Child Marriage: The Indian Historical And Societal Context by - Florine M. Muchokore & Dr Gurpreet Kaur
CHILD MARRIAGE: THE INDIAN
HISTORICAL AND SOCIETAL CONTEXT
AUTHORED BY- FLORINE M. MUCHOKORE
ABSTRACT
This research is based on ‘Child
Marriage’ on an Indian scale mainly focusing on how regardless of the changes
and developments we are now going through as a society for the betterment of
the entire human race, we still find countries, leaders, and individuals that
turn a blind eye to child marriages, and reported cases are left untended to.
In the research, we’ll look at reports made by victims from 2019 to the present
day (2023), and look at factors such as the historical background, the current
status quo, the causes of the problem, the conditions of the places where cases
are being reported i.e rural or urban, the action that’s being taken by local
authorities in those regions/areas, the impact of actions being conducted
there, and the problems faced in these places with regards to addressing the
issues. The main purpose of this research is to bring to light the negatives of
child marriages and where we are falling back as humanity in ignoring the
problem, with the aim of at the end of paper not just raising awareness of the
problem at hand and gaining sympathy from our audience, but to also create a
platform for people to come up with solutions alongside the ones we will
provide having seen the challenges at hand, and igniting the needed change
globally with the aid of our sample study areas. The research will be carried
out from a qualitative approach by analysing the content of reports available
online, web search results, and any other available sources of media from
newspapers, and documentaries to identify themes, trends, or patterns without
quantifying them. The goal is to find the impact this problem has on the
livelihoods of the girl child, and if suspicions of this impact being negative
are indeed true, policymakers could also come to see this light we would have
shed with our research and begin to make extra and more firm measures into
place in approaching the challenge at hand.
INTRODUCTION
Child marriage involves marrying off
children especially girls before the legal age of marriage. Child marriage has
been a deeply rooted problem for centuries, traced back to cultural, social,
economic and historical factors. Efforts to combat child marriage in India have
been ongoing, with both government and non-governmental organizations working
to raise awareness, enforce existing laws, and create support systems for
at-risk children and their families. Legislative measures have been put in
place to criminalize child marriage and promote girls' education. However,
implementing these measures and changing deeply ingrained cultural norms
remains a complex challenge. Addressing child marriage requires a multi-faceted
approach involving education, community engagement, economic empowerment, and
social change to ensure a safer and more promising future for young girls in
India.
Recognizing the harmful consequences
of child marriage on children's physical, emotional, and social well-being,
concerted efforts are needed from the government, civil society organizations,
religious leaders, and communities to eliminate this practice. By promoting
education, empowering girls, and challenging archaic norms, India can strive to
create a society where the rights and well-being of every child are prioritized
and protected, breaking free from the chains of an ancient practice that has no
place in a progressive and equitable society. Thus this research paper will
explore the historical roots of child marriage, the contributing factors, and
the devastating consequences, while also discussing the ongoing efforts to
address and eradicate this harmful practice.
STATEMENT OF PROBLEM
Child marriage is a worrying and
usually ignored social issue, particularly in the South Asian region, with
far-reaching consequences for the well-being and development of children
especially the girl child, as they are the major stakeholders in this problem.
While various studies have explored the prevalence and consequences of child
marriage, there remains a gap in our understanding of the effectiveness of
recent interventions aimed at reducing child marriage rates in this region.
This study seeks to address this gap by examining the impact of current
educational programs by raising awareness, and legal reforms on child marriage
rates in select South Asian countries (particularly India) over the past
decade. Specifically, it aims to assess whether increased access to girls'
education and changes in legal frameworks have resulted in a measurable change
in child marriage rates or not; by investigating this aspect, this research
contributes valuable insights to the ongoing efforts to combat child marriage
and promote gender equality in the country.
OBJECTIVES
- To analyse the trends and prevalence of child marriage
in India over the past 3 years to date using compiled data from official
reports and statistical sources.
- To examine the impact of educational interventions,
including access to quality education and girls' empowerment programs, on
the incidence of child marriage in the study region i.e., in India.
- To assess changes in legal frameworks and policy
initiatives related to child marriage in the country and determine their
influence on the practice especially in affected areas.
- To identify regional and socio-economic variations in
child marriage rates and assess their relationship with educational
access, legal reforms, and other contributing factors.
- To explore the role of cultural and societal norms in
perpetuating or challenging child marriage, drawing insights from web
searches, media analysis, and qualitative data sources.
- To provide evidence-based recommendations for
policymakers, NGOs, and advocates working to combat child marriage in
India, based on the research findings and best practices identified.
LIMITATIONS
- Data Availability and Reliability:
- Incomplete Data: Data from reports and web searches may be incomplete
or outdated, leading to gaps in the analysis.
