Child marriage remains a deeply rooted issue in many parts of India, despite the existence of stringent laws to combat it. The practice has long-lasting consequences on the physical, emotional, and social well-being of young girls, impacting their education, health, and prospects for a better future. Many best colleges for law organises legal aid camps to raise awareness in the society against the evils of child marriages.
The Legal Framework in India
India has a robust legal framework that prohibits child marriages, with a combination of national laws, international treaties, and judicial mandates to protect children, especially girls, from being married off before they reach adulthood.
1. The Prohibition of Child Marriage Act (PCMA), 2006
The Prohibition of Child Marriage Act (PCMA) was enacted to prevent the marriage of minors and protect those who are already married. According to the Act:
The minimum legal age for marriage is 18 years for girls and 21 years for boys.
Child marriages, if conducted, are voidable at the discretion of the minor party.
The law provides for punishment for those who promote or solemnize child marriages, including the parents or guardians of the minor involved.
It also mandates the appointment of Child Marriage Prohibition Officers (CMPOs) to act against child marriage.
2. The Indian Penal Code (IPC)
Various sections of the IPC also address child marriage. For instance:
- Section 375 (Rape): Marrying a girl below 12 years of age is considered statutory rape under the IPC, irrespective of consent.
- Section 366 (Kidnapping, abducting, or inducing a woman to compel her marriage): This section penalizes those involved in the abduction or coercion of a girl for marriage, further providing legal action against child marriages.
3. The Juvenile Justice (Care and Protection of Children) Act, 2015
This law is aimed at providing care and protection for children who are victims of child marriage. It stipulates that child brides can be treated as victims and can access legal protection and rehabilitation services.
4. International Commitments and Human Rights Laws India is a signatory to the Convention on the Rights of the Child (CRC), which mandates the elimination of child marriages. The UNICEF and UN Women have also played significant roles in advocating for the protection of girls from early marriage globally.
The Ground Reality: Challenges in Enforcing the Law
Despite the legal provisions in place, child marriage continues to be prevalent, particularly in rural areas. Several factors contribute to the persistence of this issue:
1. Cultural and Social Norms
In many regions, child marriage is a deeply ingrained social custom, where marrying off girls early is seen as a way of protecting family honor, securing financial stability, or preventing premarital sexual activity. This cultural normalization of early marriage often overrides legal provisions.
2. Poverty and Lack of Education
Poverty is a significant driving force behind child marriages in India. Families in impoverished conditions may view early marriage as a financial burden reduction strategy. Furthermore, the lack of access to education, particularly for girls, means that they may see marriage as the only way to secure their future.
3. Ineffective Implementation of Laws
While laws against child marriage exist, their enforcement remains weak due to lack of awareness, insufficient training for law enforcement personnel, and bureaucratic inertia. In some cases, the laws themselves may not be fully understood by communities, and many families may not report instances of child marriage for fear of social stigma or retribution.
4. Health and Psychological Impact
Early marriages often lead to early pregnancies, which can have severe health consequences, including maternal mortality and infant mortality. Young brides, many still physically immature, are at higher risk during childbirth. Psychological trauma, domestic violence, and social isolation are common issues faced by child brides, who are often forced into roles of adulthood before they are emotionally or mentally ready.
Recent Trends and Government Efforts
In recent years, India has made strides toward addressing child marriage, but progress has been slow.
1. Awareness Campaigns and Education Initiatives
Government programs like Beti Bachao Beti Padhao (Save the Girl Child, Educate the Girl Child) and National Action Plan to End Child Marriage have worked to spread awareness about the harmful effects of child marriages. These initiatives focus on educating communities, empowering women, and improving access to education for girls.
2. Strengthening Law Enforcement
In several states, authorities have started working more closely with NGOs to identify and prevent child marriages. Special teams have been set up in police stations to address cases of child marriages, and action has been taken against those who perform or facilitate such unions.
3. Delay in Minimum Age of Marriage for Women
In 2020, the Indian government discussed the possibility of raising the minimum legal age for marriage for women from 18 to 21 years, in line with the age for men. This move, if passed, could have a positive impact on reducing child marriages by aligning the marriage age with the age of maturity for both genders.
The Way Forward
1. Community Empowerment and Awareness
Tackling child marriage requires a multi-faceted approach. Beyond law enforcement, community empowerment is essential. Public awareness campaigns can help change attitudes toward child marriage, and educational programs must be strengthened to keep girls in school and delay marriage.
2. Addressing Gender Inequality
Gender inequality remains a core issue. Providing women with access to opportunities, financial independence, and decision-making power can reduce the tendency to marry off young girls. Programs that support the economic and social empowerment of women are critical to breaking the cycle of child marriage.
3. Strengthening Legal Reforms
Continuous review and enhancement of the legal framework are necessary. The existing laws need to be better implemented, with more resources allocated to enforcement and support for victims. Moreover, making the process of reporting and investigating child marriages easier could help reduce cases going unnoticed.
4. Collaboration with NGOs and International Bodies
Government efforts need to be supported by NGOs and international organizations that specialize in child rights, women’s empowerment, and education. Collaborative efforts can lead to more effective interventions and more outreach to vulnerable communities.
Conclusion
India has made significant strides in creating a legal framework to prevent child marriages. However, the persistence of deep-rooted cultural practices, poverty, and gender inequality presents ongoing challenges. The fight against child marriage requires a concerted effort from all sectors of society, including the government, communities, and non-governmental organizations.
Various best colleges for law are dedicated towards creating awareness in the society to curb this evil. By improving law enforcement, expanding educational opportunities for girls, and changing societal attitudes, India can take a major step toward ending the harmful practice of child marriage and ensuring a brighter future for its children.
