Note4Students
From UPSC perspective, the following things are important :
Mains level: Population Issues; Cultural issues in the Society; Child marriage;
Why in the News?
In the recent judgment of Society for Enlightenment and Voluntary Action v. Union of India, the SC has shifted the focus in child marriage cases from punishing criminal acts to addressing the “harm inflicted on the victim.”
What is the law on Child Marriage?
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Why are there concerns about using criminal action to tackle child marriage?
- Although the marriage remains valid unless annulled, related activities are criminalized under PCMA, BNS, and POCSO, such as promoting or performing child marriages and sexual activity with a minor.
- Criminal provisions can lead to charges against the girl’s family members (parents, husband, in-laws), leaving her without support and creating barriers to accessing sexual and reproductive healthcare.
- Studies reveal criminal provisions are used more in self-initiated marriages than arranged ones, overlooking the complexities of these cases.
- Some adolescents may choose marriage to escape abusive environments or forced marriage, often seeing it as a way to assert their agency in a restrictive society.
Why is the SC judgment significant?
- Social and Economic Barriers: Women who leave child marriages often face significant social and economic penalties. The SC judgment proposes skill development, vocational training, economic stability programs, rehabilitation services, and victim compensation to support them.
- Empowering Women in Child Marriages: Some women prefer to remain married but need support to advocate for themselves. The judgment calls for tools to help them make decisions about reproductive rights, employment, and education.
- Sex Education for Adolescents: The judgment emphasizes sex education, equipping young people with skills and knowledge to navigate relationships and improve agency.
- Holistic Approach: By moving away from solely criminal prosecution to focus on empowerment and support, the SC judgment provides a more comprehensive, agency-affirming response to child marriage.
Way forward:
- Strengthen Support Systems: Develop targeted programs for skill training, financial assistance, and rehabilitation to help individuals exit child marriages, promoting economic stability and social reintegration.
- Enhance Education and Awareness: Implement comprehensive sex education and awareness initiatives in communities to empower young individuals and discourage child marriage through informed decision-making and better access to reproductive rights.
Mains PYQ:
Q “Empowering women is the key to controlling the population growth.” Discuss. (UPSC IAS/2019)
Q Customs and traditions suppress reason leading to obscurantism. Do you agree? (UPSC IAS/2020)
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