CHILD MARRIAGES MARRIAG ES –A CRITICAL CRITI CAL ANALYSIS ANALYSIS FAMILY LAW PROJECT INTRODUCTION
Child marriage marriage in India has been practiced practiced for centuries, centuries, with children married off before their physical and mental maturity. The problem of child marriage in India remains rooted in a complex matrix of religious traditions, social practices, economic factors and deeply rooted prejudices. Child marriage is complex subject under Indian law. law. It was defined by The Child Marriage Restraint Act in Act in !"!, and it set the minimum age of marriage for men as #, and women as $. That law was %uestioned by Muslims, then superseded by personal law applicable only to Muslims in &ritish India with Muslim 'ersonal (aw Application Act of !)*,which impl implie ied d no mini minimu mum m limi limitt and and allo allowe wed d parent parental al or guar guardi dian an cons consent ent in case case of Musl Muslim im marriages. +ection " of the !)* Act stated, The definition of child marriage was last updated by India with its The 'rohibition of Child Marriage Act of "-, "-, which applies only a/ to 0indus 0indus,, Christians Christians,, 1ains 1ains,, &uddhists &uddhists and and those who are non2Muslims of India, and b/ outside the state of 1ammu 1ammu and and 3ashmir . 4or Muslims of India, child marriage definition and regulations based on +haria and 5i6ah and 5i6ahhas has been claimed as a personal law subject. 4or all others, The 'rohibition of Child Marriage Act of "- defines 7child marriage7 means a marriage, or a marriage about to be solemni8ed, to which either of the contracting parties is a child9 and child for for purposes of marriage is defined based on gender of the person 2 if a male, it is " years of age, and if a female, # years of age. AIM OF THE STUDY
The aim of the study is to ma6e a detailed study and understanding of the The 'rohibition of Child Marriage Act of "- and analy8e their effecti:eness and defects. SIGNIFICANCE OF THE STUDY
The 'rohibition of Child Marriage Act of "- is "- is pro:iding relief Child Marriage. Marriage. This bought significant awareness in the public all o:er the country and mainly that in the cases of rural and tribal about the age limit that is to be followed for better procreation of the offsprings. And the
conse%uences that will be followed by the practicing of child marriage. &y this act there is significant declaim in the count of child marriages that are used to be practiced. This study thus helps to understand these concepts in a better way. SCOPE OF THE STUDY
The scope is to throw light on the ;ffence of Child Marriage in India and analyse its current position in India. The researchers ha:e analysed the rele:ant pro:ision in Constitution of India, !$9 Code of Criminal 'rocedure, !*)9 and The Indian 'enal Code, #-9 'ersonal (aws of different religions9 and the International (aws and Con:entions. And finally yhe significance of The probations of child marriages act "-. REVIEW OF LITERATURE
Child marriage is a gross :iolation of human rights that puts young girls at ris6. A marriage where either of the contracting party is a child is considered as child marriage. <:ery time a case relating to child marriage comes up, it causes ripples in the pool of the conscience of this Court 5othing could be more barbarous, nothing could be more heinous than this sort of crime. The root cause for this is that the who can=t perform that obligations that are to be performed. And if done so it will amount to serious disorders.
RESEARCH METHODOLOGY
The researcher will do a descripti:e descripti:e and explanatory explanatory doctrinal doctrinal study using :arious sources sources :i8. boo6s, other research papers and websites li6e 0einonline, Manupatraand <&+C;. RESEARCH QUESTION
>hat >hat is the role of law and The 'rohibition of Child Marriage Act of "- in "- in control of child marriage act? HYPOTHESIS
It is submit submitted ted that, that, there there is no doubt doubt that the Child Child Marriage Marriage Restrai Restraint nt Act Act !"!, was was in existence e:en before and after Independence. This act stands repealed after the 5ew Act called the 'rohibition of Child Marriage Act "- was enacted by the @nion of India. The 5ew 5ew Act Act is signif significant icant as it indicat indicates es ero ero tolerance tolerance of the the Bo:ernment Bo:ernment towards towards any incidence of Child Marriage and shows the total commitment of the Bo:ernment to prohibit and pre:ent this rampant social e:il.
