Child marriage
Child Marriage
What are Child marriages?
All matrimonial laws provide a minimum age of marriage. Except for Muslim personal law where the age of marriage is in consonance with the age of puberty, which is presumed to be 15 years, all other legislations lay down 21 years for the boys and 18 years for the girls as the minimum age when they can marry legally. It is important to note that amongst the multiple laws dealing with marriage it is only Special Marriage Act, 1954, that renders a child marriage void. Hindu Marriage Act, Section 5 (iii) provides that the bridegroom needs to complete 21 years of age and the bride 18 years, however, no provisions for its violations is mentioned.
History
Child marriage has a long history in India and is deeply rooted in tradition and culture. In ancient India, child marriage was considered a norm and was seen as a way to preserve family honour and property. The practice was also a way to secure alliances between families and tribes.As a matter of general practice boys and girls were married during their infancy.
During the colonial period, the British government attempted to curb the practice of child marriage through laws and regulations. The Age of Consent Act of 1891 set the minimum age of marriage for girls at 12 and boys at 14, but this law was not enforced effectively, and child marriage continued to be prevalent.
Status of Child marriages under different laws.
Hindu Law
Under the Hindu Marriage Act, 1955, Section 5(iii) prescribes the minimum age for marriage as 21 years for males and 18 years for females. Child marriages solemnized under this law are considered valid, but they are subject to penal provisions under the Prohibition of Child Marriage Act, 2006. The law does not render such marriages void or voidable unless challenged under the PCMA.
Muslim Personal Law
In Muslim Personal Law, there is no codified statute, but marriage is deemed valid if both parties have attained puberty, generally presumed to be 15 years, and consented to the union. Child marriages under Muslim law are considered valid, though the PCMA applies as a general law, potentially overriding personal law in specific cases.
Christian Law
Under the Indian Christian Marriage Act, 1872, the minimum age of 21 years for males and 18 years for females. However, the Act does not explicitly address the validity of marriages below the prescribed age, leaving them valid unless declared voidable under the PCMA.
Special Marriage Act
The Special Marriage Act, 1954, in Section 4(c), stipulates the minimum marriageable age as 21 years for males and 18 years for females. Unlike other laws, marriages below the stipulated age are considered void under this Act.
Prohibition of Child Marriage Act
The Prohibition of Child Marriage Act, 2006 (PCMA) was enacted in India to prohibit and prevent the practice of child marriage. It replaced the Child Marriage Restraint Act, 1929, providing a stronger legal framework to address the issue. The Act aims to protect children, especially girls, from the adverse effects of early marriage and ensure their right to a safe and healthy childhood.
Under the PCMA, a “child” is defined as a male under the age of 21 years and a female under the age of 18 years. The Act declares child marriages voidable at the option of the child involved and provides a mechanism for the annulment of such marriages through the district court. In certain situations, such as marriages involving trafficking or coercion, the Act declares such unions automatically void.
The Act prescribes stringent punishments for promoting or conducting child marriages. Those found guilty can face imprisonment of up to two years, a fine of ₹1,00,000, or both. To ensure better enforcement, the law designates Child Marriage Prohibition Officers to prevent child marriages, spread awareness, and assist in its implementation. Additionally, offenses under the Act are classified as cognizable and non-bailable to emphasize its seriousness.
The law also includes provisions for the custody and maintenance of the girl child in cases where the marriage is annulled. This ensures the welfare and rehabilitation of the affected child, addressing their immediate needs and long-term well-being.
The Prohibition of Child Marriage Act, 2006 overrides personal and religious laws to prohibit child marriage.
Official Reports
Law Commission of India Report No. 205
Law Commission Report no. 205 on “Proposal to Amend the Prohibition of Child Marriage Act, 2006 and Other Allied Laws.” It suggested declaring child marriages as void rather than voidable to ensure stricter enforcement. Strengthening penalties for those solemnizing or promoting child marriages. Enhancing rehabilitation measures for child brides and grooms.
Research
Child Marriage Interventions and Research from 2020 to 2022. (the CRANK)
The document the Child Marriage Research to Action network (the CRANK) explores child marriage comprehensively, going beyond standard definitions to include informal unions, culturally specific understandings, and intersections with development, age, consent, and force. It examines the prevalence, causes, and consequences of child marriage globally while addressing critical gaps in understanding effective prevention and response strategies. The review highlights marginalized groups such as LGBTQIA+ adolescents and children with disabilities, presenting a nuanced analysis of barriers faced in addressing child marriage, particularly in crisis settings and underrepresented regions like the Central African Republic and Chad.
The research identifies substantial gaps in intervention effectiveness, such as the limited success of multicomponent strategies and the challenges of scaling community-based efforts. It also notes the mismatch between geographies with high child marriage prevalence and the regions most studied. Overlaps exist in studies documenting determinants and consequences, yet there remains insufficient focus on interventions addressing systemic drivers like poverty, gender norms, and education quality. The document advocates for integrated approaches combining legal, social, and economic reforms to address entrenched norms and systemic barriers.
Child Marriage in India: A Research Study.
This research study commissioned by Child Rights and You (CRY) on child marriage in India goes beyond its official definition, framing it as a deeply rooted socio-cultural practice driven by poverty, gender inequality, and systemic barriers like limited access to education and economic opportunities for girls. Through a mixed-method approach, it builds a nuanced understanding of the concept by examining community norms, the impacts of patriarchal traditions, and systemic responses. It highlights significant gaps, including inadequate awareness of laws, weak community-level protection mechanisms, and challenges in implementing legal frameworks like the Prohibition of Child Marriage Act. Despite overlaps in understanding the role of education and economic empowerment as deterrents, the study underscores the disconnect between community practices and systemic efforts, advocating for a synergized approach to end this human rights violation.
Child Marriage: The Worst Form of Slavery
This research study commissioned by Human Rights law Network (HRLN) explores the issue of child marriage by extending beyond official documentation to provide a comprehensive analysis of its causes, consequences, and persistence. It traces the historical evolution of the practice, critiques existing legal frameworks like the Prohibition of Child Marriage Act, 2006, and examines the societal, cultural, and economic factors that normalize child marriage. The document incorporates localized field data from states such as Bihar and Odisha and aligns the issue with international human rights violations under conventions like CEDAW and the UNCRC. However, gaps exist in addressing the psychological recovery mechanisms for survivors and the interplay between child marriage and modern slavery. Additionally, overlaps in global data analysis sometimes obscure region-specific complexities. By offering recommendations for law enforcement, policy enhancement, and community awareness, the report underscores the need for an integrated approach to eradicating child marriage.
