Child Marriage in India: The Urgent Need for Prevention to Ensure a Prosperous Future

Child Marriage continues to be a prevalent practice in many parts of the world. Even though the world is evolving at a fast pace, some regions can’t seem to move on with time. Child marriage is a deeply entrenched practice where individuals, especially girls, are married before reaching adulthood. This practice, prevalent in various regions, has profound social, economic, and health implications. Legally, many countries have established minimum marriage ages, but enforcement is often inadequate due to cultural norms and exceptions.

Child Marriage in India

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Child Marriage in India is the formal or informal marriage of a child with or without their consent, under the age of 18. In most cases, the boy or man is older than the girl. The Child Marriage Restraint Act in 1929, set the minimum age of marriage for females to be 14 and males 18. Muslims opposed the law and subsequently superseded Muslims of British India by the Muslim Personal Law (Shariat) Application Act of 1937 which implied no minimum limit and allowed parental or guardian consent in case of Muslim marriages.

The State-wise details of Child Marriage in India registered under PCMA, 2006, during the last five years, i.e., 2017, 2018, 2019, 2020, and 2021.

Causes and Impact of Child Marriage

1. Poverty: Families with limited financial resources may see child marriage as a way to reduce the economic burden, with one less person to provide for.
2. Child marriage is no less than exploitation of rights: In almost all places, the child must be 18 years and above to get married. Thus, marrying off the child before the age is exploiting their right. One of the most common causes of child marriage is the tradition which has been in practice for a long time. In many places, ever since a girl is born, they consider her to be someone else’s property. Similarly, the elders wish to work out their family’s expansion so they marry off the youngsters to characterise their status. Most importantly, poor people practice child marriage to get rid of their loans, taxes, dowry and more.

The impact of child marriage can be life-changing for children, especially girls. The household responsibilities fall on the children. They are not mentally or physically ready for it, yet it falls on them. While people expect the minor boys to bear the financial responsibilities, the girls are expected to look after the house and family. Their freedom to learn and play is taken away. Further, their health is also put at risk due to the contraction of sexually transmitted diseases like HIV and more. Especially the girls who get pregnant at a young age, it becomes harmful for the mother as well as the baby.

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The Indian government has taken several steps for child marriage

1. Legislative Measures: The Child Marriage in India Restraint Act, 1929: This act defined a minor as someone under the age of 18. As per the 1929 Act, marriage of girls below the age of 14 years and boys below the age of 18 years was prohibited. This Act was amended in 1978 to increase the minimum age to 18 years for females, and 21 years for men.
2. Government Schemes and Programs: Beti Bachao Beti Padhao (BBBP) Scheme: Launched in 2015, this scheme aims to improve the declining Child Sex Ratio (CSR) and promote the education and empowerment of girls.

This program provides a range of services to children under six years of age and aims to improve their health and nutrition, thereby indirectly supporting the prevention of child marriage.

End Child Marriage in India

1. Improve Access to Education

• Educate Girls: Ensuring that girls have access to quality education is one of the most effective ways to prevent Child Marriage in India. Educated girls are more likely to delay marriage, have healthier families, and contribute to their communities.

• Incentives for Families: Provide financial incentives or scholarships to families to encourage them to keep their daughters in school rather than marrying them off.

2. Enforce Laws and Raise the Legal Age of Marriage

• Strengthen Legal Frameworks: Governments must enforce laws that set the minimum legal age for marriage at 18. Strong penalties for those who break the law should be established and enforced consistently.

• Community Education on Laws: Many communities are unaware of these laws, so campaigns to inform families and local leaders about the legal age for marriage are essential.

3. Ending child marriage is the need of the hour

In order to end this social evil, everyone from individuals to world leaders must challenge the traditional norms. Moreover, we must do away with ideas that reinforce that girls are inferior to boys.

• We must empower the children, especially girls, to become their own agents of change. To achieve this, they must get access to quality education and allow them to complete their studies so they can lead an independent life later on.

• Safe spaces are important for children to be able to express themselves and make their voices heard. Thus, it is essential to remove all forms of gender discrimination to ensure everyone is given equal value and protection.

4. Empower Girls and Women

• Promote Gender Equality: Ending gender discrimination and promoting the value of girls and women in society can reduce the pressure for early marriage. Programs that build girls’ confidence and life skills, like leadership and negotiation training, are key.

• Vocational Training: Providing girls with skills and vocational training can make them financially independent and reduce the economic pressures leading to early marriage.

Consequences of Child Marriage

1. Early maternal deaths

Girls who marry earlier in life are less likely to be informed about reproductive issues, and because of this, pregnancy-related deaths are known to be the leading cause of mortality among married girls between 15 and 19 years of age. These girls are twice more likely to die in childbirth than girls between 20 and 24 years of age. Girls younger than 15 years of age are five times more likely to die in childbirth.

