CHILD MARRIAGE ACT
1.Context
Over the last few days, Assam has arrested many men in a state-wide crackdown on child marriages. Those arrested have been booked under the provisions of the stringent POCSO Act and the Prohibition of Child Marriage Act
2.Arrests made by law
- Men who married girls below 14 years of age would be booked under the Protection of Children From Sexual Offences Act
- Those marrying girls between 14 and 18 years would be booked under the Prohibition of Child Marriage Act
- The POCSO Act, of 2012 criminalises sex between a minor and an adult, The law does not recognize a minor’s consent as valid
- Sexual assault under POCSO is a non-bailable, cognisable offence.This means that the police can make an arrest without warrant.
- So a presumption of sexual assault is being made in case of child marriage involving minor girls below the age of 14
- Sexual assault, that is not penetrative, carries a minimum imprisonment of three years that may extend to five years with a fine
- Moreover, under Section 19, POCSO Act imposes a “mandatory reporting obligation” which requires every person who suspects or has knowledge of a sexual offence being committed against a child must report it to the police or the Special Juvenile Police Unit
- These mandatory reporting obligations also require doctors to report cases where minor girls seek medical assistance during pregnancies or for termination of pregnancies
- Often doctors are forced to report sexual activity involving a minor girl, even if all parties involved have consented to the marriage
| The Prohibition of Child Marriage Act 2006, says that child marriages are illegal but not void. Instead, they are voidable at the option of the minor party, in the scenario that the minor petitions the court to declare the marriage void. The Act stipulates 18 years as the minimum marriageable age for women, while for men it is 21 years. The Act punishes child marriage with “rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.” |
3.About POSCO Act:
- It was enacted to protect the children from sexual offences, harassment, and pornography for safeguarding the well-being of children
- Act defines a child as -"any person whose age is below 18 years age" and it's gender-neutral
- It defines different forms of sexual abuse, including penetrative or non-penetrative assault, as well as sexual harassment and pornography
- It deems sexual assault will be "aggravated" under certain circumstances, such as an abused child is mentally ill or when abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor
- This act assigns policemen as a child protector in the Investigation Process
- Under section 45, powers to make rules are vested with Central Government
- Section 42A of the Act provides any inconsistencies with provisions of any other law, POSCO will override such provisions
- Section 29 of the Act says when the person is prosecuted for committing an offence of sexual assault against a minor, the special court saying "shall presume" the accused guilty
4. Data Showing child marriages in India
- NFHS-5 data show that about 25 % of women aged 18-29 years married before the legal marriageable age of 18.
- The proportion has declined only marginally from NFHS-4 (28%). Expectedly, the prevalence is higher in rural than urban India (28% and 17% respectively.
- West Bengal has the highest prevalence (42%) followed by Bihar and Tripura (40% each).
- Oddly, the decline in child marriages has been partly at best in these high-prevalence states.
- At the other end of the spectrum are Goa, Himachal Pradesh, and Kerela ( 6% to 7%).
- If we look at the data community-wise, 39% of child marriages in India take place among Adivasis and Dalits.
- The share of advantaged social groups is 17% and the remaining share is of Other Backward Classes.
- Regarding household wealth, 58 % of these marriages occur among the poorest wealth groups (bottom 40%), about 40% of them occur among the middle 50% and only 2% of them occur among the top 10% of wealth groups.
- Only 4% of child marriages in India take place among women who have completed more than 12 years of education.
- Thus, the data confirm that a significant proportion of child marriages takes place among women with less than 12 years of Schooling and households that are socially and economically disadvantaged.
5. Factors behind child marriages
5.1 Poverty
Equally, a large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
These factors curtail a girl's opportunities to continue her education.
And in turn, the lack of educational opportunities plays an important role in facilitating child marriages.
5.2 Social Norms
It is because of social norms in many regions and cultures that parents begin preparations for a girl's marriage once she has reached menarche.
Because marriage often determines a woman's status in many societies, parents also worry that if they don't marry their daughters according to social expectations, they will not be able to marry them at all.
Forced child marriage also is a route to cementing family, clan, and tribal connections or settling obligations.
5.3 Limited Education
Little or no schooling strongly correlates with being married at a young age. Conversely, attending school and having higher levels of education protect girls from the possibility of early marriage.
5.4 Insecurity in the Face of Conflict:
When families live in unsafe regions, parents may genuinely believe that marrying their daughters is the best way to protect them from danger.
Source:indianexpress
