Child Marriage
Child marriage, a prevalent social phenomenon in certain Indian societies, typically involves the marriage of a young child, often a girl under fifteen, to an adult man. Another form involves parents arranging a future marriage for their children, with the individuals not meeting until they reach marriageable age.
- Recent UNICEF analysis reveals that one in three of the world’s child brides resides in India, and the COVID-19 pandemic poses a threat to exacerbate child marriages. To meet the goal of ending child marriages by 2030, it is crucial to integrate COVID-19 responses with efforts to eliminate child marriage.
- Factors sustaining child marriage include a combination of poverty, lack of education, persistent patriarchal relations fostering gender inequalities, and cultural perspectives that contribute to the perpetuation of this phenomenon.
Facts and figures about the prevalence of Child marriage in India
- Child marriage is prevalent throughout India, with nearly half of brides being married as girls.
- Although there has been a decline in child marriage nationally, dropping from 54 percent in 1992-93 to 33 percent today, progress remains slow, particularly for girls aged 15-18.
- In rural areas, child marriage is more widespread, affecting 48 percent, compared to 29 percent in urban areas.
- Variations exist across different groups, with higher rates among excluded communities, castes, and tribes.
- Some ethnic groups, like tribal communities, exhibit lower rates of child marriage compared to the majority population.
- Girls forced into early marriages often face consequences such as dropping out of school, securing low-paid jobs, and having limited decision-making power at home.
- Notably, a girl with ten years of education has a significantly lower chance of being married before the age of 18.
- India contributes significantly to global child marriage statistics, accounting for 40 percent of the world’s 60 million child marriages, as reported by the National Family Health Survey.
- According to the International Center for Research on Women, India holds the 14th highest rate of child marriage globally.
Government measures undertaken so far to curb Child Marriages in India
Child Marriage Restraint Act, 1929:
- Enacted with the objective of eliminating the specific dangers posed to the life and health of female children in early marriages.
- Applicable to the entire country except the State of Jammu and Kashmir.
- Aims to prevent early deaths of minor mothers who may not be able to cope with the challenges of married life.
Prohibition of Child Marriage Act, 2006:
- Replaced the Child Marriage Restraint Act, 1929, dating back to the British era.
- Defines a child as a male below 21 years and a female below 18 years.
- Considers a “minor” as someone who has not attained the age of majority according to the Majority Act.
- Imposes penalties for child marriage, including rigorous imprisonment for two years and/or a fine of Rs. 1 lakh.
- Introduces the position of Child Marriage Prohibition Officer responsible for preventing child marriages and raising awareness.
Preventive Measures and Awareness Campaigns:
- State Governments are urged to coordinate efforts on special occasions like Akha Teej, a traditional day for such marriages, to delay marriages.
- Advertisements in the press and electronic media are used to educate people about the issues of child marriage.
- Platforms like International Women’s Day and National Girl Child Day are utilized to create awareness about women’s issues, including child marriage.
- The Sabla programme of the Women and Child Ministry provides training to adolescent girls (11 to 18 years) on legal rights, including the Prohibition of Child Marriage Act, 2006.
Q. Assess the effectiveness of India’s legal and policy frameworks in upholding the rights and welfare of children, considering challenges like malnutrition, child marriage, and the pandemic’s impact.
| Introduction | India’s approach to safeguarding children’s rights and welfare is embedded in a complex legal and policy framework aimed at combating issues such as child labour, abuse, malnutrition, and child marriage. The recent COVID-19 pandemic has further challenged these frameworks, testing their resilience and effectiveness. |
| Body | Legal Framework and Initiatives:
· Child Labour and Education: The Child Labour (Prohibition and Regulation) Act, 1986, and its 2016 Amendment, alongside the Right to Education Act, 2009, mark significant strides towards eliminating child labour and ensuring universal education. However, the persistence of child labour, exacerbated by the pandemic, indicates gaps in enforcement and coverage. · Combatting Child Abuse: The POCSO Act, 2012, represents a robust legal mechanism against child abuse, complemented by the POCSO e-Box for efficient reporting. While these measures are commendable, the high incidence of abuse within familiar circles and the challenges in achieving timely justice highlight the need for enhanced protective measures and awareness programs. · Nutritional Welfare: Initiatives like the Integrated Child Development Services (ICDS) aim to address child malnutrition, yet malnutrition rates remain alarmingly high. This underscores the necessity for more integrated approaches that address the socio-economic determinants of malnutrition. · Preventing Child Marriage: Legal prohibitions against child marriage are in place, but the practice continues, particularly in rural areas. This suggests a disconnect between legislation and societal norms, requiring targeted community education and stricter enforcement. Challenges and Impacts of the Pandemic:
Effectiveness of Policy Responses:
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| Conclusion | India’s legal and policy frameworks for protecting children’s rights and welfare are extensive and well-intentioned but face significant challenges in enforcement, societal norms, and the unprecedented impact of the COVID-19 pandemic. Strengthening these frameworks requires a multifaceted approach that includes robust enforcement, community engagement, and flexible policies to address emerging challenges. |