Open Access Research Article
CHILD MARRIAGE: THE END OF CHILDHOOD BY: ANUPAMA DAS & BISWARUPA DAS
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Article Details
“CHILD MARRIAGE: THE END OF
CHILDHOOD"
AUTHORED BY: ANUPAMA DAS &
BISWARUPA DAS
Marriage is a beautiful dream for
many; however it becomes a nightmare when it involves children. A Child is a
person who is yet to complete his or her 18 years of age[1]. Childhood
is a time for learning and playing and not for bearing the burden of responsibility.
Imagine a 15 years old girl, who, instead of attending school is confined to
the kitchen as someone’s wife. Is this how a child envisions their childhood?
Do they deserve such a fate? It is
heartbreaking to know that globally around 650 million girls are married even
before they celebrate their 18th birthday.[2]South
Asia has the highest no. of child brides, approximately 285 Million. In Latin
America and the Caribbean, the prevalence of child marriage remains as high as
it was 25 years ago, showing little to no improvement.[3]
This issue is not limited to poor countries – child marriage exists even in
developed nations, including the United States.[4]
Child marriage is an illegal practice
that occurs when a person under the age of 18 marries an adult or a minor.
Despite the existence of legal frameworks worldwide to eliminate this practice,
child marriage remains prevalent. International forums such as the Convention
on the Elimination of All forms of Discrimination against women (CEDAW) and the
United Nations Conventions on the Rights of the Child (UNCRC) prohibit child
marriage.[5] In
India, The prohibition of Child Marriage Act, 2006, was enacted to eliminate
this deeply rooted practice. According to this act, a child is defined as a
person who has not attained 21 years of age in the case of boys and 18 in the
case of girls.[6] However,
this contradicts the principle of gender equality emphasized by CRC and UDHR,
as it enforces different legal ages of marriage for men and women, thereby
perpetuating discrimination.[7]
The act renders such marriages null and void, and if they do occur, severe
punishments are prescribed for the offence.
However, child marriage is still
prevalent in states such as Rajasthan, Uttar Pradesh, Bihar and West Bengal.[8]
From 2017 to 2021, states like Meghalaya, Mizoram, Manipur, and Nagaland
reported zero registered cases of Child Marriage under the PCMA, 2006. There
are several factors responsible for this evil practice, including historical,
cultural, economic and social influences. Child marriage has been practiced
since ancient times, leading people to believe that it is a natural order that
must be continued. From a cultural perspective, a virgin woman is often
considered a symbol of honor and pride for a family. Families fear that as a
girl grows older, she might lose this perceived honor, which leads them to
prefer early marriages. From an economic standpoint, families often view
daughters as a financial burden and seek to marry them off as soon as possible
to reduce household expenses.
Child marriage is more prevalent in
rural areas, where poverty is widespread. In patriarchal societies, where woman
are primarily expected to bear children and manage household chores, early
marriage is seen as advantageous. Young brides are considered more suitable for
reproduction, and at a younger age, they are less likely to resist control.
Another significant reason is dowry. The younger the bride, the lower the dowry
demanded, whereas an older groom often requires a smaller dowry. These
financial incentives lead many families to prefer marrying off their daughters
at an early age.[9]
Laws to abolish child marriage exists
worldwide, yet poor implementation and deeply entrenched social norms continue
to hinder progress. In some countries, the minimum age for marriage is set at
18, marrying below this is either banned or considered a criminal offence.
However, in other nations, the law merely establishes a minimum age without
criminalizing child marriage itself. Approximately 88% of countries have
ratified the Convention on the Rights of the Child (CRC) and set 18 as the
minimum age for marriage. However, a major loophole exists- around 30 % of
these countries allow child marriage under parental or judicial consent or
personal laws, sometimes even before the age of 15.[10]
In many countries around the world,
children may be married off before the minimum legal marriage age with parental
consent, as marriages often involves parental authority. This creates a
loophole that undermines efforts to prevent child marriage and allows the
practice to persist despite legal restrictions. In many civil Law countries,
although the legal age of marriage is fixed, parallel personal laws governing
different communities may either lack a minimum age requirement or set it lower
than the national legal standard. This legal inconsistency remains a major
obstacle to effectively preventing child marriage. Another scenario in which a
child can be married before the minimum legal age is when a judge, court or
government official grant approval , often in cases where a partner is pregnant
or has given birth .This exception creates yet another problem that weakens
efforts to prevent child marriage. [11]
Last but not least, no matter how
many laws are enacted, they will remain ineffective unless society changes its
mindset, stops normalising child marriage, and actively speaks out against it.
