Abstract
Child marriage continues to be a challenge worldwide While it affects both sexes, girls are more frequently victimized as they account for the majority. Despite international and national legislative efforts, including the Prohibition of Child Marriage Act in India, child marriage remains prevalent because of the deep-rooted socio-economic reasons, cultural, and gender biases.
This article addresses the persistent issue of child marriage, a global human rights violation predominantly affecting young girls and examine the limitations of existing legal provisions and propose a multidimensional approach that will prioritize prevention over punitive action.
Key words: Child marriage, Human Rights Violation, Children’s Rights, Patriarchy, Socio-economic Factors, Cultural Norms, Forced Marriage, Prevention Strategies, Social Reform.
Introduction
Child marriage is a social evil. Even though there is near-universal agreement about the ills of child marriage, its actual commission and prevalence have been very alarming.
A child marriage is a form of marriage in which at least one of the contracting parties is below the legal age of consent. Despite legal norms, children continue to get married before they attain eighteen years of age, globally. The UN Convention on the Rights of the Child regards child marriage as a violation of human rights. While both sexes are inflicted with the violence of child marriages, the prevalence of child marriage globally among boys is one-sixth that of girls.
Section 2 of Prohibition of Child Marriage Act, 2006 (PCMA) defines child marriage as a marriage to which either of the contracting parties is a child. Where, ‘child’ means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age. And ‘contracting party’, in relation to a marriage, means either of the parties whose marriage is or is about to be thereby solemnised.
The term child marriage is an oxymoron. While a child implies a person whose capacity to make legal decisions is not fully developed. On the other hand, marriage is an institution with legal standing. The law tries to regulate the legitimacy of sexual activity and marriage is the institution where it is legitimized. However, a child is incapable of understanding the broad and serious obligations expected from members of a marital union. Child marriage often deprives children of intellectual, social and psychological development and carries life-threatening risks. It therefore comes as a great tragedy that the term child marriage is normalised to a point where this blatant paradox is lost on most people.
Causes and Effect of Child Marriage
Child marriage remains a critical global issue, predominantly affecting girls and reinforcing gender disparities. The continuation of child marriages can be attributed to the prevailing societal attitudes and economic constraints. Young girls are often seen as burdens and an early marriage viewed as an appropriate option to some families. Moreover, investment in a girl’s education and development is usually considered wasteful, resulting in an end to schooling early and being considered for marriage instead. Poverty and inequalities, such as gender, caste, and class, push the child marriages further.
Majority of parents want to marry their girl child early in order to reduce the economic costs incurred in raising a child, payment of dowry, and conducting a wedding. The economic factors of child marriage are borne out by studies that reflect that child marriage in India predominantly occurs in less educated, rural and poor families. Members of the such community lack effective opportunities and life chances. The absence of alternative sources for the education, employment, and skill development of women motivates parents to give away their daughters for early marriage. This attitude of parents is conditioned by a survivalist, patriarchal mindset that responds to prevailing social, cultural, and religious norms as well as economic compulsions.
Parents also believe that their daughters would be saved from getting pregnant before marriage and protected from unwanted attentions by men if she were to be married early. Therefore, when one evil of patriarchy is addressed with another solution that is still patriarchal in nature, it can hold society back. This approach affects children, especially girls, as it limits their opportunities and keeps them in a cycle of oppression for generations.
Notably, the very causes of child marriage ensure that members of the marital union and their families are stuck in the vicious cycle of social and economic oppression. Early marriage places a burden on the girls to fulfill their role of producing offspring for the family. A child, forced to prove her fertility, is exposed to enormous health risks. Her body is mentally and physically unprepared for sexual engagement which is forced upon her. Girls in child marriage report early, frequent and unplanned pregnancies which are linked to increased risk of maternal and infant morbidity and mortality.
Education has an inversely proportional effect on child marriage. 87% of married adolescent girls did not attend school. In India, women having twelve or more years of schooling tend to marry much later than other women. The median age at first marriage for women between the age of 25-49 increases from 17.1 years for women with no schooling to 22.8 years for women with twelve or more years of schooling.
Global Efforts to End Child Marriage
Contemporary legal framework
- The Prohibition of Child Marriage Act 2006 (PCMA) represents a significant legal framework aimed at eradicating child marriage in India. It defines a child as a person below 18 years for girls and below 21 for boys. The Act prohibits the solemnization of child marriages and allows for the annulment of such marriages, providing legal recourse for affected individuals.
