Context: Recent Supreme Court rulings have brought attention to the high prevalence of child marriage in India, despite the enactment of the Prohibition of Child Marriage Act (PCMA) nearly two decades ago. India remains home to one-third of the world’s child brides.
Historical Background of Child Marriage Laws in India
- Rukhmabai Case (1884): Highlighted the injustice of child marriage when Rukhmabai refused to live with her husband at age 11, sparking discussions on women’s rights.
- Age of Consent Act, 1891: Following the Phulmoni Dasi case, this law raised the age of consent from 10 to 12 years, indirectly influencing the age at marriage.
- Child Marriage Restraint Act (1929): Also known as the Sarda Act, it set minimum marriage ages at 14 for girls and 18 for boys, marking the first direct attempt to curb child marriage.
- Prohibition of Child Marriage Act (PCMA), 2006: Established the minimum legal marriage age as 18 for girls and 21 for boys, making child marriages voidable.
Recent Supreme Court Guidelines (2024)
- Prevention Over Criminalisation: Emphasizes using education and community programs to prevent child marriages, focusing less on punitive measures.
- Protection for Young Girls: Seeks to safeguard young girls from criminal penalties, focusing instead on legal and social support.
- Support Systems for Child Brides: Encourages rehabilitation, counseling, and access to education and healthcare for child brides to help them reintegrate and break cycles of poverty.
Causes of Child Marriage in India
- Economic Hardship: Economic strains lead families to marry daughters early. NFHS-5 data shows that 23% of girls from low-income households marry before 18.
- Cultural Beliefs: Concerns about chastity and premarital relationships drive early marriages.
- Education Access: Limited educational opportunities correlate with higher child marriage rates, with only 12% of uneducated girls marrying after 18 compared to 68% of those who finish secondary school.
- Weak Legal Enforcement: Despite the PCM Act, child marriage persists in rural areas like Bihar and West Bengal, where child marriage rates exceed 40%.
Legal and Social Challenges
- Social Norms: Deep-rooted customs often favor early marriage, complicating implementation in regions such as Bihar and West Bengal.
- Legal Complexities: Criminalizing child marriage risks stigmatizing young girls and alienating families.
- Weak Enforcement: Limited law enforcement resources and training allow child marriage cases to go unreported, with UNICEF estimating 70% of rural cases remain unaddressed.
- Lack of Awareness: NFHS-5 reports that 64% of women aged 15-49 are unaware of the legal marriage age.
- Insufficient Support: Only 40% of child brides receive support post-marriage, according to UNFPA data.
- Conflicting Rulings: Cases like Yunus Khan v. State of Haryana (2014) create legal confusion by permitting child marriage in certain circumstances.
Impacts of Child Marriage
- Gender Inequality: Child marriage perpetuates the perception of girls as economic burdens, controlling their marriage and autonomy.
- Educational and Economic Disempowerment: Child brides are often forced to drop out, limiting future opportunities and deepening poverty cycles.
- Health Risks: Early pregnancies expose young mothers to high health risks, contributing to maternal mortality.
Way Forward
- Strengthening Legal Frameworks: Adopt amendments like those in Karnataka (2016) and Haryana (2020) that declare child marriages void from inception.
- Awareness Campaigns: Launch targeted initiatives to educate communities on the legal ramifications and harms of child marriage.
- Enhancing Education: Improve access to education for girls, particularly in high-prevalence states, to empower them and delay marriage.
- Economic Support: Provide economic assistance to alleviate financial pressures that drive child marriage.
- Improving Enforcement: Train law enforcement agencies to better implement the PCMA and encourage reporting.
- Partnering with NGOs: Engage community leaders and NGOs to challenge cultural norms and advocate for girls’ rights.
- Engaging Men and Boys: Involve male allies in promoting gender equality, challenging traditional norms, and supporting anti-child marriage efforts.
- Monitoring and Evaluation: Establish a robust system to track and evaluate child marriage reduction initiatives, making data-driven policy adjustments.