"Breaking the Chains: Confronting the Reality of Child Marriage in Today's India" 23, May, 2024

Introduction

Despite India's rich cultural diversity and historical legacy, the deeply entrenched practice of child marriage persists, presenting a formidable challenge to our society. This harmful tradition not only hampers individual, social, and familial development but also perpetuates a cycle of harm, particularly affecting countless young girls nationwide. Child marriage exposes these girls to numerous health risks, including compromised physical and mental health, vulnerability to sexual assault, and the premature loss of their childhood and developmental opportunities. Research with young adult women in India has shown that those reporting child marriage have higher rates of infant and child mortality and low infant birth weight. Instead of pursuing education, exploring their interests, and enjoying their youth, they are thrust into marriages with men twice their age. Girls are often seen as economic burdens, exacerbating this issue.

Statistics highlighting Current Scenario

India continues to have the highest number of child marriages. One in five girls are still forced to marry below the legal age of marriage in India. Every hour 83 girls are forced to marry in the country, which is equal to 27% of girls are married before their 18th birthday. There is a growing trend for decline in the overall prevalence of child marriage, but NFHS-5 data shows 23.3% child marriage in India, which is still a disturbingly high percentage in a country with a population of 141.2 crore. Four states – Bihar (16·7%), West Bengal (15·2%), Uttar Pradesh (12·5%), and Maharashtra (8·2%) – account for more than half of the total burden of child marriages in girls. Moreover, the post-pandemic period has witnessed a concerning trend reversal, with projections indicating that millions of girls are at risk of becoming child brides in the coming decade. India, unfortunately, leads this surge in child marriage cases, highlighting the urgent need to address this issue as part of the UN's Sustainable Development Goals.

While India progresses with its "New India" initiatives, such as Sukanya Samriddhi Yojana, Balika Samriddhi Yojana, and Beti Bachao, Beti Padhao Yojana, all aimed at the development of girls, a contrasting reality persists in rural areas. Despite these efforts, many rural regions remain significantly behind, highlighting a controversial disparity between policy and practice. During a recent visit to rural areas of Noida, U.P, the team of Premansh Foundation discovered instances of child marriage. The young girls of residential school under the guardianship of their uncles and aunts, are being coerced into marriage. Bribes are used to falsify the girls' ages on Aadhaar cards, rendering them legally eligible for marriage. Additionally, the persistence of different legal marriage ages across various cultures exacerbates the issue, often leading to religious conversions to comply with marriage laws.

This underscores the critical need to delve into the reasons contributing to the persisting prevalence of child marriage in India. We need to come together as individuals, communities and organizations to plot effective strategies geared toward empowering individuals, girls & women curtailing this problem in India.

Reasons & Challenges

Several factors contribute to the persistence of child marriage in India. According to the State of the World Report 2020 by UNFPA, in India, 51% of young women with no education and 47% of those with only a primary education had married by age 18. Economic hardship also plays a role, as women from low-income families are more likely to marry early. Additionally, child marriages are more prevalent in rural areas, particularly among marginalized communities. Trafficking further exacerbates the problem, with families sometimes opting to sell their daughters into prostitution for financial gain. The dowry system, although illegal, continues to incentivize child marriages, as higher dowries are often demanded for older and more educated bride. The pandemic and subsequent lockdowns exacerbated economic hardships for low-income families, leading some to view child marriage as a solution to financial strain.

Legal and Social Measures

Several laws aim to prevent child marriage, including the Prohibition of Child Marriage Act, 2006, and the Protection of Children from Sexual Offences Act, 2012. The proposed Prohibition of Child Marriage (Amendment) Bill, 2021 seeks to raise the legal marriage age for women to 21. In India there are different laws are followed for different religions and states there is an urgent need of Uniform Civil Code. Modification in the system of Child Welfare Committee and Women Welfare Committee is highly necessary for rapid assistance and support. Skill development schemes focus on empowering individuals to pursue education, entrepreneurship, and awareness initiatives.  Under the 2006 Act, if a child is married before the minimum specified age may apply to annul the marriage. The petition can be filed within two years of attaining majority (i.e., 20 years of age) for girls.

Suggested Interventions:

· Awareness Generation: A mass awareness generation campaign is essential in order to increase the age of marriage, fostering social acceptance of the new legislation (increased age of girls marriage from 18 years to 21 years), proving to be far more effective than coercive methods.

 · Skill Development and Empowerment Programs: Initiatives aimed at empowering females through skill development will enable them to pursue entrepreneurship and achieve financial independence.

 · Legal aid & support services- Extending comprehensive legal aid and support services is crucial for preventing child marriage and protecting the rights of young girls. For instance, this can encompass the establishment of accessible legal assistance for victims and their families as well as making them conversant with their rights and the legal implications of child marriage. Establishing dedicated hotlines or legal clinics to give immediate support and advice may further prevent such cases. Furthermore, local authorities and NGOs can collaborate to monitor reporting on cases of child marriage. It is important that law enforcement officers and judicial officers are trained on applicable laws regarding child marriages so that they can be enforced appropriately. These endeavours collectively seek to build a strong support system that does not only take care of the legal matters but also offers psychological and social relief.

· Integration with school curriculum- Issues related to child marriage can be integrated within the school curriculum and students may be taught about the importance of education and dangers of child marriage. This could include developing age-appropriate modules that will educate students on the health, social, and legal implications of child marriages. For example, lessons like gender equality conversations, human rights talk among others which will lead to electioneering processes for personal development through education considering one`s future opportunities. Teachers should also be trained to handle these topics sensitively and effectively, thereby, making resources easily accessible. This accessibility powered by awareness among young children and other related stakeholders can help them to make informed decisions and advocating them against this dreaded issue.

 · Community Help Centres: Establishing community help centers is vital in preventing child marriage. These centers can serve as local hubs for education, support and intervention. They would offer resources and information on the legal, social and health consequences of child marriage, providing a safe place where children can consult with others. Trained & Friendly staff members at these centres can offer counselling services, legal aid, as well as connections to other supportive networks such as shelters or educational programmes. Moreover, community help centers could facilitate awareness workshops on these issues.

 · Implementation of Uniform Code of Conduct (UCC): UCC is very crucial and has a bigger role to play in eliminating child marriages in India. It can standardize personal laws related to marriage, divorce, inheritance, and adoption across all religious communities in India. and inconsistencies that currently exist between different personal laws, some of which may permit child marriage under certain circumstances. Further provisions could be included to ensure strict penalties are imposed on those who arrange or facilitate child marriages irrespective of their religious or cultural affiliations. This will give rise to an unchanging legal framework on child marriage while reinforcing the message that engaging in this practice is unacceptable irrespective of circumstances under each law that contributes towards its perpetuation until date.

 Conclusion

In conclusion, child marriage ruins innocence of young children and touches upon their physical, emotional, social and mental health. It also makes them vulnerable to many societal implications that can be protracted. For a successful fight against this inhuman act, it is crucial to create accessible support groups and increase the level of awareness at grassroot level. Realizing the extensive impact of child marriage on young minds; there is a strong urgency for collective efforts towards elimination of child marriage in India. Legislation only is not enough without societal backing. The implementation of Uniform Civil Code may help in stopping child marriages through the formulation of standard laws that promote uniform protections for all children irrespective of religion or background culture-wise. By examining both legal and cultural aspects, India can make significant strides towards safeguarding its children’s rights and welfare thus, fostering a more just and equal society at large.