Child Rights – POSCO, Child Labour Laws, NAPC, etc.

Substantive equality in child marriage laws

Note4Students

From UPSC perspective, the following things are important :

Mains level: Child marriage and its impact;

Why in the News?

Men are given more time than women to leave a child marriage. This means the age for marriage should be the same for both, at 18, not 21.

What is the situation of child marriage in India? 

  • National Data: The National Family Health Survey-5 (NFHS-5), conducted between 2019 and 2021, reveals that 23.3% of women aged 20-24 were married before the age of 18. This shows a decline from 26.8% in NFHS-4 (2015-16), but child marriage remains a widespread issue.
  • State-wise Variation: The prevalence of child marriage varies significantly across states. For example: in Bihar: 40.8% of women aged 20-24 were married before 18, West Bengal: 41.6%, Rajasthan: 25.4% and Kerala: 6.3% (one of the lowest rates in India).
  • Gender Disparity: Although girls are more affected, boys also face child marriage. NFHS-5 reports that 17.7% of men aged 25-29 were married before the age of 21.

How can existing laws be strengthened to effectively combat child marriage?

  • Uniform Age of Marriage: The legal age for marriage should be standardized at 18 for all genders, eliminating the current disparity that allows men to marry at 21 and women at 18. This would ensure equal rights and protections for both parties under the law.
  • Enhanced Enforcement Mechanisms: Strengthening the enforcement of existing laws, such as the Prohibition of Child Marriage Act (PCMA), is crucial. This includes more rigorous monitoring of marriages, especially in rural areas, and imposing stricter penalties on those who facilitate child marriages.
  • Stricter Penalties for Facilitators: Increase legal penalties for those facilitating child marriages, such as parents, religious leaders, and community officials, to act as a deterrent. Example: Nepal’s law penalizing facilitators of child marriage has reduced its occurrence by holding all involved parties accountable.
  • Awareness Campaigns and Education: Launch nationwide awareness campaigns to educate communities about the legal age of marriage and its harmful effects, empowering families to protect children. Example: In India, campaigns by organizations like “Plan India” have raised awareness and led to a decline in child marriage rates in targeted regions.

What are the key judgements? 

  • Independent Thought v. Union of India (2017): The Supreme Court ruled that the exception to the prosecution of marital rape for husbands of girls below 18 years of age was unconstitutional. This judgment focused on the rights of girls under 18 in marriages, emphasizing their protection from sexual exploitation.
  • Gender Disparity in Nullity Petition: The Allahabad High Court emphasized that the gender-based difference in the minimum age of marriage (18 years for women and 21 for men) creates an unfair advantage for men, allowing them to annul marriages at a later age (up to 23), while women are restricted to 20. This interpretation contradicts the principle of gender equality.

What are the societal and cultural factors contributing to the persistence of child marriage despite legal prohibitions?

  • Traditional Practices: In many communities, child marriage is deeply embedded in cultural and religious norms. These cultural beliefs place pressure on families to marry off daughters at a young age.
  • Poverty and Economic Factors: In regions with high poverty rates, families may view child marriage as a way to reduce financial burdens, sometimes even receiving dowry or financial assistance in return for the marriage.
  • Gender Inequality: Patriarchal views often limit girls’ opportunities for education and economic empowerment, which makes them more vulnerable to early marriage. Women may be seen as property to be married off, reinforcing the practice.
  • Lack of Education and Awareness: A lack of awareness about the legal age for marriage and the harmful effects of child marriage perpetuates this practice. Some families may not be fully aware of the legal consequences or the negative impacts on the health and development of girls.

What role do community-driven approaches play in preventing child marriage?

  • Community Education and Awareness Programs: Empower local communities with knowledge about the dangers of child marriage in terms of legal, health and social consequences which can gradually change attitudes and reduce the incidence of child marriage.
  • Involving Local Leaders: Traditional community leaders, such as religious leaders and village elders, play a significant role in shaping opinions. Engaging them in awareness campaigns and encouraging them to take a stand against child marriage can influence public opinion and reduce the practice.
  • Strengthening Social Networks and Support Systems: Encouraging peer groups, women’s organizations, and NGOs to support girls at risk of child marriage can create an environment where they are less likely to fall victim to early marriage.
  • Monitoring and Reporting Mechanisms: Creating anonymous and accessible reporting mechanisms for communities to report child marriages can ensure prompt intervention. Encouraging local participation in safeguarding the rights of children helps address the issue at the community level.

Way forward: 

  • Strengthening Legal and Institutional Frameworks: Ensure uniformity in the legal age of marriage for all genders and improve enforcement by establishing dedicated child marriage prevention units at local levels.
  • Community Empowerment and Education: Expand community-driven programs focusing on education, raising awareness about the harmful effects of child marriage, and providing support systems for vulnerable girls.

Mains PYQ:

Q The women’s questions arose in modern India as the part of 19th-century social reform movement. What are the major issues and debates concerning women in that period? (UPSC IAS/2017)

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