REFERENCES •
The The Pro Prohibi hibittion ion of Chi Child Marri arriag agee Act , 2006 2006 . ""-/. /. Dwcdkar. Dwcdkar.gov. gov.in in.. from httpDDdwcd6ar.go:.inDindex.php?optionEcomFcontentG:iewEarticleGidE!
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CHID MA!!IA"#$ I% I%DIA& A C!ITI'(#. )20*6+. aw-roect/.blog/-ot.in. fro htt-&11law-roect/.blog/-ot.in120*1*21childarriage/inindiacriti34e.htl
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(/er (/er, $. )20*6+ )20*6+.. Chil Child d Marr Marria iage ge in Indi Indiaa 2 Cent Centre re for for +oci +ocial al Rese Resear arch ch.. 5onli 5online ne C/rindia.org. Available at& htt-&11www.c/rindia.org1chil htt-&11www.c/rindia.org1childarriageinindia darriageinindia
C;5T<5T+ . Intr ntroduc oducti tion on ". Child Child Marria Marriage ge An ;:er:i ;:er:iew ew ". 0istorical Analysis ;f ;f Child Marriage In India India "." Hata Analysis Analysis ;f Child Child Marriages In India 2.3 The Causes And Conse%uences ;f Child Marriage ). alidity alidity ;f Child Child Marriage Marriage @nder @nder a arious 'ersonal 'ersonal (aws (aws J. 'rohib 'rohibiti ition on ;f Child Child Marr Marriag iagee Act, Act, ""J. (egal 'osition ;f Child Marriage J.". 'roblems In (egal 4ramewor6 Relating To Child Marriages $. 'unishm 'unishment ent 4or Child Child Marria Marriage ge $. 'unishment @nder The 'rohibition ;f Child Marriage Act, "-. +uggest +uggestion ionss And And Conclus Conclusion ion *. &ibl &ibliiogr ography aphy
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Child marriage marriage in India has been practiced practiced for centuries, centuries, with children married off before their physical and mental maturity. The problem of child marriage in India remains rooted in a complex matrix of religious traditions, social practices, economic factors and deeply rooted prejudices. Regardless of its roots, child marriage constitutes a gross :iolation of human rights, lea:ing physical, psychological and emotional scars for life. +exual acti:ity starts soon after marriage, and pregnancy and childbirth at an early age can lead to maternal as well as infant
mortality. mortality. Moreo:e Moreo:er, r, women who marry marry younger younger are more more li6ely li6ely to experie experience nce domest domestic ic :iolence within the home. The The probl problem emss whic which h occu occurr in the the chil child d marr marria iage ge in Indi Indiaa are are becau because se it has has the the dubio dubious us distinction of being home to nearly J per cent of all child brides in the world despite its ad:erse conse%uences such as malnutrition, pregnancy2related deaths and child mortality. All children children ha:e right right to to care and and protection9 protection9 to de:elop de:elop and grow grow in to a complete complete and full full indi:i indi:idual dual , regard regardles lesss of their their social social and economi economicc situat situation ion.. Child Child marria marriage ge is a blatan blatantt :iolation of all these rights. Child marriages denies children their basic rights to good health, nutrition, education and freedom from :iolence, abuse and exploitation. >hen the person in the marriage are children their body and mind are put to gra:e and heinous danger. Most Most often the child is not e:en aware of what really awaits awaits herDhim as a conse%uence. Marriage by its :ery institutions imposes certain social responsibility and the persons in it. It also pro:ides the legal sanction for engaging in sexual acti:ity and procreation. This amount to sanction for child sexual abuse and rape. Child Marriage resulting in early motherhood means, placing both the young mother and her baby
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Child Marriages were :ery common in ancient India. Although child marriages were mostly common among the poor in India, some of the rich people also followed this custom. The child marriage tradition was brought to India in the medie:al age by the Helhi +ultans who were ruling India at the time. Hue to the major problem of Muslim rebels roaming free in the streets of India, the custom of child marriage was brought into the system to marry the girls off before they reach their marriageable age. This also pre:ented and protected a girl from losing her :irginity before she got married. Birls got married before they started menses, but they li:ed with their birth parents for a while after the marriage. As soon as the girls started menses, they would be sent o:er to their husbandsL home. It was belie:ed that a father who allows his unmarried daughter, who has started menses to li:e in his home, is responsible for the sin of abortion that ta6es place in his daughterLs body e:ery month. The custom of child marriage could be started when the mother is pregnant with a child. The parents could promise another set of parents that the baby inside the mother will marry their child. @sually, young girls would get married to older boys or men. 4or example, a * year old girl could be married to a * year old boy. There were many positi:e ad:antages of child marriage. 'arents could decide to whom their children would be marrying. @sually, parents would marry their children to indi:iduals from the same caste as them rich marry the rich, poor marry the poor/.
