction

Child marriage remains one of India’s most pressing social challenges despite various efforts to curb it.
Recognizing the gravity of the issue, the Supreme Court has recently urged Parliament to consider amending the Prohibition of Child Marriage Act (PCMA) of 2006 to prohibit child betrothals altogether.
The apex court emphasized that such practices infringe upon children’s rights to autonomy, free choice, and a dignified childhood.

Child marriage refers to the formal or informal union of individuals under the age of 18.
It violates the fundamental rights of children, denying them the chance to enjoy their childhood, pursue education, and shape their own future.
While the practice predominantly affects girls, boys are also impacted, facing early responsibilities that hinder their growth and opportunities.

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Global Scenario:
- Globally, 40 million girls aged 15-19 are either married or in informal unions.
- According to Save the Children’s Global Girlhood Report, the COVID-19 pandemic has significantly increased the risk of child marriage, with an estimated 5 million additional cases expected between 2020 and 2025.
- 15 million children worldwide are at risk of never returning to school post-pandemic, making them vulnerable to early marriage, labor, and exploitation.
India’s Situation:
- Data from NFHS-5 (2019-21) shows that child marriage rates in India have dropped to 23.3%, down from 47% in 2005-06. However, the progress is uneven, with states like West Bengal (41%), Bihar (40%), and Tripura (33%) exceeding the national average.
- India accounts for approximately one-third of the world’s child brides, with 16% of girls aged 15-19 currently married (UNICEF data).

Violation of Rights:
- Child marriage denies the right to education, health, and protection from violence and exploitation.
- It infringes on personal autonomy and contravenes international conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Social Isolation:
- Girls are deprived of childhood and often confined to domestic roles, while boys face undue pressure to assume adult responsibilities early.
Impact on Education:
- Early marriage forces girls to drop out of school, perpetuating gender-based illiteracy.
Economic Consequences:
- Child marriage perpetuates an intergenerational cycle of poverty, limiting access to education and economic opportunities.
Health Risks:
- Stunted Growth: Children of adolescent mothers are more likely to face malnutrition.
- Maternal Mortality: Girls under 15 are five times more likely to die from childbirth complications.
- Infant Mortality: Babies of teenage mothers face a 75% higher risk of death compared to those born to older mothers.
- Mental Health: Victims are prone to depression, anxiety, and PTSD due to abuse and isolation.

Poverty: Families struggling financially view marriage as a way to reduce economic burdens.
Gender Inequality: Deeply ingrained biases treat girls as economic burdens and prioritize their marriage over education.
Cultural Norms: Practices like dowry encourage early marriage to minimize costs, as dowry demands often increase with a girl’s age.
Fear of Sexual Violence: Parents see marriage as a safeguard for their daughters’ safety and honor.
Weak Enforcement: Laws like the PCMA, 2006, are not adequately enforced, and the lack of mandatory marriage registration perpetuates the practice.

Historical Efforts:
- Reformers like Raja Rammohan Roy and Pandita Ramabai championed the fight against child marriage in the 19th century.
- The Sharda Act of 1929 was a landmark law setting the minimum marriage age at 14 for girls and 18 for boys.
Legislative Steps:
- Prohibition of Child Marriage Act (PCMA, 2006): Criminalizes child marriage, with penalties including imprisonment and fines.
- Hindu Marriage Act, 1955: Specifies the legal marriage age as 18 for girls and 21 for boys.
- Additional protections include the Domestic Violence Act, 2005, and the POCSO Act, 2012.
Government Policies:
- Beti Bachao Beti Padhao (2015): Focuses on empowering girls and addressing gender biases.
- State programs like West Bengal’s Kanyashree Scheme provide financial incentives to delay marriage and encourage education.

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Empowering Girls:
- Strengthen access to education with scholarships, better infrastructure, and sanitation facilities to encourage school attendance.
- Promote life skills programs to build confidence and independence.
Strengthening Legal Frameworks:
- Ensure the effective enforcement of existing laws by training Child Marriage Prohibition Officers.
- Mandate marriage registration to curb illegal practices.
Community Engagement:
- Conduct awareness campaigns to change societal attitudes and highlight the importance of delaying marriage.
- Involve religious leaders and local influencers in advocating for children’s rights.
Economic Support:
- Provide livelihood programs and microfinance loans to alleviate poverty and reduce reliance on early marriage as an economic strategy.
Innovative Models:
- Implement Child Marriage-Free Village certifications, inspired by Swachh Bharat’s Open Defecation Free initiative, to foster collective accountability.
Engaging Men and Boys:
- Promote gender sensitivity programs to involve men and boys as advocates for girls’ education and against child marriage.