Both the people and the government must work together to ensure the effective implementation
of these laws otherwise they become meaningless.
Devastating Impact of Child
marriage
Child marriage has been a prolonged
issue impacting on the lives of many girls worldwide. Child marriage amplifies
gender inequality, denial of girls access to education, also exposes them to
severe health risks, economic hardships, and psychological trauma. As per
sources, out of 223 million child brides 102 million brides are married at the
age of 15 forcefully. Various non-profit organisations in India like Saarthi
Trust, Aangan Trust, Girls not brides, Institute of Health Management Pachod
(IHMP) etc are fighting against the child marriage.[12]
Health: Marriage at the right age or the age
after the adolescence lets girls to be ready from physical as well as mental
aspects. But when it comes to the purview of chid brides they are still
underdeveloped, going through sexual acts before they are physically or
mentally prepared for the act. Adolescent pregnancy is one of the key issue
arising out of early marriages which is considered to be risky for the child
brides and the baby. Globally, 21 million girls of the age group 15-19 years
become pregnant in developing countries. As per the sources of the World Health
Organisation (WHO), the 11% birth that are given by the mothers are mostly aged
less than 20 years, also most of such cases are arising from the middle-low
income countries.[13]According
to 2010 UNFPA report, India reported the highest rates for women who had live
births by the age of 18 years.[14]The
4th National Family Health Survey (NFHS-4) states that there were 11.8 million
adolescent pregnancies in India.[15]As
per the reports of the National Family and Health Survey (NFHS), it was
revealed Tripura has the highest adolescent fertility rate for women aged 15-19
years, experiencing 69 births per 1,000 women. From Union territories, Ladakh
and Lakshadweep too recorded lower birth rates having 2 births per 1000 women
aged 15-19 years.[16]Underdevelopment
of adolescent bodies leads to higher rates of maternal mortality. The major
risk involved due to early pregnancy can be increased health risks,
complications during pregnancy and childbirth, high risks of abortions and
still births, premature births, mental health issues.
Child marriage also increases the
chances of girls getting infected with HIV. Since child brides mostly live at
remote regions they have limited access of information regarding the
contributing factors, treatment or prevention of HIV. India marks the 3rd
highest HIV population in the world out of which 35% of such cases are from the
age group of 15-24 years.[17] To combat such challenges associated with
child marriage an inclusive or a thorough approach must be adopted soon which
can include legal, educational, healthcare, and socio-economic reforms.
Educational & Economic
Disadvantage:
Child brides face the pressure of maintaining certain domestic responsibilities
also raising children which in turn leads to dropping out of schools, excluded
from the chance of achieving future economic independence etc. As per the
recent surveys, The Unified District Information System for Education (UDISE+)
2020-21 report reveals that the dropout rate in India is 14.6% for secondary
level education. Also reports from National Statistical Office (NSO) reveals
that, 12.6% students are dropped out of schools in India out of which mostly
are dropped out at secondary and upper primary levels.[18]
Child marriage not only affects an
individual but also bears a bad fortune for the country. Due to marriage at an
early age girls are forced to drop out of schools thus unable to acquire any
good job later in their future. According to reports of World Bank and
International Center for Research on Women (ICRW) it has been observed that
child marriage will affect developing countries by 2030.[19]
Psychological & Social Effects: Despite of the physical and economic
effects, child marriage also have serious psychological repercussions. Young
brides out of early marriages face severe depression, anxiety, Post-traumatic
stress disorder (PTSD).