"." HATA A5A(K+I+ ;4 C0I(H MARRIAB<+ I5 I5HIA More than J per cent of the worldLs child marriages ta6e place in India, e:en though the legal age for wedding is #, reported @5IC<4. Child marriage is of course banned in India and the Indi Indian an go:er go:ernm nment ent has has ta6en ta6en a stro strong ng step step to tigh tighte ten n laws laws agai agains nstt child child marr marria iage, ge, but unfortunately this custom continues to exist in spite of legal interdictions. According to the new bill, 'rohibition of Child Marriage &ill "-, the priests, police or local leaders will be jailed and fined if they will be found indulged in this illegal practice, declared Renu6aChowdhury, minister for women and children. This bill grants protection to many children forced into marriage e:ery year in the rural parts of the country. They are forced to consent with their parentLs decision or choice. ery ery often, they are e:en too young to understand the significance of marriage and do not unders understan tand d the gra:it gra:ity y of the e:ent. e:ent. Koung girls girls are threat threatene ened, d, bullie bullied, d, blac62 blac62mai mailed led and emotionally exploited.
Child marriage is a practice which is one of the most serious social maladies affecting the li:es and future of India=s youth. In the present scenario, though se:eral people inter:iewed were aware about the law against child marriages, due to lac6 of enforcement and political will, they continue to follow the practice. ;nly when the law is made strict and strong action is ta6en against those who continue to practice child marriages, can the menace be tac6led. Also, all sta6eholders, community members, panchayat members, etc. should be sensiti8ed and con:inced about the negati:e impact of child marriage on children, and about protecting the sexual and reprod reproducti ucti:e :e health health and rights rights of girls girls and young young women women through through awaren awareness ess generat generation ion programmes.
".) T0< CA@+<+ A5H C;5+<@<5C<+ ;4 C0I(H MARRIAB< Causes of Child Marriage 2 Child marriage has many causes cultural, social, economic and religious. In many cases, a mixture of these causes results in the imprisonment of children in marriages without their consent. .
'o:erty 'oor families sell their children into marriage either to settle debts or to ma6e
some money and escape the cycle of po:erty. Child marriage fosters po:erty, howe:er, as it ensures that girls who marry young will not be properly educated or ta6e part in the wor6force. ".
7'rotecting7 the girlLs sexuality In certain cultures, marrying a girl young presumes that
the girlLs sexuality, therefore the girlLs familyLs honor, will be 7protected7 but ensuring that the girl marries as a :irgin. The imposition of family honor on a girlLs indi:iduality, in essence robbing the girl of her honor and dignity, undermines the credibility of family honor and instead underscores the presumed protectionLs actual aim to control the girl. ).
Bender discrimination Child marriage is a product of cultures that de:alue women and
girls and discriminate against them. 7The discrimination,7 according to a @5IC<4 report on 7Child Marriage and the (aw,7 7often manifests itself in the form of domestic :iolence, marital rape, and depri:ation depri:ation of food, lac6 of access access to information, information, education, healthcare, healthcare, and general general impediments to mobility.7 mobility.7
J.
Inade%uate Inade%uate laws Many countries countries such as 'a6istan 'a6istan ha:e laws against against child marriage. marriage.
The laws are not enforced. In Afghanistan, a new law was written into the countryLs code enabling +hiite, or 0a8ara, communities to impose their own form of family law22including permitting child marriage. $.
