Supreme Court’s Call for Stronger Legislation
- In a significant move, the Supreme Court of India has called upon Parliament to amend the Prohibition of Child Marriage Act (PCMA), 2006, urging the government to ban not just child marriages but also child betrothals—engagements arranged for children below the legal marriageable age.
- The Court stressed that such practices rob children of their freedom and autonomy, violating fundamental rights.
- Chief Justice D.Y. Chandrachud emphasized that child marriages infringe on children’s agency, a violation that runs counter to both the Indian Constitution and international conventions like CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women).
What is Child Marriage?
- Child marriage refers to the formal or informal union involving at least one individual below the age of 18 years.
- These marriages, often culturally accepted in many regions, strip children of their right to education, health, and freedom, impacting their physical and emotional well-being.
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Global and National Landscape of Child Marriage
Global Overview:
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- 40 million girls aged 15-19 are married or in unions globally.
- The Global Girlhood Report by Save the Children predicts an additional 5 million girls may be forced into marriage by 2025 due to increased gender-based violence following the COVID-19 pandemic.
- 15 million children are expected to drop out of school permanently due to pandemic-induced closures, increasing their vulnerability to early marriages, labor exploitation, and even military recruitment.
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Child Marriage in India:
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- NFHS-5 data shows a decline in child marriages, dropping from 47% to 23.3% between 2015 and 2021 due to several measures such as Prevention of Child Marriage Act.
- Despite this progress, states like West Bengal, Bihar, and Tripura report higher rates of child marriage than the national average.
- UNICEF estimates that 5 million girls under 18 are married in India, accounting for nearly one-third of the world’s child brides.
- 16% of adolescent girls in India (aged 15-19) are still married, highlighting the deep-rooted social acceptance of this practice.
Consequences of Child Marriage
Violation of Child Rights:
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- Child marriage restricts access to education, healthcare, and protection from abuse. It also robs children of their freedom to choose their future.
- Married children are more vulnerable to physical violence, sexual abuse, and mental trauma.
Social Marginalization and Isolation:
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- Early marriages force girls to abandon childhood, isolating them socially. Similarly, boys who marry young shoulder heavy responsibilities prematurely.
Educational Setbacks:
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- Child marriage leads to school dropouts, particularly among girls, reinforcing illiteracy and preventing future economic opportunities.
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Intergenerational Cycle of Poverty:
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- Marrying early limits both economic opportunities and job prospects, creating a cycle of poverty.
- Girls married at a young age often bear children earlier and have more children throughout their lifetime, adding financial strain.
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Health Consequences:
- Stunted Growth: Children born to adolescent mothers have a higher chance of stunted growth, with 35.5% prevalence according to NFHS-5 data.
- Premature Pregnancy: Early marriages lead to pregnancy before girls are mentally and physically prepared, resulting in complications.
- Maternal Mortality: Girls under 15 years are five times more likely to die during pregnancy or childbirth than older women.
- Infant Mortality: Infants born to teenage mothers have a 75% higher mortality rate compared to those born to older women.
- Mental Health Issues: Survivors of child marriage often suffer from post-traumatic stress disorder (PTSD), depression, and anxiety due to trauma and abuse.
Why Child Marriage Still Exists
- Poverty: Financial hardship pushes families to marry off their children to reduce household expenses or settle debts.
- Cultural Norms: In many communities, marriage is seen as a way to safeguard family honor, especially for girls.
- Dowry System: Families arrange early marriages to avoid higher dowries, which increase with the bride’s age.
- Fear of Violence or Social Stigma: Parents believe marrying off their daughters early protects them from sexual violence or social disgrace.
- Gender Inequality: Child marriage reflects deep-rooted gender inequality and discrimination against girls and women. As highlighted by a UNICEF report titled ‘Child Marriage and the Law,’ the practice is a significant expression of gender-based discrimination, restricting the rights, opportunities, and autonomy of girls while perpetuating societal norms that prioritize their roles as wives and mothers over education and personal growth.
- Weak Law Enforcement: Gaps in implementing the Prohibition of Child Marriage Act 2006, and non-registration of marriages allow child marriages to thrive in remote areas.
Efforts to Eradicate Child Marriage
- Historical Efforts: Efforts to combat child marriage in India date back to the 19th century. Prominent social reformers like Raja Rammohan Roy, Ishwar Chandra Vidyasagar, and Pandita Ramabai took significant steps to eliminate this harmful practice. Their advocacy laid the foundation for legal reforms, including the Sharda Act of 1929, which set the minimum age for marriage at 14 for girls and 18 for boys—a progressive move for that time.
- Legislative Measures: Several laws have been enacted to tackle child marriage and protect children from early unions:
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- Hindu Marriage Act, 1955: It sets the legal age of marriage at 18 years for girls and 21 years for boys.
- Prohibition of Child Marriage Act (PCMA), 2006: This act replaced the Child Marriage Restraint Act of 1929 and further criminalized the practice. It holds accountable any person who performs, promotes, or participates in a child marriage. Violators face imprisonment of up to two years and a fine of INR 1 lakh.
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Other Protective Laws:
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Domestic Violence Act, 2005
- Protection of Children from Sexual Offences (POCSO) Act, 2012
- These laws work together to safeguard the rights of children and ensure that marriages involving minors are legally nullified.
Government Policies and Initiatives:
- At the Central Level:
- National Population Policy 2000 and National Youth Policy 2003: Both policies emphasize the need to delay the age of marriage and promote education for girls.
- Beti Bachao Beti Padhao: This flagship initiative aims to empower girls by promoting education and preventing child marriage.
- Sukanya Samriddhi Yojana: A savings scheme encouraging parents to invest in their daughters’ future and education, reducing financial incentives for early marriage.
- State-Level Initiatives:
- Rajasthan’s Action Approach: Rajasthan, where child marriage is still prevalent, has launched a strategy focused on reducing early marriages and pregnancies by working with community leaders and NGOs.
- West Bengal’s Kanyashree and Rupashree Schemes:
- Kanyashree Scheme: Offers financial support to girls for continuing education and discourages early marriage.
- Rupashree Scheme: Provides a one-time financial grant for economically weaker families to support the marriage of girls above the legal age.
Way Forward
- Strengthen Law Enforcement: Authorities must strictly monitor and enforce laws to prevent child marriages. Village panchayats and Child Marriage Prohibition Officers must be empowered to take timely action.
- Education and Awareness: Schools must offer gender-sensitive curricula, and communities need awareness campaigns to change societal attitudes. Ensuring access to schools with sanitation facilities can further motivate girls to continue education.
- Economic Empowerment of Families: Providing microfinance loans and livelihood programs can alleviate poverty and reduce the economic incentives for child marriage.
- Community Involvement: Local leaders, NGOs, and religious institutions should collaborate to challenge the social norms that encourage child marriage.
- Social Security Programs: More conditional cash transfers and scholarships linked to education could encourage families to delay marriage.