Penalties for child marriage- The PCMA prescribes punishment for three classes of persons, namely, (i) an adult groom in a child marriage, (ii) persons involved in the solemnization of child marriage and (iii) persons who promote or permit the solemnization of child marriage. The maximum punishment prescribed for all three classes is rigorous imprisonment of two years and a fine of rupees one lakh. Unlike many social legislations, the PCMA does not prescribe a mandatory minimum punishment for committing an offence under the Act. The effect of this is that a judge would be at liberty to nominally punish the accused who are convicted under the Act. The non-prescription of a minimum mandatory sentence has led to ineffective enforcement of the PCMA.
Preventive measures under PCMA- The Act has designed the preventive measures in two ways, by an injunction against the commission of child marriage, and by the appointment of Child Marriage Prohibition Officers (CMPOs). The legislative intent behind the appointment of the CMPOs is to designate an officer to take modified action against child marriage in each district.
- The Protection of Children from Sexual Offences Act, 2012 (POCSO) is enacted to protect the minors from sexual abuse and exploitation. It addresses the provision concerning sexual assault, sexual harassment, and child pornography which aims at children’s welfare and development. According to the Act, a child is defined as anyone under the age of 18, and it raises the age of consent to 18 for all individuals. The Act aims to protect children regardless of their gender, but child marriage poses a significant threat to its principles. The POCSO Act prohibits adult men from having sexual relations with minors, yet child marriage persists, exposing girls to abuse. The Supreme Court ruled against the marital rape exception for minors, stressing that child marriage harms children’s dignity and safety. The POCSO Act protects children from sexual advances, while child marriage endangers minor girls. Under the Act, men can be punished for having sex with their minor wives.
- The Juvenile Justice (Care and Protection of Children) Act, 2015 was put in place to support Article 15 and Articles 39(e) and (f), 45 and 47 of the Constitution to ensure the proper care, protection, development, treatment and social re-integration of children in difficult circumstances. The Act applied a child-friendly approach and is based on the principle of the best interest of the child.
This Act aims to protect children and deal with those who are in conflict with the law. In the context of child marriage, the principles provided in the Act as well as the framework established under it proves to be important. Children who are at risk of marriage at the hands of their family or relatives are expressly recognised as Children in Need of Care and Protection (CNCP) under the Act and are prescribed for their protection, rehabilitation and development. While victims of child marriage are protected under the Act, it further strengthens the effort to eliminate child marriages by creating a trained and skilled force of police officers to deal with children.
- The Commissions for Protection of Child Rights Act, 2005 seeks to assure child rights in two ways. Firstly, it establishes National and State Commissions for the protection of Child Rights. These bodies study, review, and oversee the implementation of child rights law in India. Secondly, the CPCRA establishes Children’s Courts for providing speedy trial of offences against children or for violation of child rights. Clause (b) of Section 2 of CPCRA defines child rights to include the rights stipulated in CRC. The NCPCR and SCPCR serve the roles of review, monitoring and oversight of the legal framework on child rights in India.
- Compulsory Registration of Marriages Act, 2005 was envisioned in 2005 with the aim to not only prevent child marriages but also to ensure minimum age of marriage for women. Other facets that the act looks are relate to preventing polygamy; notice to prior wives in the event of another marriage; and preventing the practice of men abandoning women after the marriage. The Act also would work towards ensuring that all marriages are registered in their states/UTs.
- The Dowry Prohibition Act, 1961 penalises all parties involved in providing or receiving dowry (directly or indirectly) in the act of marriage. Curbing the practice of dowry ensures the prevention of specific forms of violence against women. Since dowry works as a societal value placed on brides, it is evident that younger brides would attach less dowry/higher bride prices. Prohibiting dowry ensures an effort towards the elimination of such acts.
- Policies formulated by the Union Government: In addition to the legislative framework outlined above, the Union Government has also implemented several schemes aimed at empowering young girls and women, such as Sukanya Samridhi Yojana, Pradhan Mantri Awas Yojana (Urban & Rural), Pradhan Mantri Jan Dhan Yojana, and Pradhan Mantri Matru Vandana Yojana (PMMVY). These initiatives aim to promote social well-being and to create a supportive environment for young girls. Complementing these efforts are programs like Samagra Shiksha, the National Overseas Scholarship Scheme, Babu Jagjivan Ram Chhatrawas Yojana, and the Swachh Vidyalaya Mission, which focus on making schools girl-friendly, particularly for the vulnerable sections of society.
Universal and Regional framework
The development of child rights law is highly influenced by the evolving legal standards in international law. It is therefore instructive to look at the progress made and prevailing standards on child rights in the context of early and forced marriage in international law. Early international conventions did not explicitly prohibit child marriage. With the evolution of international law, the community of nations inched closer to an agreeable standard against child marriage.
