Issues related to child marriages in India- Explained Pointwise

The Supreme Court of India has asked the Parliament to consider banning child betrothals (marriages fixed in the minority of a child) by amending the Prohibition of Child Marriage Act (PCMA) of 2006. The Supreme Court has held that marriages fixed in the minority of a child violate their ‘free choice‘ and ‘childhood‘, and infringe on a child’s rights to autonomy and self-agency.

A three-judge bench presided by Chief Justice of India D Y Chandrachud held that international law, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), also stipulates against betrothals of minors.

What is Child Marriage? What is the status of Child Marriage in India?

Child Marriage- Child marriage is defined as a marriage of a girl or boy before the age of 18. It includes both formal marriages and informal unions in which children under the age of 18 live with a partner as if married.

Status of Child Marriage

What are the harmful impacts of Child Marriage?

1. Violation of Child Rights- Child marriage violates the right to education, right to health and right to be safe from physical and mental violence, sexual abuse, rape, and sexual exploitation. It also robs the children their right to freedom to choose their partner and life path.

2. Social marginalisation and isolation- Early marriages deprive girls of their childhood and force them into social isolation. Similarly, boys who marry early are pressured to take on family responsibilities prematurely.

3. Increases Illiteracy- Child brides are often taken out of school and not allowed to get further education. This increases the illiteracy in India.

4. Breeds Intergenerational Cycle of Poverty- Child marriage negatively affects the economy and can lead to an intergenerational cycle of poverty. Girls and boys married as children more likely lack the skills, knowledge, and job prospects needed to lift their families out of poverty. Early marriage leads girls to have children earlier and more children over their lifetime, increasing economic burden on the household.

5. Health Issues- 
(a) Stunted Children- Children born to adolescent mothers have a greater possibility of seeing stunted growth (According to NFHS-5, prevalence of child stunting is 35.5%.).
(b) Premature Pregnancy- Child marriage leads to pregnancy at a younger age, with women having more than one child before their mind and bodies are ready.
(c) Maternal Mortality- Girls under 15 are five times more likely to die during childbirth or pregnancy. The leading cause of death for girls ages 15 to 19 around the world is pregnancy-related deaths
(d) Infant Mortality- Babies born to mothers younger than 20 have almost 75% higher death rates than babies born to mothers older than 20 years. The children who do make it are more likely to be born pre-mature and with a low birth weight.
(e) Mental health- Abuse and violence can lead to PTSD (Post-Traumatic Stress Disorder) and depression.

What are the reasons for prevalence of Child Marriage?

Child marriage has strong roots in culture, economics, and religion.

1. Poverty- Poor Families ‘sell’ their children through marriage to pay off debts or to get out of the cycle of poverty.

2. “Protecting” the Girl’s Sexuality- In some cultures, marrying a girl young is thought to “protect” the girl’s sexuality and the family’s honour.

3. Customs and Traditions- The prevalence of customary practices like dowry also leads to an increase in child marriage. Generally, the amount of dowry rises with age of the girl (beyond a certain limit). So families prefer to marry their girls young.

4. Security- Parents often marry their daughters off young to “secure” a good future for them. Abuse, rape, and other crimes against girls, also makes parents turn to child marriage as a way to protect their daughters.

5. Discrimination based on gender- Child marriage is a manifestation of discrimination against girls and women. According to a UNICEF report on ‘Child Marriage and the Law‘, child marriage a major manifestation of gender based discrimination.

6. Laxity in Implementation of Laws- Laxity in implementation of laws like the Prevention of Child Marriage Act, 2006, non-registration of marriages, also increase the child marriage in India.

What steps have been taken to check Child Marriage?

What should be the approach going ahead?

1. Empowering the Girl Child– The Governments should take all possible steps to improve access to education for girls, like providing schools with proper sanitation facilities and Incentivising increased enrolment in school.

2. Proper Implementation of Laws- Village Panchayats must work closely with the Child Protection Committees and Child Marriage Prohibition Officers to prevent instances of child marriages.

3. Social Change- There is a need to sensitize the parents and society about the ills of child marriage. Rallying the wider community to stand up for girls’ rights will help bring the change.

4. Financial Upliftment- Providing families with livelihood opportunities like microfinance loans is an effective way to prevent child marriages that occur as a result of financial stress.

Conclusion

Child marriage spells an end to childhood, deprives children of their rights and leads to negative consequences for society. The efforts of the Union and State Governments, NGOs have led to a sharp decline in the instances of child marriages. However, all stakeholders should continue their efforts till this evil practice is eliminated completely.