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Child Marriage in India

Child Marriage in India

 

Context

Despite 18 years of the Prohibition of Child Marriage Act (PCMA), 2006, states like Andhra Pradesh continue to report a high incidence of child marriage. This persistence underscores a significant gap between legislative intent and the prevailing social and economic realities on the ground.

 

About the News

  • Definition: Child marriage is a formal or informal union where at least one party is under 18 years of age. It is recognized as a violation of fundamental children's rights, including health, education, and protection.
  • Current Trends:
    • Prevalence: Approximately 16% of girls aged 15–19 are married. While rates dropped from 47% (2005–06) to roughly 23–27% (NFHS-5), the pace of decline remains slow.
    • Global Standing: India accounts for nearly 1.5 million child marriages annually, the highest absolute number globally.
    • Regional Hotspots: High incidence persists in Bihar, West Bengal, Rajasthan, Andhra Pradesh, and Madhya Pradesh.

 

Legal and Historical Framework

  • Evolution of Reform: * Social Movements: Early pioneers like Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar identified child marriage as a core social evil.
    • Sarda Act (1929): The first legislative attempt to fix a minimum age, though it suffered from weak enforcement.
  • Current Law (PCMA, 2006):
    • Declares child marriages voidable at the option of the minor.
    • Introduces stringent penalties for those performing or abetting such marriages.
    • Mandates the appointment of Child Marriage Prohibition Officers (CMPOs).
  • Global Alignment: India aims to eliminate the practice by 2030, aligning with Sustainable Development Goal 5 (Gender Equality) through initiatives like Bal Vivah-Mukt Bharat.

 

Drivers and Challenges

Reasons for Persistence:

  • Economic Distress: Poor households often view early marriage as a "social protection" mechanism and a way to reduce the financial burden of care.
  • Educational Gaps: School dropouts—driven by distance, safety concerns, or costs—drastically increase the vulnerability of girls.
  • Gender Norms: Deep-rooted patriarchal beliefs prioritize "family honor" and view girls as paraya dhan (someone else’s property).
  • Lack of Awareness: Limited understanding of the health risks and legal penalties associated with the PCMA.

Key Challenges:

  • Weak Enforcement: Low conviction rates and a high pendency of cases in courts dilute the law's deterrent effect.
  • Family Complicity: Marriages often occur with the full support of the community and family, making timely intervention difficult.
  • Institutional Gaps: Many CMPOs hold additional charges, leading to a lack of specialized focus on rescue and rehabilitation.
  • Health Impacts: Adolescent motherhood leads to higher maternal mortality, anemia, and low birth-weight infants.

 

Way Forward

  • Education-First Strategy: Implement conditional cash transfers tied to secondary school completion to delay marriage and expand life choices.
  • Economic Empowerment: Provide vocational and life-skills training through upgraded Anganwadi centers to reduce poverty-driven decisions.
  • Community Ownership: Engage Panchayats, faith leaders, and youth groups to create "Child Marriage-Free" village declarations.
  • Strengthened Enforcement: Utilize digital reporting and dedicated police units to ensure swift FIR registration and accountability.
  • Integrated Support: Link legal protection with health and nutrition programs, utilizing platforms like Nari Adalats for community mediation.

 

Conclusion

Child marriage is a complex symptom of poverty, gender inequality, and systemic neglect rather than a simple legal violation. Safeguarding children's rights requires a shift beyond legislation toward a comprehensive ecosystem of education, economic security, and community-led social change to break the intergenerational cycle of deprivation.

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