Traffic6ing Traffic6ing 'oor families are tempted to sell their girls not just into marriage, but into
prostitution, as the transaction enables large large sums of money to change hands. •
Conse%uences of Child Marriage
Child marriage was reported by JJ.$N of Indian women ages "2"J years9 "".-N reported marriage prior to age - years, and ".-N were married prior to age ) years. Child marriage was significantly associated with womenLs increased ris6 for no contracepti:e use prior to first childbirth childbirth,, high fertility fertility,,
history history of rapid repeat childbirt childbirth, h, multiple unwanted unwanted pregnancies, pregnancies,
pregnancy termination and female sterili8ation relati:e to women married at # years or older. Associations between child marriage and rapid repeat childbirth, multiple unwanted pregnancies, pregnancy termination and sterili8ation remained significant after controlling for duration of marriage. The harmful conse%uences of child marriage are segregation from family and friends, limiting the childLs interactions with the community and peers, lac6 of opportunities for education. Child Marriage Birl children often face situations of bonded labour, ensla:ement, commercial sexual exploitation and :iolence as a result of child marriage. &ecause of lac6 of protection child brides are often often expose exposed d to seriou seriouss health health ris6s, ris6s, early early pregna pregnancy ncy,, and :ariou :ariouss +THs +THs especi especiall ally y 0IDAIH+. There are many reasons why parents consent to child marriage such as economic necessity, male protection for their daughters, child bearing, or oppressi:e traditional :alues and norms. Blobally more than one third of the women between the ages "2"J were married before they reached the age of #." Approximately J million adolescent girls between the ages $2! gi:e birth each year. Birls in this age group are twice more li6ely to die during child birth than women in their twenties. Rate of child marriage are higher in sub2+aharan Africa and +outh Asia.
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According to the " census there are .$ million girls, in India, under the age of $ already marrie married. d. ;f these, these, "N or approx approxima imately tely ), ), are mothers mothers to at least least one child. child. Child Child Marriage The " census also estimated the a:erage age of marriage has risen to #.) for females. The male a:erage is "".- years. &ut child marriage is still widespread across the nation. According to 540+2III sur:ey J*.)N of women aged "2"J were married by age #. ;f these, ".- percent were married before they turned ), "".- percent were married before they were -, and JJ.$ percent were married when they were between - and *. In some states the percentage is %uite high Rajasthan -$."N, @ttar 'radesh $#.-N, Madhya 'radesh $*.)N, 1har6hand -)."N, Chhattisgarh $$N, &ihar -!N and Andra 'radesh $J.#N.The states where pre:alence is low are 0imachal 'radesh ".)N, 'unjab !.*N, and 3erala $.JN. Child marriage is low among women who ha:e had access to higher education and secondary education. Marriages in India are often unregistered, and are socially binding if not legally, which ma6es it hard to sur:ey. sur:ey. In "- the Bo:ernment of India updates legislations legislations regarding child marriage and passed the 'rohibition of Child Marriage Act, Act, "-.)
). A(IHITK A(IHITK ;4 C0I(H MARRIAB< @5H+ The
different religion2based personal laws of marriage in relation with child marriage pre:alent
in India. 0indus, Muslims, Christians, 1ews, and 'arsis in India ha:e their own, separate marriage laws that prescribe prescribe the age of marriage for for the bride and bridegroom. I examine the rele:ant pro:isions of these laws and compare them with Child Marriage Restraint Act. Act. The argument is that the personal laws practically nullify the effect and authority of the uniformly applicable secular Child Marriage Restraint Act. In spite of the constitutional mandate of a uniform ci:il code, the discriminatory religion2based religion2based marriage laws continue continue to remain in force in India, again for the reason that by and large it is women who are :ictims of these laws9 and women=s issues issues ha:e a low priority on the political agenda. In addition to Child Marriage Restraint Act, there are religion2based personal laws in the matters of marriage and di:orce. di:orce. 0indus, 0indus, Muslims, Muslims, Christians, Christians, and 'arsis 'arsis ha:e their different different marriage laws. laws. These These laws laws prescr prescribe ibe conditi conditions ons for performi performing ng a :alid, :alid, legal legal marria marriage. ge. ;ne of the 3
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conditions conditions is regarding the age of parties parties to the marriage. The other conditions are monogamy, monogamy, for for wome women n only only in the the case case of Musl Muslim im law law, soun soundn dnes esss of mind mind,, proh prohib ibit itio ion n agai agains nstt consanguinity, and the mode of solemni8ation of marriage for 0indus, Christians and 'arsis. The Muslim law of marriage permits polygamy for men and soundness of mind is not essential prere%uisite.
