CHILD MARRIAGE

2. What is child marriage

Child marriage is a marriage or union between a child under the age of 18 and an adult or another child. It is a harmful practice that violates the rights of children and has devastating consequences for their lives. Child marriage is defined as any formal marriage or informal union between a child under the age of 18 and an adult or another child. This includes both legally recognized marriages and informal unions where a child lives with a partner as if they are married.

3. The statistics and data on Child Marriage in India

Child marriage remains a significant issue in India, despite a decline in recent years. According to UNICEF, India has the highest number of child brides in the world, with an estimated 1.5 million girls married before the age of 18 every year. 

• The prevalence of child marriage in India varies across regions, with higher rates in rural areas and certain states. According to the National Family Health Survey (NFHS-5) conducted in 2019-2021, 23% of women aged 20-24 were married before the age of 18.
• Rajasthan has the highest prevalence of child marriage, with 35.4% of women aged 20-24 married before 18. Other states with high rates include Bihar (32.4%), Uttar Pradesh (29.3%), Jharkhand (26.5%), and Madhya Pradesh (25.2%).
• Child marriage is more prevalent in rural areas compared to urban areas. In rural areas, 27% of women aged 20-24 were married before 18, compared to 14.7% in urban areas.
• Education plays a crucial role in reducing child marriage. The NFHS-5 data shows that among women with no education, 46.5% were married before 18, compared to 11.4% among women with 12 or more years of education.
• Despite the high prevalence, there has been a decline in child marriage rates in India. The NFHS-5 data shows a decrease from 47.4% in 2005-2006 to 23% in 2019-2021.

4. Reasons for the prevalent of child marriages in India

Child marriage remains prevalent in certain areas of India due to a complex interplay of social, economic, and cultural factors. These factors reinforce each other, making it difficult to eradicate the practice entirely. Some of the key reasons for the persistence of child marriage in certain areas include:

• In some communities, child marriage is deeply ingrained in social norms and traditions. Girls are often seen as a burden, and marrying them off early is considered a way to protect their family's honour and reduce the economic strain.
• Poverty is a major driver of child marriage. Families struggling to make ends meet may see marrying off their daughters early as a way to reduce their financial burden and ensure their daughters' future security.
• In many communities where child marriage is prevalent, girls are not valued as much as boys. They are often denied education and opportunities for personal development, making them more vulnerable to early marriage.
• Education plays a crucial role in preventing child marriage. Girls who are educated are more likely to delay marriage, have better health outcomes, and contribute to their families and communities. However, in many areas where child marriage is common, girls have limited access to education.
• While India has laws prohibiting child marriage, enforcement remains weak, particularly in rural areas. This lack of enforcement allows the practice to continue unchecked.

5. Why Child Marriage is a violation of Human Rights?

Child marriage is a violation of human rights because it deprives children of their fundamental rights and freedoms, undermining their physical, emotional, and social well-being. It robs them of their childhood, their education, and their health, perpetuating gender inequality and perpetuating cycles of poverty.

• Right to Free and Full Consent to Marriage: Child marriage violates the right to free and full consent to marriage, as enshrined in the Universal Declaration of Human Rights (UDHR) and other international human rights instruments. Children, due to their age and immaturity, are not capable of making informed and independent decisions about marriage. They may be coerced or manipulated into marrying against their will, often by parents or guardians who prioritize cultural norms or economic considerations over the child's well-being.
• Right to Education: Child marriage often leads to girls dropping out of school, depriving them of their right to education and limiting their future opportunities. Early marriage responsibilities, such as household chores, childcare, and early pregnancy, hinder their ability to pursue education and personal development.
• Right to Health: Child marriage poses serious health risks, particularly for girls. Early pregnancy and childbirth increase the risk of maternal mortality, obstetric fistula, and other health complications. Girls married young are more vulnerable to sexually transmitted infections, including HIV/AIDS, due to power imbalances and limited access to reproductive health information and services.
• Right to Protection from Violence: Child brides are more susceptible to domestic violence, sexual abuse, and exploitation. The power imbalance in these marriages makes it difficult for girls to assert their rights or seek help, perpetuating a cycle of violence and trauma.
• Right to Equality and Non-Discrimination: Child marriage reinforces gender inequality, perpetuating the notion that girls are less valuable than boys. It limits their opportunities for personal growth and perpetuates harmful stereotypes that undermine their agency and decision-making power.

6. The Government initiatives were taken to curb Child Marriages in India

7. The Prohibition of Child Marriage (Amendment) Bill, 2021 

The Prohibition of Child Marriage (Amendment) Bill, 2021, proposes to amend the Prohibition of Child Marriage Act, 2006, to strengthen the legal framework against child marriage and enhance the protection of children, particularly girls.

The key provisions of the Bill include:

• The Bill proposes to increase the minimum age of marriage for women from 18 to 21 years, bringing it at par with the minimum age for men. This aligns with the principle of gender equality and recognizes that women should have the same opportunities as men to pursue education, personal development, and career aspirations before entering marriage.
• The Bill proposes to make child marriage a cognizable offence, allowing police to arrest an accused without a warrant, and a non-bailable offence, making it more difficult for the accused to obtain bail. This strengthens the deterrent effect of the law and sends a strong message against child marriage.
• The Bill proposes to increase the punishment for child marriage to a minimum of two years imprisonment and a fine of up to one lakh rupees. This enhanced punishment reflects the seriousness of the offence and aims to discourage individuals from engaging in child marriage practices.
• The Bill proposes to extend the period for annulment of child marriage from two years to five years after attaining majority. This provides a longer window for victims of child marriage to seek legal remedies and escape from unwanted marital unions.
• The Bill proposes to designate Child Marriage Prohibition Officers (CMPOs) at various levels to prevent, monitor, and report child marriage cases. These officers would be responsible for conducting awareness campaigns, investigating child marriage cases, and facilitating legal action.
• The Bill proposes to give the Prohibition of Child Marriage Act an overriding effect on any personal law, custom, usage, or practice governing the parties. This ensures that the Act takes precedence over any conflicting provisions in personal laws, ensuring uniformity in the legal framework against child marriage.

8. International Conventions and Declarations

The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962), the UN Convention on the Elimination of All Forms of Discrimination against Women (1979), and the Beijing Declaration (1995) all address the issue of child marriage and call for its elimination.

• UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962) establishes that all marriages must be entered into with the full and free consent of both parties, and it sets a minimum age for marriage at 15 years old. However, it allows for countries to set a higher minimum age, and it encourages them to do so.
• UN Convention on the Elimination of All Forms of Discrimination against Women (1979) defines child marriage as a form of discrimination against women and girls, and it calls on states to take all appropriate measures to eliminate child marriage, including setting a minimum age for marriage at 18 years old.
• Beijing Declaration (1995) reaffirms the commitment to eliminate child marriage and calls on states to take measures to prevent and eliminate child marriage, including enacting and enforcing laws that set a minimum age for marriage at 18 years old. It also calls for measures to address the root causes of child marriage, such as poverty, gender inequality, and lack of access to education.