This article looks at the problem of child marriage, a practice that has been around for a long time and still happens today. It explores why child marriage continues and discusses a recent Supreme Court decision asking about the actions taken to enforce the Prohibition of Child Marriage Act of 2006. The article also reviews the history of child marriage, current laws, and pending amendments. It highlights how different personal laws sometimes conflict with child marriage laws, creating legal problems. Finally, it discusses the negative effects of child marriage and suggests ways to protect children's health and development.
Swami Vivekananda once said, “I must set my foot to the best of my ability upon this devilish custom of child marriage.” Despite many efforts, child marriage remains common in India. This issue is linked to education access, poverty, insecurity, gender inequality, and inadequate law enforcement. Child marriage disproportionately affects girls, violating their rights and exposing them to violence and abuse.
A Supreme Court Bench recently asked the Ministry of Women and Child Development to report on the implementation of the Prohibition of Child Marriage Act. The Court also inquired about data from various states on child marriage. The bill to raise the marriage age for women to 21 years is still pending before the Standing Committee. The Court stressed the need for child marriage prohibition officers in every district.
Child marriage in India is believed to have started around 1,000 years ago due to foreign invasions, where invaders took young girls as war prizes. This led communities to marry off their daughters early for protection. Historically, marriages happened after maturity, but patriarchal systems later endorsed child marriage. Early texts and traditions also encouraged marrying girls before puberty.
The first law against child marriage was the Child Marriage Restraint Act of 1929, setting minimum marriage ages at 18 for boys and 15 for girls. This was later amended to 21 for boys and 18 for girls. Despite these laws, enforcement has been weak.
The Prohibition of Child Marriage Act, 2006, replaced the 1929 Act to increase punishments and enforce stricter measures. The Act appoints Child Marriage Prohibition Officers to prevent child marriages, collect evidence, and raise awareness. The law allows girls and boys to opt out of marriage until two years after reaching adulthood.
In the case of Independent Thought v. Union of India, the Supreme Court ruled that sex with a wife under 18 is rape. This was a significant step in fighting child marriage.
A bill introduced in 2021 aims to raise the marriage age for girls to 21, aligning with international agreements and promoting gender equality. The bill is still pending.
Some personal laws conflict with the Prohibition of Child Marriage Act. For example, Muslim personal law allows marriage at puberty, around age 15. Courts have given conflicting rulings on whether these marriages are legal. The Hindu Marriage Act sets the minimum age at 18 for girls and 21 for boys. However, minors can repudiate the marriage within certain age limits.
A 2021 survey found that 23.3% of women aged 20-24 were married before 18, mostly in rural areas. Child marriage violates girls' rights, affects their health, and limits their future opportunities. It leads to higher maternal and infant mortality rates and hinders societal progress.
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