Child Marriage

Source: The Hindu (Child Marriage)

Why in News ?

The case of a 15 year old girl from Rajasthan, who took a courageous stand against her marriage, highlights the alarming prevalence of marriage at a very early age in India, particularly in Rajasthan, and the impact of grassroots efforts in combating this social evil.

Relevance for UPSC

  • GS-I (Society): Issues related to gender inequality, child marriage, and cultural practices.
  • GS-II (Governance): Role of NGOs, judicial interventions, and government policies in addressing social issues.
  • Essay: “Empowering Girls: The Key to Breaking the Cycle of Child Marriage.”
  • Ethics Case Study: Shivika’s story as an example of courage, societal reform, and the role of ethical decision-making.

Key Points

Prevalence of CM:

  1. High Incidence in Rajasthan:
    • NFHS-5 (2022) revealed that 33.5% of girls in Karauli district are married before the legal age, exceeding the national average of 23.3%.
    • Rural areas in Rajasthan see 28.3% of women aged 20-24 married before 18, compared to 15.1% in urban areas.
  2. Cultural and Economic Factors:
    • Child marriage is often driven by poverty, social norms, and the belief that early marriage ensures girls’ security.
    • Parents, like Shivika’s father, see mass marriages as cost-effective solutions.

CASE STUDY: Shivika’s Intervention

  1. Role of Awareness and NGOs:
    • Shivika contacted the Gramrajya Vikas Evam Prashikshan Sansthan, an NGO, which involved Child Line officials and stopped the marriages.
    • The NGO provided her family with counseling, while helping her father secure a job to alleviate financial distress.
  2. Empowerment through Education:
    • Teachers and awareness campaigns played a pivotal role in empowering Shivika with knowledge about her rights.
    • She aspires to become a social worker to prevent child marriages in her community.

Background in Abolishing Child Marriage in India

The abolition of child marriage in India has been a long and complex process, rooted in both legal reforms and social movements.

Despite significant progress, child marriage continues to persist, particularly in rural areas, due to socio-economic factors, cultural traditions, and legal ambiguities.

Key Historical Milestones:

  1. Colonial-Era Reforms:
    • Age of Consent Act, 1891:
      • The first law addressing child marriage in India was enacted by the British, setting the minimum age of consent for marriage at 12 years for girls.
      • This act was prompted by public outrage over cases like the tragic death of 11-year-old Phulmonee due to marital rape.
    • Sarda Act, 1929:
      • The Child Marriage Restraint Act (popularly known as the Sarda Act) raised the minimum marriageable age to 14 for girls and 18 for boys.
      • This law was one of the earliest legislative attempts to combat child marriage, but its enforcement remained weak.
  2. Post-Independence Efforts:
    • Amendments to the Sarda Act:
      • After independence, the minimum age for marriage was revised multiple times, with the age for girls being raised to 15 in 1949 and 18 in 1978.
    • Child Marriage Restraint Act (1978):
      • This amendment further increased penalties for those involved in child marriages and reinforced the legal minimum marriageable age.
      • However, enforcement challenges persisted due to socio-cultural acceptance of child marriage.
  3. Prohibition of Child Marriage Act (PCMA), 2006:
    • The PCMA was enacted to address the limitations of earlier laws, explicitly criminalizing child marriage and providing for the annulment of such marriages.
    • The Act set the marriageable age at 18 for girls and 21 for boys, emphasizing stricter penalties for those performing or abetting child marriages.
    • It introduced a mechanism for child marriage prohibition officers to prevent such marriages and protect victims.
    • Despite the PCMA, enforcement remains inconsistent due to cultural norms, religious practices, and lack of awareness.
  4. National and International Commitments:
    • India is a signatory to international conventions such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which obligate it to eliminate child marriage.
    • The National Plan of Action for Children, 2016 aims to address child marriage as part of broader child rights initiatives.

Challenges in Addressing Child Marriage

  1. Social & Cultural Sanctions:
    • Child marriage is deeply ingrained in tradition, with religious and cultural acceptance making it difficult to eradicate.
  2. Complex Legal Framework:
    • The Prohibition of Child Marriage Act (PCMA), 2006, sets the minimum marriageable age at 18 for women and 21 for men, aiming to prevent child marriages across all communities. However, Muslim personal law, which governs marriage among Muslims, permits marriage upon attaining puberty, presumed to be at 15 years of age.
    • The coexistence of the PCMA and Muslim personal law has resulted in varied judicial interpretations, creating uncertainty about the legality of child marriages within the Muslim community.
    • This legal dichotomy poses significant challenges to child protection efforts. The ambiguity can hinder the enforcement of laws designed to prevent child marriage, leaving minors vulnerable.
  3. Economic Vulnerability:
    • Families in poverty often view marriage as a way to reduce financial burdens.
    • Lack of access to government schemes further pushes them toward such decisions.
  4. Weak Enforcement:
    • Despite laws prohibiting child marriage, enforcement remains poor in rural areas.
    • Local panchayats sometimes turn a blind eye or support these practices.
  5. Educational Challenges:
    • Lack of access to quality education, especially for girls, perpetuates gender inequality and early marriage.

Government and NGO Efforts (Child Mariage)

  1. Legislative Framework
    • The PCMA (2006) criminalizes child marriages but needs stronger enforcement.
    • The Rajasthan High Court recently held panchayats responsible for child marriages in their villages.
  2. Role of NGOs:
    • Organizations like Sansthan and Just Rights for Children Alliance are creating awareness, providing counseling, and connecting families to welfare schemes.
    • Grassroots activism has been pivotal in empowering children like Shivika to resist societal pressures.
  3. Government Schemes:
    • Programs like Beti Bachao Beti Padhao and Ladli Scheme aim to promote girl child education and delay marriages.
    • Enhanced financial aid and vocational training could reduce economic vulnerabilities.

Holistic Approach to Combat Child Marriage:

  1. Community Awareness:
    • Conduct mass awareness campaigns in rural areas to educate families about the consequences of child marriage.
  2. Education as a Tool of Empowerment:
    • Ensure universal access to quality education and establish more schools in rural areas.
    • Strengthen vocational training for girls to promote financial independence.
  3. Strengthening Law Enforcement:
    • Empower local authorities like panchayats to report and prevent child marriages.
    • Fast-track cases related to child marriage under the legal system.
  4. Economic Interventions:
    • Expand financial inclusion schemes and provide job opportunities to vulnerable families.
    • Implement conditional cash transfer programs tied to the education of girl children.
  5. Collaboration between Stakeholders:
    • Foster partnerships between the government, NGOs, and local communities for sustainable solutions.
  6. Legal Reforms:
    • Harmonize personal laws with the PCMA to ensure uniform application of the minimum marriageable age across all communities.

Way Forward

  • Replicating Success Stories: Shivika’s story demonstrates the power of individual courage combined with community support. Scaling such initiatives can foster change in similar areas.
  • Policy Review: The government must review and refine existing policies to align them with ground realities.
  • Empowering Youth: Encourage more youth to become change-makers within their communities, promoting awareness and resistance to outdated practices.
Scroll to Top