Young child brides face extreme
distress due to the violence faced by their partner. WHO’s reports suggests
that adolescent girls face high rates of violence from their partners. It was
also found that 24% of the girls aged 15-19 years faced both physical and
sexual violence from their partners. It was observed countries with high rates
of girls enrolling in schools had lesser rates of violence against adolescent
girls whereas lower income countries reported higher rates of violence against
the adolescent girls.[20]
How Can We End Child Marriage?
Strengthening Legal Frameworks: A sturdy legal framework is crucial
to eliminate child marriage. Also in India, The Prohibition of Child Marriage
Act, 2006 (PCMA) allows minimum legal age for marriage 18 years for girls and
21 years for boys. But there are loopholes that allows child marriages to
continue. According to Muslim Personal Law, a child on reaching puberty is
eligible for marriage where the minors can be married with parental or
community consent. These exceptions to the law make it easier for child
marriages to happen.
Judicial & Grassroots Activism: To combat child marriages the
Judiciary must play a strong role in protecting child brides to annul their
marriages. Grassroot level organisations like Darpan, a women led organization
aims to work for combatting child marriage in Jharkhand since 1998. Also
organizations like Girls Not Brides, leads a great role to advocate for
stronger laws, raising awareness, and providing legal aid to victims. In 2016,
UNICEF, together with UNFPA, launched a global programme to tackle child marriage
in 12 of the most high-prevalence or high-burden countries: Bangladesh, Burkina
Faso, Ethiopia, Ghana, India, Mozambique, Nepal, Niger, Sierra Leone, Uganda,
Yemen and Zambia.[21] Initiatives of such NGOs in collaboration
with Government help to curb down the rates of child marriage also come with
alternatives to solve that.
Changing Social Norms: Changing the perception of the
society that favours child marriage must be shifted and build a society where
girls are valued for their dreams and education.To counter such traditional
social norms awareness programmes led by educators, religious leaders or
community figures must be actively engaged to make people understand about the
harmful effects of child marriages. Also initiatives can be taken by schools to
actively engage girls at sex education programmes to let girls know about their
rights, reproductive health, and the risks associated with early marriage and
pregnancy.
Economic Empowerment of Families: The core reason behind child marriage
is poverty so economic support becomes an important ingredient to end the
practice. Government can offer financial incentives in the form of conditional
cash transfer also scholarships to encourage parents of girl child to let enrol
their girls in schools. Former Prime Minister of Australia Julia Gillard,
former first lady of the U.S. Michelle Obama, and Prime Minister of Norway Erna
Solberg, and U.K. Foreign Secretary Boris Johnson[22]
have taken interest in educating girls. The scheme Beti Bachao Beti Padhao
launched in 2015 in collaboration with women’s Self help groups, village level
committees aims to provide financial assistance for the health and education of
the girl child.[23]Skill
development programs can be introduced to provide young girls with vocational
training and economic independence reducing the burden of girls on their
family.
Conclusion
Marriage for children is one of the worst human rights violations
because it takes away a child’s childhood, education, and aspirations for a
bright future. This leads young girls to live a life full of poverty, gender
discrimination, and health problems. Even though there are laws and global
policies, the issue persists because of strong cultural beliefs, poverty, and
ignorance. Stamping out marriage for children calls for action from
governments, the judiciary, civilians, and everyone in society.
[1] Education, Understanding Child Rights, (2024),
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://education.vikaspedia.in/viewcontent/education/childrens-corner/child-rights/understanding-child-rights%3Flgn%3Den&ved=2ahUKEwiR6N-3k9eLAxUjTGwGHYXfLMEQFnoECBMQAw&usg=AOvVaw3n3Q3OqxxiDdCF3nDhMylu
[2] UNICEF, "Child Marriage: Global and
Regional Trends”, 2021
[3] World Bank, "Child Marriage
and Economic Impact," 2020.
[4] Human Rights Watch, "Child Marriage
in the United States," 2019.