J. 'R;0I&ITI;5 ;4 C0I(H MARRIAB< ACT, ACT, "J. (
>hen the girl is Oenticed out of the 6eeping of the lawful guardianP9
ii/
In cases of compulsion or deceitful means9 and,
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iii/
4or the purpose of traffic6ing.
These correspond to the pro:isions under :arious matrimonial laws where the lac6 of :alid consent consent is grounds for annulment annulment of marriage. marriage. This section :alidates other forms of customary customary and tradit tradition ional al child child marria marriages ges,, which which remain remain :oidabl :oidablee and :alid :alid till till in:ali in:alidat dated ed by the contracting party.$ +ection J of the Act states that child marriages performed in contra:ention of injunction orders issued, under +ection ), whether interim or final, will be :oid. A magistrate based on a complaint or e:en suo2motu cogni8ance of a report regarding child marriage being arranged can issue these injunctions. It obligates the district magistrate to pre:ent solemni8ation of mass marriages, while acting as a child marriage prohibition officer. The Act legitimi8es children born out of child marriages and ensures protection in the form of maintenance and custody, both for the minor girl and her child. Registrati Registration on of marriages marriages is not addressed addressed in the Child Marriage Marriage Act, "-, but the Andhra 'radesh Compulsory Registration of Marriages Act, "", is strongly ta6en up in the state rules. The child marriage prohibition officer has to ensure Oscrupulous adherenceP to the Andhra 'radesh Compulsory Registration of Marriages Act, "", as per the Andhra 'radesh 'rohibition of Child Marriage Rules, "". Moreo:er, the (aw Commission also recommends Oregistration of marriage be made compulsory.P +ome of the +alient features of the 'rohibition ' rohibition of Child Marriage Act, "- can be listed as i/ Child marriages to be :oidable at the option o ption of contracting party being a child. ii/ 'ro:ision for maintenance and residence to female contracting party to child marriage. iii/ Custody and maintenance of children of child marriages. i:/ (egitimacy of children born of child marriages. :/ 'ower of district court to modify orders issued under section J or section $. :i/ 'unishment for male adult marrying a child. 5
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:ii/ 'unishment for solemnising a child marriage. :iii/ 'unishment for promoting or permitting solemnisation of child marriages. ix/ Marriage of a minor child to be :oid in certain circumstances. x/ 'ower of court to issue injunction prohibiting child marriages. xi/ ;ffences to be cogni8able and non2bailable. xii/ Appointment of Child Marriage 'rohibition ;fficers.
J.". 'R;&(;R3 R<(ATI5B R<(ATI5B T; C0I(H MARRIAB<+ The issue of child marriage is addressed in jurisprudence in three ways /
4irst, in the context of Oage of discretionP2 in relation to habeas corpus petitions in cases
of Oelopement or lo:e marriagesP, where appro:a l from parental authority is lac6ing. "/
+econd, in relation to Oenticement of girls from lawful guardianshipP, which is grounds
for declaring child marriages :oid, e:en with the minor=s appro:al. )/
The third is in relation relation to Muslim Muslim personal personal laws that hold the Oage of pubertyP pubertyP as the
age of marriage, which has been contested in a recent case on child marriage.-
Amrinder3aur and Another :. +tate of 'unjab and 0aryana G ;rs. was a case of a runaway couple see6ing protection under Article " of the Constitution as they were being threatened by the girl=s family. family. The The minor girl of - years got married as per +i6h rites to a 1at man of " " years9 her counsel argued that since she has attained the age of discretion, her marriage is not :oid. The couple married without appro:al from the girl=s family and the girl=s father lodged a complaint that a man in his neighborhood, along with his parents, had 6idnapped his daughter with the intention to marry her.