- Universal Declaration of Human Rights adopted as General Assembly Resolution 217 A (III) in 1948, set forth fundamental principles regarding the right to marry. Article 16(1) of the UDHR stipulates that men and woman of full age without any limitation due to race, nationality, or religion, have the right to marry and to find a family. They are entitled to equal rights as to marriage, during marriage, and at its dissolution. Article 16(2) further stipulates that marriage shall be entered into only with the free and full consent of the intending spouses. Although it does not specify a minimum age for marriage, the UDHR establishes that marriage should be based on free and full consent, laying an early framework for safeguarding autonomy and protecting individuals from coerced or forced marriages.
In the years following the UDHR, International Human Rights Law began to recognize and address the specific vulnerabilities and abuses associated with child marriage. This shift was a response to growing evidence that child marriage disproportionately harms girls, undermining their education, health, and prospects for economic independence. Recognizing that such marriages are often non-consensual and perpetuate cycles of poverty and inequality, the international community began drafting conventions aimed at setting protective standards for marriageable age and conditions.
- African Union- The African Charter on the Rights and Welfare of the Child, adopted in 1990, obligates State Parties to set eighteen as the minimum age for marriage. Article 21 addresses “Protection against Harmful Social and Cultural Practices,” emphasizing the need to eliminate customs harmful to children’s health and dignity. Article 21(2) forbids the practice of child marriage and betrothal and binds every state to enact that eighteen be the age for marriage and marriage registration be made compulsory.
- European Union- The European Convention on Human Rights is a key legal instrument that impacts issues of marriage and child protection. Specifically, Article 12 of the ECHR provides the right to marry for marriageable persons, and Article 8 protects private and family life. Although these articles do not set a minimum age for marriage, they stress individual autonomy and respect for personal life, which are relevant to child marriage debates. Article 3 prohibits inhuman or degrading treatment and provides little safeguard for the vulnerable such as children from harmful practices, child marriage.
The Federal Constitutional Court in Germany ruled that it is legitimate to protect the minors from child marriage but automatic invalidation of marriages between minors under the age of 16 is unconstitutional. It was deemed that the law was inadequate because it didn’t include the legal consequences of invalidation or enable validation when both parties had reached maturity. The automatic invalidation conflicted with Article 6(1) of the German Basic Law, which guarantees the right to marry and start a family according to free will, equality, and autonomy of the partners. That is, marriage is founded on mutual obligations, and the official ceremony only solemnizes the union.
- SAARC- Child marriage is a major issue in South Asia, with about one in four young women married or in union before eighteen. The rates vary widely; over 50% of girls marry early in Bangladesh, while only 2% do so in the Maldives. Differences also exist within countries, such as province-level child marriage rates ranging tenfold in Afghanistan, and although childhood marriages are less prevalent among boys, almost 1 in 10 young men in Nepal report them. Against these difficult circumstances, the South Asian region is reported to have made significant inroads in reducing child marriage rates and may serve as a prototype for other parts of the world.
Adopted in 1985, the SAARC Charter addresses cooperative regional effort for eight countries of South Asia including Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka, and underlines that cooperation on matters of social development and children’s rights. In particular, The Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia adopted in 2002 specifically deals with the shocking rate of child marriage happening in the region. It sees child marriage as a violation of the rights of children, advocates for legislation that would establish a minimum age for marriage, spreading awareness against it, and protects children against harmful practices. It encourages SAARC nations to protect children through policies such as monitoring systems and education promotion against child marriage with community resource mobilization of people against harmful cultural beliefs.
Constitutional guarantees against child marriage
The evolution and progress of child rights in the international arena have simultaneously been evolved and recognised in India.
The Right to self-determination: free choice and autonomy, Right to childhood: education and development of the child are firmly recognised in this Court’s jurisprudence and the multiple legislations in India. The deprivation of health, education, employment and life opportunities caused by child marriage is an affront to constitutional principles of equality, liberty and free expression. Children who are thrown into forced marriages are deprived of their right to development of the child. Three quarters of a century after the commencement of the Constitution, child marriage remains an ever-present and ongoing danger to our society, social progress, and personal liberty.
The right to life and liberty enshrined in Article 21 of the Constitution is violated by the commission of child marriage. All children married as minors are denied their right to choice and autonomy, right to education, right to sexuality and the right to development of the child. Girls who are married as children are denied their right to health. First, we shall analyze the right to choice, autonomy and sexuality, then we shall explore the right to health. We shall thereafter trace the right to childhood which includes the right to education and development.