[5] UN Women, "CEDAW and the Fight
Against Child Marriage," 2018.
[6] The Prohibition of Child Marriage Act,
2006 (India)
[7] United Nations, "Universal
Declaration of Human Rights," 1948.
[8] National Commission for
Protection of Child Rights, India, 2021 Report
[9] Girls Not Brides, "The Root Causes of
Child Marriage," 2020
[10] UNICEF, "Ending Child Marriage:
Progress and Challenges," 2022
[11] National Centre for
Biotechnology Information, Child Marriage Laws
around the World: Minimum Marriage Age, Legal Exceptions, and Gender
Disparities, (2017), https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://pmc.ncbi.nlm.nih.gov/articles/PMC6382347/&ved=2ahUKEwiKis25mdeLAxVfcGwGHR5aAg4QFnoECBYQAQ&usg=AOvVaw1dqDeulrmUop_HH9WdH4Vf
[12]The Borgen Project, 4 Nonprofit
organizations Fighting
Child Marriage in India, (25July,2019),https://borgenproject.org/fighting-child-marriage-in-india/.
[13]BMC
Pregnancy and Childbirth, Prevalence and correlates of
adolescent pregnancy motherhood and adverse Maternal and Perinatal Outcomes Associated
with Child Marriage in South Asia, (26 January 2023),https://bmcpregnancychildbirth.biomedcentral.com/articles/10.1186/s12884-023-05354-6.
[14]United
Nations Population Fund (UNFPA), Adolescent Pregnancy A Review of the
evidence, (01 Jan 2013) https://www.unfpa.org/publications/adolescent-pregnancy.
[15] BMC Pregnancy and
Childbirth, Prevalence and correlates of adolescent pregnancy,
motherhood and adverse pregnancy outcomes in Uttar Pradesh and Bihar, (26
January, 2023), https://doi.org/10.1186/s12884-023-05354-6.
[16] Down to Earth, Adolescent Fertility Rate,
Teenage Pregnancies Decline in Indian States: NFHS-5, (31 Dec
2020), https://www.downtoearth.org.in/health/adolescent-fertility-rate-teenage-pregnancies-decline-in-indian-states-nfhs-5-74850.
[17] National Centre for
Biotechnology Information, Indian adolescents and human immunodeficiency virus:
A pilot study from Delhi, (2016) https://pmc.ncbi.nlm.nih.gov/articles/PMC4943137/
[18]Research Gate, Understanding The
Dropout Crisis: Girls’ Education in India and the Impact of Girls’ Dropout on
Education in India, (2023), https://www.researchgate.net/publication/380324243_Understanding_The_Dropout_Crisis_Girls%27_Education_in_India_and_the_Impact_of_Girls%27_Dropout_on_Education_in_India
[19]World Bank Group, Child Marriage
Will Cost Developing Countries Trillions of Dollars by 2030, Says World
Bank/ICRW Report, (2017), https://www.worldbank.org/en/news/press-release/2017/06/26/child-marriage-will-cost-developing-countries-trillions-of-dollars-by-2030-says-world-bankicrw-report
[20]The Lancet, Intimate partner
violence against adolescent girls: regional and national prevalence estimates
and associated country-level factors, (2024), https://www.thelancet.com/journals/lanchi/article/PIIS2352-4642(24)00145-7/fulltext
[21]UNFPA-UNICEF Global Programme to
End Child Marriage , (July 2024) https://www.unicef.org/protection/unfpa-unicef-global-programme-end-child-marriage
[22]Brookings, Who is shaping girls’
education globally?, (7 March 2017), https://www.brookings.edu/articles/who-is-shaping-girls-education-globally/
[23] India Today, Top-6 government
schemes for girls' education in India, (21 May 2024), https://bestcolleges.indiatoday.in/news-detail/top-6-government-schemes-for-girls-education-in-india
Article Information
CHILD MARRIAGE: THE END OF CHILDHOOD BY: ANUPAMA DAS & BISWARUPA DAS
Authors: ANUPAMA DAS, BISWARUPA DAS
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/10
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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