Child Marriage in India: Prevalence, Consequences & Way Forward

• The Supreme Court of India, in a petition by the Society for Enlightenment and Voluntary Action, urged Parliament to amend the Prohibition of Child Marriage Act (PCMA), 2006, to explicitly ban child betrothals, citing violations of autonomy, free choice, and childhood rights.
• A three-judge bench led by the then Chief Justice D.Y. Chandrachud highlighted that such practices breach fundamental rights and international conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which prohibits minor betrothals. The Court called for stricter laws to safeguard children’s rights and end child marriage.

About Child Marriage

• Child marriage is defined as any formal or informal union where a child, either a girl or a boy, is married or cohabits with a partner before reaching the age of 18. This includes legally recognised marriages and customary or traditional unions, where children under 18 live with a partner in a marital relationship.

Reasons for its Prevalence in India

• Poverty: 23.3% of women aged 20-24 were married before 18 (NFHS-5). Families in poverty marry off daughters to reduce financial burdens, including dowries.
• Cultural Beliefs: Child marriage is seen as preserving family honour and protecting girls’ virginity, especially in patriarchal communities (UNICEF).
• Patriarchy and Gender Inequality: Girls are viewed as economic burdens and early marriage transfers this responsibility to the husband’s family. Rural areas have higher rates of child marriage (47% vs. 27% in urban areas, Census 2011).
• Lack of Education: Limited access to education for girls reduces resistance to marriage. Only 47% of rural girls complete secondary education (UNICEF).
• Fear of Safety: Child marriage is seen as protection from abuse and violence. The NCRB reported over 32,000 crimes against women in 2022, fuelling this fear.
• Weak Law Enforcement: The Prevention of Child Marriage Act (2006) is poorly enforced, with low conviction rates and inadequate monitoring, especially in rural areas.

Adverse Consequences of Child Marriage

• Violation of Human Rights: Denies children their right to education, health, a joyful childhood, and freedom to choose their life path, violating multiple fundamental rights.
• Physical Health Risks: Leads to forced sexual activity, domestic violence, & reproductive health damage due to early and repeated pregnancies (6.8% of women aged 15–19 were mothers or pregnant, NFHS-5).
• Developmental Impact: Interrupts education and skill development, increasing vulnerability to abuse, poverty, and dependence.
• Psychological Impact: Causes stress, anxiety, depression, and Post-Traumatic Stress Disorder (PTSD) due to family burdens and experiences of violence and abuse.
• Intergenerational Poverty Cycle: Perpetuates poverty by limiting education, skills, and economic opportunities, while increasing household burdens due to early and larger families.
• Social Isolation: Excludes young girls from peer networks and healthy interpersonal relationships, leading to lifelong marginalisation.
• Global Impact: It directly violates SDG Goal 5: Achieve gender equality and empower all women and girls, by perpetuating gender disparities and obstructing women’s empowerment.

Measures Taken by the Government to Check Child Marriage

1. Prohibition of Child Marriage Act (PCMA), 2006: Criminalises child marriage, prohibiting marriage for girls under 18 and boys under 21. It also empowers state governments to appoint Child Marriage Prohibition Officers (CMPOs).
2. Juvenile Justice Act, 2015: Provides care and protection for children at risk of early marriage, ensuring legal support and intervention.
3. Beti Bachao Beti Padhao Scheme (2015): Aimed at promoting gender equality and empowering girls through education and awareness.
4. Sukanya Samriddhi Yojana: A savings scheme that encourages families to invest in girls’ futures, promoting financial security and delaying marriage at an early age.
5. National Action Plan to Prevent Child Marriage: Focuses on better data collection, awareness campaigns, and coordination between state and local governments to support at-risk girls.
6. CHILDLINE (1098): A 24/7 emergency helpline providing immediate support, counselling, and intervention for children at risk.
7. State-Level Initiatives: Programs like Rajasthan’s Action Approach and West Bengal’s Kanyashree and Rupashree schemes offer financial support to delay marriage and keep girls in school.
8. Partnership with NGOs and UNICEF: Collaborations with organisations like UNICEF to raise awareness and train local leaders to prevent child marriage, particularly in rural areas.
9. Legal Protection for Child Brides: Laws such as the Protection of Children from Sexual Offences Act (2012) and Juvenile Justice Act (2015) provide safeguards against abuse and exploitation.

Way Forward

• Legal Enforcement: Ensure the appointment of Child Marriage Prohibition Officers (CMPOs) and strengthen their role without additional duties.
• Judicial Action: Empower Magistrates to take suo motu action and establish fast-track courts to handle child marriage cases swiftly.
• Community Engagement: Adopt the “Child Marriage Free Village” initiative, akin to the “Open Defecation Free” campaign, for community-driven awareness.
• Education and Capacity Building: Integrate sexuality and rights education into school curricula and train key stakeholders like health workers and law enforcement on prevention.
• Technological Integration: Set up a centralised reporting portal for child marriages and use technology to raise awareness, focusing on high-risk regions.
• Financial Empowerment: Offer microfinance and livelihood support to families, reducing the financial burden that leads to child marriages.
• Resource Allocation: Allocate dedicated funds at the state level for prevention programs and ensure the effective use of the Juvenile Justice Fund.

  Reference: The Hindu 

PMF IAS Pathfinder for Mains – Question 26

Q. Child marriage continues to persist in India despite legal provisions to prevent it. Discuss the reasons for its prevalence, its impact on children, and the measures needed to eliminate this practice. (250 Words) (15 Marks)

Approach

• Introduction: Write a brief introduction about the prevalence of child marriage in India.
• Body: Discuss the reasons for the prevalence and its impact on children.
• Conclusion: Write the measures & conclude by emphasising the need for comprehensive reforms.