Child marriage a punishable offence?

[Samriti Sharma]

#34617

Any marriage which takes place between the parties where the girl is under 18 years of age and a boy is under 21 years of marriage is considered as child marriage. Despite having several laws child marriage is still actively prevalent in state of Rajasthan and Bihar in India. Talking about the legal aspect of the same, yes child marriage is a punishable offence under various law’s in India.
The first Act that was passed to prohibit child marriage in society was the Child Marriage Restraint Act, 1929 which only had provisions for solemnisation of marriage not for the prohibition of the same. It was due to the failure of this act that a new legislation was passed by the parliament in the year 2006 known as the Prohibition of Child Marriage Act,2006. The act defined child marriage as a marriage to which either of the contracting parties is a child. Section 9-11 lay down the provisions regarding punishment for child marriage, section/9 States that a adult male contracting child marriage shall be punishable with rigorous imprisonment of two years or fine which may extend to one lakh or both.
Section/10 states that whosoever conducts, directs or abets any child marriage shall be punishable with the imprisonment of two years and also liable to fine which may extend to one lakh rupees until he proves that marriage was not a child marriage.
Section/11 states that where a guardian or any other person who has the custody of the child is found indulged in a n Act which promotes the marriage or permits it to be solemnized shall be punishable in the same manner as stated above provided that women are not punishable with imprisonment.
Despite these provisions in an independent India the crimes related to child marriage are increasing day by day, especially among communities or societies which are educationally backward.

[038 deepika Singh]

#34623

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Child marriage is a curse. It snatches away childhood from children’s life. Child marriages has been prevailing in our country since a long time. India is estimated to have over 24 million child brides. 40% of the world’s 60 million child marriages take place in India according to the National Family Health Survey. The most common reasons for underage marriages includes poverty, illiteracy, financial constraints, religious and social traditions. Most of the girls drop out from schools and colleges without completing their education and are married off to men. Having incomplete education makes them financially dependent on their husband and limits their activities to performing house chores and raise their kids. Married teenage girls who are uneducated are more prone to sexual and domestic abuse than married adult and educated woman. The government of India has proposed raising the minimum legal age of marriage for women from 18 to 21 years. Currently, the minimum legal age for women to marry is 18 years and the same for men is 21 years. The bill has not been passed yet due to resistance from several parties.
Despite of all these efforts many girls in rural areas are married much before the age of eighteen, they become mothers at an early age when their bodies are not even ready for it, citing several health issues. Child marriage is a violation of human rights and child rights and is clearly a punishable offence.

[Aditya Sawant]

#34690

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Child marriage is a deeply entrenched social issue that continues to afflict communities around the world, including India. Despite legal provisions and efforts to combat this practice, child marriages persist in various parts of the country, posing severe consequences for the well-being and development of young girls. This forum seeks to shed light on the issue of child marriages in India and emphasizes the need for immediate action to protect the rights and future of these vulnerable children.

Root Causes and Impacts:
Multiple factors contribute to the prevalence of child marriages in India. Poverty, lack of education, gender inequality, and traditional norms are often cited as the underlying causes. Girls from impoverished backgrounds are more likely to be forced into early marriages as families consider it a means of financial stability. Moreover, deep-rooted gender discrimination perpetuates the notion that girls are a burden and marriage is their sole purpose, denying them opportunities for education and personal growth.

The consequences of child marriages are far-reaching and detrimental. These young girls are deprived of their childhood, education, and health rights. Early marriage often leads to early pregnancies, jeopardizing both the physical and mental well-being of these girls. They face increased vulnerability to domestic violence, sexual abuse, and limited economic prospects. Additionally, child brides are more likely to experience intergenerational cycles of poverty as they struggle to break free from this harmful tradition.

Legal Framework and Initiatives:
India has made significant progress in combating child marriages through legislation. The Prohibition of Child Marriage Act (2006) prohibits the marriage of girls under 18 and boys under 21. However, the effective implementation and enforcement of these laws remain major challenges. Concerted efforts are required to raise awareness among communities, empower girls through education, and strengthen the judicial system to ensure that perpetrators of child marriages are held accountable.

Call for Action:
To effectively tackle the issue of child marriages, a multi-faceted approach is crucial. Firstly, education and awareness campaigns should be intensified to challenge prevailing social norms and attitudes that perpetuate child marriages. Communities, religious leaders, and educational institutions must collaborate to promote gender equality and emphasize the importance of education for both boys and girls.

Secondly, access to quality education and vocational training should be prioritized, providing girls with the tools and opportunities to build better futures for themselves. Empowering girls with education not only equips them with knowledge but also enhances their self-confidence and decision-making abilities, enabling them to make informed choices about their lives.

Furthermore, comprehensive support systems must be established to protect and rehabilitate child brides. This includes safe spaces, counseling services, and access to healthcare, along with legal aid for survivors of child marriages.

Child marriages continue to undermine the rights and potential of countless young girls in India. Eradicating this practice requires sustained efforts at the individual, community, and national levels. By promoting gender equality, enhancing educational opportunities, and implementing robust legal frameworks, we can create a society where every child has the chance to live a healthy, fulfilling life. Together, let us work towards a future where child marriages are confined to history books, not the present.

[Vaishali Sidireddi]

#35229

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In India, child marriage is illegal and penalised. According to the Prohibition of Child Marriage Act (PCMA) of 2006, the legal age of marriage in India is 18 for women and 21 for men. Marriages between a bride or groom who is underage are not allowed to be solemnised under the law.

Anyone engaged in executing, aiding, or promoting child marriage is subject to penalties under the PCMA. This encompasses both parents or guardians who encourage or coerce their minor children into marriage and those who officiate at weddings. The statute also acknowledges the value of rehabilitation and assistance for child marriage victims.

Depending on the unique facts of each case, different penalties may be imposed for violations of the PCMA. They may involve imprisonment, fines, or both. Additionally, the law provides for the dissolution of child marriages, enabling victims to request for dissolution of their marriages and protection of their rights.

It’s important to note that despite legislative restrictions, child marriage still poses a serious problem in some regions of India because of socio-cultural issues and a lack of knowledge.

There are several reasons why child marriages are so common in India. Among the main causes are poverty, a lack of education, gender disparity, societal standards, and traditional beliefs. Child marriages are viewed in certain societies as a method to safeguard girls from alleged threats, uphold family honour, and provide financial security through dowry customs. The prevalence of child marriages is also influenced by elements including restricted access to education, ignorance of laws and rights, and ineffective enforcement methods. Even if progress has been achieved, ending child marriages in India will take ongoing work on many fronts, including judicial changes, community involvement, education, and awareness campaigns. Collaboration between the government, civil society, and communities must continue if significant change is to be achieved and children’s rights are to be protected.

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