{"id":127753,"date":"2021-08-21T18:00:41","date_gmt":"2021-08-21T12:30:41","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=127753"},"modified":"2021-08-22T08:38:31","modified_gmt":"2021-08-22T03:08:31","slug":"elopements-most-prosecuted-under-child-marriage-law-study","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/elopements-most-prosecuted-under-child-marriage-law-study\/","title":{"rendered":"Elopements most prosecuted under child marriage law: study"},"content":{"rendered":"

Source:<\/b> The Hindu<\/b><\/a><\/p>\n

What is the News?<\/b><\/h5>\n

Partners for Law in Development (PLD), a Delhi-based legal resource group has released a study titled \u201cChild Marriage Prosecutions in India<\/strong>\u201d.<\/span><\/p>\n

About Child Marriage Prosecutions in India study:<\/b><\/h5>\n
    \n
  1. The study analysed 83 cases of child marriage prosecutions over a period of 10 years between 2008 and 2017 across the country.<\/span><\/li>\n
  2. These cases include cases filed under the Prohibition of Child Marriages Act<\/a>, 2006 as well as cases initiated under other laws in relation to child marriage such as the Protection of Children from Sexual Offences Act (POCSO), 2012<\/a> and the Indian Penal Code (IPC).<\/span><\/li>\n<\/ol>\n

    Key Findings of the Study:<\/b><\/p>\n

    Legal Prosecution of child marriages:<\/b><\/h5>\n
      \n
    1. Legal prosecution of child marriages<\/b> was twice as much against elopement or self-arranged marriages by girls with such cases accounting for 65% ( 54 out of a total 83 cases) of the total cases studied.\u00a0<\/span><\/li>\n
    2. Only 30% of the cases <\/b>were those of arranged child marriages and a mere 5% were forced child marriages (such as those that involved kidnapping, enticement or forcible marriage by parents).<\/span><\/li>\n<\/ol>\n
      Initiation of Legal Proceedings:<\/b><\/h5>\n
        \n
      1. In 67% of the cases, <\/b>it was primarily the parents of girls who approached the legal system with a complaint against child marriage.<\/span><\/li>\n
      2. Only 7% of the cases<\/b> were initiated by a child marriage prohibition officer \u2014 the State functionary designated for implementing the law.\u00a0<\/span><\/b><\/li>\n
      3. Girls accessed the law<\/b> on their own was the least, with only 3.5% of the cases filed to seek the nullification of their arranged marriage or to initiate criminal legal action against their parents for arranging an underage marriage.<\/span><\/li>\n<\/ol>\n

        Punishment for Elopement vs Forced and arranged child marriages:<\/b><\/p>\n

          \n
        1. The punishment<\/b> for elopement versus forced and arranged child marriages are hugely disproportionate.\u00a0<\/span><\/li>\n
        2. Elopement could invite punishment <\/b>of 10 years to life imprisonment if convicted for rape under the IPC or jail of 20 years to a maximum punishment of death under the POCSO Act.<\/span><\/li>\n
        3. On the other hand,<\/b> forced marriages under the <\/span>prohibition of the Child Marriage <\/span>Act(<\/span>PCMA) come with no minimum sentence and a maximum sentence of imprisonment for two years and\/or a fine.\u00a0<\/span><\/li>\n
        4. The study terms this <\/b>as \u201cweaponization of the law to settle family dishonour\u201d.<\/span><\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

          Source: The Hindu What is the News? Partners for Law in Development (PLD), a Delhi-based legal resource group has released a study titled \u201cChild Marriage Prosecutions in India\u201d. About Child Marriage Prosecutions in India study: The study analysed 83 cases of child marriage prosecutions over a period of 10 years between 2008 and 2017 across… Continue reading Elopements most prosecuted under child marriage law: study<\/span><\/a><\/p>\n","protected":false},"author":10317,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,7965,9],"tags":[9233,8886,8831],"class_list":["post-127753","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-miscellaneous-daily-factly-articles","category-public","tag-child-marriage","tag-child-related-issues","tag-law-and-mechanism-for-protection-of-vulnerable-sections","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704877359},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/127753","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10317"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=127753"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/127753\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=127753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=127753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=127753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}