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The Court, referring to prior judgmentson the issue, held that none of the referred judgments too6 into consideration the pro:isions of the Child Marriage Act, "-, which came into force in "*. Relying on +ections "a/, b/ and "a/ of the Child Marriage Act, "-, the Court held that the marriage is child marriage, as the petitioner is - years and two months old, who has been enticed out of the 6eeping of the lawful guardian and cannot, contract the marriage9 therefore, her marriage shall be null and :oid.* The Court held that in the garb of pro:iding police protection it cannot declare the :oid marriage as :alid. The Court stated, Othe life and liberty of the petitioners is only endangered and threatened by the girl=s family so long as their marriage legally subsists, but once their marriage is declared to be :oid, there is no threat to their life and libertyP. In Ma6emalla +ailoo :s +uperintendent of 'olice and ;rs. ,the Court in deciding on where the )2year2old Arpitha, who got married under the 0MA, should stay referred to the 0MA, 0indu Minority and Buardianship Act !$- 0MBA/ and stated that they had no option but to allow the girl to go with her husband.# The Court, howe:er, opined that the legislatures had not done enough to stop the menace of child marriages, and that this practice Odid not ensure the healthy growth of the societyP.
$. '@5I+0 '@5I+0M<5 M<5T T 4;R 4;R C0I(H C0I(H MARRIA MARRIAB< B< The curse of child marriage has, o:er the years, played a ridiculously important role in shaping the mindset of the society and its people. The marriage of a child before he attains a particular age is not only a factor detrimental to his :alues and childhood, but also to his health and education. As far as the punishment for the crime of Child Marriage is concerned, then it is decided according to the pro:isions p ro:isions in the 'rohibition of Child Marriage Act, "-. $. '@5I+0M<5T @5H
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Child marriage has been an issue in India for a long time. &ecause of its root in traditional, cultural and religious practices it has been a hard battle to fight. Child marriage is also associated with other problems problems li6e dowry and child widowhood. It is also associated associated with malnutrition, malnutrition, poor health of mothers and high fertility and hence o:er2population. The following is an o:er:iew of the act. According to the act a child is a male who has not completed twenty one years of age and a female who has not completed eighteen years of age. Child marriage is a contract between any two people of which either either one or both parties is a child. Child marriage that too6 too6 place before or after this act can be made :oid by the person who was a child at the time of marriage. &ut the marriage must be :oided before the person who was a child completes their second year of maturity. The Child Marriage Restraint Restraint Act, Act, !"! has been repealed repealed and the major pro:isions pro:isions of the new Act include Q
Age of marriage for boys is " and # for girls and any marriage of persons below this
age is child marriage 2 illegal, an offence and punishable under law. Q
<:ery child marriage marriage shall be :oid if so desired desired by either either the bride or the groom who
was a child at the time of the marriage. Q
The Court while granting nullity shall ma6e an order directing the parents and guardians
to return the money, ornaments and other gifts recei:ed. Q
The Court may also ma6e an order directing directing the groom or parents parents or guardian guardian to pay
maintenance to the bride until her remarriage re marriage..! Q
The Court shall ma6e an appropriate appropriate order for the custody and the maintenance maintenance of the
offspring of child marriages. Q
5otwithsta 5otwithstanding nding that a child marriage marriage has been annulled, annulled, e:ery offsprin offspring g of such a
marriage shall be deemed to be a legitimate child for all purposes. 9
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Q
Any person arranging, arranging, party to, solemni8ing solemni8ing,, participati participating ng in a child marriage marriage is also
liable to be punished under the Act, including mass marriages. If a male adult abo:e eighteen years contracts a child marriage shall be punishable unto two years imprisonment andDor a fine with may extend to Rs. la6h. The same punishment will be gi:en to person who performs, conducts or directs a child marriage. @nless pro:ed otherwise, the parents or guardian of the child are considered to ha:e failed to pre:ent the child marriage and an d hence are also held accountable. There are certain situations in which a child marriage is deemed :oid e:en without a petition from one of the parties. If a child was detained away from herDhis parents or guardians, forced to go to a different place, sold into marriage, or made to marry after which they are used for immoral immoral purposes or traffic6e traffic6ed d then that marriage is considered considered to be null and :oid. The court has the power after the application of an officer or any person to issue an injunction prohibiting a suspected child marriage against any person, including a member of an organi8ation or an association of people. The court may also act against a suspected child marriage on its own motion but must pro:ide the personDassociation with time to respond to the injunction. Ignoring a noti notice ce or inju injunc ncti tion on is a punis punisha habl blee offe offenc nce. e. If the the marr marria iage ge is stil stilll carri carried ed out afte afterr the the injunction, it is automatically :oided. The act calls for the instatement of a Child Marriage 'rohibition ;fficer, who is responsible for ensuring no child marriage ta6es place in their jurisdiction by approaching the courts for an injunction, collecting e:idence against people, creating awareness about the negati:e effects of child marriage, collect data concerning child marriages, etc. A child marriage prohibition officer is deemed a public ser:ant in this act. a ct. Rules of this act are to be made by the respecti:e state go:ernments. The act calls for the 0indu Marriage Act, !$$ to be amended to meet its pro:isions as well as the repeal of The Child Marriage Restraint Act, !"!.