2. Infant health

Infants born to mothers under the age of 18 are 60% more likely to die in their first year than to mothers over the age of 19. If the children survive, they are more likely to suffer from low birth weight, malnutrition, and late physical and cognitive development.

3. Fertility outcomes

A study conducted in India by the International Institute for Population Sciences and Macro International in 2005 and 2006 showed high fertility, low fertility control, and poor fertility outcomes data within Child Marriage in India. 90.8% of young married women reported no use of a contraceptive prior to having their first child. 23.9% reported having a child within the first year of marriage. 17.3% reported having three or more children over the course of the marriage. 23% reported a rapid repeat childbirth, and 15.2% reported an unwanted pregnancy. 15.3% reported pregnancy termination (stillbirths, miscarriages or abortions) Fertility rates are higher in slums than in urban areas.

4. Violence

Young girls in a child marriage are more likely to experience domestic violence in their marriages as opposed to older women. A study conducted in India by the International Centre for Research on Women showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or threatened by their husbands and three times more likely to experience sexual violence. Young brides often show symptoms of sexual abuse and post-traumatic stress.

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Laws Against Child Marriage in India

The Child Marriage Restraint Act of 1929. The Child Marriage Restraint Act, also called the Sarda Act, was a law to restrict the practice of child marriage. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions of some princely states like Hyderabad and Jammu and Kashmir. This Act defined the age of marriage to be 18 for males and 14 for females. In 1949, after India’s independence, the minimum age was increased to 15 for females, and in 1978, it was increased again for both females and males, to 18 and 21 years, respectively.

The punishment for a male between 18 and 21 years to marry a child became imprisonment of up to 15 days, a fine of 1,000 rupees, or both, and a male above 21 years of age became imprisonment of up to three months and a possible fine. The punishment for anyone who performed or directed a child marriage ceremony became imprisonment of up to three months and a possible fine unless he could prove the marriage he performed was not a child marriage. A parent or guardian involved in a child’s marriage faces punishment, which can include imprisonment for up to three months or a possible fine. It was amended in 1940 and 1978 to continue raising the ages of male and female children.

The Prohibition of Child Marriage Act, 2006

In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings of the Child Marriage Restraint Act. The change in name was meant to reflect the prevention and prohibition of child marriage, rather than restraining it. The previous Act also made it difficult and time-consuming to act against child marriages and did not focus on authorities as possible figures for preventing the marriages.

This Act kept the ages of adult males and females the same but made some significant changes to further protect the children. Boys and girls forced into child marriages as minors have the option of voiding their marriage up to two years after reaching adulthood, and in certain circumstances, marriages of minors can be null and void before they reach adulthood. All valuables, money, and gifts must be returned if the marriage is nullified, and the girl must be provided with a place of residency until she marries or becomes an adult. Children born from child marriages are considered legitimate, and the courts are expected to give parental custody with the children’s best interests in mind. Any male over 18 years of age who enters into a marriage with a minor or anyone who directs or conducts a child marriage ceremony can be punished with up to two years of imprisonment or a fine.

Prohibition of Child Marriage (Amendment) Bill, 2021

In December 2021, the Indian Government presented a bill called the ‘Prohibition of Child Marriage (Amendment) Bill, 2021’ in Parliament. The purpose of this bill is to equalize the age of marriage for women with that of men by raising it to 21 years. The underlying premise of the Bill is that increasing the age of marriage, will eliminate the prevalence of child marriage. Shortly after the bill was introduced, Women and Child Development Minister Smriti Irani stated that the bill aims to supersede all current laws, including any traditions, customs, or practices related to marriage.

Conclusion

Child marriage remains a significant challenge in many regions, despite legal reforms and growing awareness. It has far-reaching consequences for individuals, particularly girls, affecting their health, education, and economic prospects. While historical laws like the Child Marriage Restraint Act of 1929 and recent measures such as the Prohibition of Child Marriage Act, of 2006, have aimed to curb this practice, there is a need for continued efforts to enforce these laws effectively and address underlying causes.

The Prohibition of Child Marriage (Amendment) Bill, 2021, seeks to further this cause by raising the legal marriage age to 21 for both genders, aiming to enhance gender equality and reduce child marriage rates. To combat child marriage effectively, a multifaceted approach is required, including strengthened legal frameworks, improved access to education, community awareness, and empowerment programs. By addressing these issues comprehensively, societies can work towards eradicating child marriage and ensuring a prosperous future for all individuals, free from the constraints of early and forced marriages. 

Dev Kirtonia

Hi, I’m Dev Kirtonia, Founder & CEO of Dev Library. A website that provides all SCERT, NCERT 3 to 12, and BA, B.com, B.Sc, and Computer Science with Post Graduate Notes & Suggestions, Novel, eBooks, Biography, Quotes, Study Materials, and more.