The duty of the State corresponds to the right to development of a child which is tracible to Articles 14, 19(1)(a), 21 and 15. The right comprehends the ability of a child to exercise free speech, express authenticity and live a life of liberty and dignity. It falls on the State to ensure that children are informed of ways in which their life is likely to interact with society and the cautions to bear in the journey they chart out in life so that they may enjoy and exercise their rights under Articles 14, 15, 19(1)(a) and 21.
The Directive Principles of State Policy in Part IV of the Constitution lay down the fundamental principles in the governance of the country and press upon the State to apply them while making laws. Article 38(2) of the Constitution requires the state to promote the welfare of people and eliminate inequalities in opportunities. This Article mandates the State to actively reduce inequalities and promote welfare, which is essential in addressing child marriage—a practice that disproportionately affects children from economically and socially disadvantaged backgrounds. By targeting inequalities in income, status, and opportunities, Article 38(2) supports creating conditions where vulnerable children have better access to education, healthcare, and social support. This, in turn, reduces the pressures that often lead to early marriage, such as economic dependency and limited future prospects, and enables children to pursue a life free from the constraints imposed by early marital commitments.
Way Forward
Child marriage remains one of the most significant human rights violations and continues to be largely prevalent among girls in most cultures. The dynamics associated with this problem require a comprehensive framework in addressing it.
Legal Enforcement and Judicial Measures:
The core focus of the strategy involves increasing public awareness while strengthening accountability measures. It is often noted that those areas of high child marriage rates coincide with certain socio-economic and geographical factors. Hence, the awareness campaign should be community-based. The strategy targets families on the health, social, and legal impact of early marriages and encourages community-level behavioral change. The removal of loopholes will strengthen the legal framework to allow for immediate actions against the offenders to enhance responsibility.
Intersectional Approach to Address Vulnerabilities
A careful consideration of all the factors and recognition of vulnerabilities such as gender, caste, socioeconomic status, and regional disparities reduces the risks for early marriage. This will allow modified prevention programs to respond to the special needs of various communities by addressing the root causes of child marriage, including poverty, gender inequality, and limited educational opportunities.
Prioritizing Prevention over Penalization
To create lasting social change, the focus should from penalization towards prevention. Measures like better reporting mechanism, having structured community-driven campaigns, and also training local police to handle child marriage cases sensitively can be taken. By appointing a Child Marriage Prohibition Officer, to operate in coordination with specialized police units, will be integral to preventive measures at the grassroots level.
Community Involvement and Awareness Campaigns:
Community leaders, schools, religious institutions, and Panchayats should collaborate to raise awareness through structured campaigns. These efforts include workshops, informational sessions, and impactful local-language materials to address myths, misconceptions and cultural biases over child marriage.
Supportive Measures for At-Risk Individuals
Educational incentives, such as scholarships and mentorship programs, should be proposed to encourage families to prioritize schooling over marriage for young girls. By supporting at-risk families, providing vocational training, and connecting girls with positive role models, these measures can reduce economic pressures that often lead families to consider early marriage as a solution.
Monitoring and Accountability
Monitoring, performance review, and feedback mechanisms must be done to ensure progress. This includes quarterly reporting by CMPOs, evaluation of legal enforcement initiatives, and community feedback loops to assess the effectiveness of awareness campaigns. Collectively, these efforts represent a coordinated, multi-sectoral approach aimed at the complete eradication of child marriage, setting a blueprint for a society that prioritizes the rights and futures of young individuals.
Conclusion
Ending child marriage is a humanitarian imperative everywhere in the world that goes beyond legislation to the socio-economic and cultural dimensions’ deep root factors. Laws would not suffice, alternative measures are essential, with more focus on prevention, empowerments at the community level, and providing other opportunities to the girls in the communities.
Campaigns for awareness and incentives for targeted education give families more meaningful alternatives to early marriage and encourage them to value education over outdated cultural norms. Initiatives involving local leaders, schools, and religious institutions help break down societal acceptance of child marriage and promote a future where children’s rights are protected.
It is through concerted efforts across the globe that the silence over child marriage is being broken. Every awareness campaign, educational program, and supportive measure, aims to give children across the world the right to pursue education and personal growth before marriage. The way forward is clear, even though the road ahead to ending child marriage is long and will require continuous commitment. United in this goal, communities, governments, and organizations pave the way to a future where marriage is a choice rather than an obligation. This is a critical commitment to ending child marriage for building a future of equality, justice, and opportunity for all.
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WRITTEN BY- TEJASRI RAO