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Child marriage marriage in India has been practiced practiced for centuries, centuries, with children married off before their physical and mental maturity. The problem of child marriage in India remains rooted in a complex matrix of religious traditions, social practices, economic factors and deeply rooted prejudices. Regardless of its roots, child marriage constitutes a gross :iolation of human rights, lea:ing physical, psychological and emotional scars for life. +exual acti:ity starts soon after marriage, and pregnancy and childbirth at an early age can lead to maternal as well as infant mortality. Moreo:er, women who marry younger are more li6ely to experience domestic :iolence within the home. The The probl problem emss whic which h occu occurr in the the chil child d marr marria iage ge in Indi Indiaa are are becau because se it has has the the dubio dubious us distinction of being home to nearly J per cent of all child brides in the world despite its ad:erse conse%uences such as malnutrition, pregnancy2related deaths and child mortality. This This fact fact was highlight highlighted ed by &rea6t &rea6thro hrough, ugh, a human human rights rights organisa organisatio tion, n, as it launche launched d a campaign in the city on Tuesday to curb child marriages by addressing it as a societal malaise. The 5ation Against
The issue of child marriage should not be restricted to the >omen and Child He:elopment Ministry but also needs to be ta6en up seriously by other ministries such as the 0ealth and omen >omen and Child He:elopment Ministry. According According to the 5ational 4amily 0ealth +ur:ey III "$2"-/, "$2"-/, around J- percent of women in the age group of #2"! were married before reaching the legal age of #. >hile the rate of child2 child2mar marria riages ges report reportedl edly y droppe dropped d to J- percent percent in "-, "-, in some some states states child child marria marriage ge pre:alence still exceeds $ percent. The highest rates ha:e been found in &ihar -J pc/, Rajasthan $# pc/, 1har6hand - pc/, Madhya 'radesh $) pc/, @ttar 'radesh $" pc/, Chhattisgarh $ pc/, Andhra 'radesh $- pc/ and >est >est &engal $) pc/. >hat is important is the legal and rights implications of choices these young women ma6e. 4eminists ha:e debated the issues of the age at marriage and the age of consent. It is important to note that fixing a mandatory age at marriage would ser:e as a double2edged weapon because while on the one hand it would pre:ent pre2pubertal marriages, on the other it would impinge upon the right of minor girls who ha:e attained the age of discretion to choose a partner and marry. As the cases presented in the earlier sections show, there are minor girls who are forced into alliances9 at the same time, there are in2 stances where they are hounded with habeas corpus petitions for marrying a person of their choice. >hat then can be the way out for the girls, while not endorsing the idea of legalising marriages in the age group of -2# years? This is the grey area that needs to be addressed by society rather than legislatures alone.
Inconsistency in the different personal laws regarding the legally permissible age at marriage, the option of puberty in personal laws, and judicial computation of the age of discretion inhibits implementation of the Act, but at the same time ha:e been successful and upheld consensual marriages with choice of partner.
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>hile it is important to implement the pro:isions of the Child Marriage Act, "-, it is also important to ensure children=s right to life with liberty and non2discrimination9 pro:ide spaces where children can explore and understand their sexuality, e:en while they are protected from practices li6e forced child marriages. Moreo:er, laws alone cannot cann ot address the problem of child marria marriages ges99 there there must must also also be ade%uat ade%uatee suppor support, t, inform informati ation on dissem disseminat ination ion and capaci capacity ty enhancement from :arious %uarters.
