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.
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