- Reliability of Web Sources: Information from websites and
online sources may lack accuracy or reliability, as it can be subject to
bias or errors.
- Sample Bias:
- Selection Bias: If the compiled data sources are not representative
of the entire population or region, the findings may not be
generalizable.
- Temporal Limitations:
- Time Frame: The study is limited to a specific time frame, which
could impact the ability to capture long-term trends or changes.
- Methodological Limitations:
- Data Collection Methods: The study relies on secondary
data sources, which may not provide the depth and nuance that primary
data collection methods (e.g., surveys, interviews) can offer.
- Analysis Constraints: Depending on the data available, certain
analyses or statistical tests may not be feasible.
- Cultural and Language Barriers:
- Interpreting Cultural Context: Understanding the cultural
nuances and context related to child marriage may be challenging,
especially if researchers are not from the studied region.
- Foreigner: Trying to interview victims or members of society who
are knowledgeable on the ongoing issues within their surroundings will be
a huge challenge as I am a foreign student and can only communicate in English
hence Interviews are off-topic.
- Video Sources: Some of the available video material may be in local
(any of the Indian dialects) hence if it has no translation provided with
the video, it may be a challenge to get key information from it.
- Bias and Subjectivity:
- Biased Reporting: Reports and web sources may contain biases, either intentional
or unintentional, which could affect the accuracy of the information.
- External Factors:
- Policy Changes: Unforeseen changes in policies or interventions
during the study, or soon after can influence the research findings.
- Resource Constraints:
- Data Access: Limited access to certain data sources or databases
may restrict the comprehensiveness of the study.
- Generalizability:
- Contextual Differences: Findings may be specific to
the selected region or countries and may not be directly applicable to other
regions with different social, cultural, or economic contexts.
- Ethical Considerations:
- Privacy and Consent: Ensuring that web data and reports used in the
study adhere to ethical guidelines regarding privacy and consent can be
challenging
INTRODUCTION
THE HISTORICAL TIMELINE OF CHILD MARRIAGES IN INDIA
Child marriage was a widespread
practice in ancient India, particularly during the Vedic period. During this
time, it was not uncommon for girls as young as 8 to 10 years old to be married
off to older men. The primary motivation behind this practice was to guarantee
the security and protection of daughters, as well as to ensure the continuity
of lineage through the birth of sons. In this historical context, child
marriage was deeply rooted in cultural and societal norms, reflecting the
prevailing priorities and values of that era.
During the Medieval Period, the
practice of child marriage not only persisted but also expanded its prevalence.
During this era, the age of marriage for girls further decreased to as young as
7 to 8 years old. This alarming trend marked a continuation of the deeply
ingrained tradition of child marriages, reflecting the enduring influence of
cultural and societal norms from previous centuries.
During the British Rule in India,
attempts were made by British officials to curtail the practice of child
marriage. However, these efforts encountered significant resistance, primarily
stemming from deeply ingrained cultural and religious beliefs. In an attempt to
address this issue, the British government passed the Child Marriage Restraint
Act of 1929, which raised the minimum age of marriage for girls to 12 years.
Unfortunately, despite this legislative intervention, the act proved to be
largely ineffective in eradicating the practice of child marriage. Cultural
traditions and resistance to external influence continued to shape marriage
practices in India, underscoring the complexities of addressing this deeply
rooted societal issue.
In the post-independence period in
India, the government took further steps to address the issue of child
marriage. The legal age of marriage for girls was increased to 18 years through
the enactment of the Child Marriage Restriction Act of 1976. Despite this
progressive legal change, the practice of child marriage persisted and proved
difficult to eradicate. Multiple factors contributed to its persistence,
including widespread poverty, limited access to education, and deeply
entrenched cultural norms that favoured early marriages. These challenges
demonstrated the complex and multifaceted nature of the issue, highlighting the
need for comprehensive efforts to combat child marriage in India.
In the current scenario in India,
despite the legal age of marriage being set at 18 years, child marriage
persists, particularly in rural and tribal areas. Shockingly, girls below 18
years old still make up a substantial portion, approximately 25%, of married
women in the country, as reported by UNICEF. This persistent challenge can be
attributed to several factors. One key issue is the lack of effective policy
implementation and enforcement, which has allowed child marriage to persist
despite legal prohibitions. Additionally, socio-economic factors, including
poverty and limited access to education, continue to play a significant role in
fuelling child marriage, making it a deeply ingrained societal issue that
demands sustained efforts and comprehensive solutions for eradication.
The
current situation calls for urgent action in addressing child marriage in
India. Stricter enforcement of laws against child marriage is imperative, but
it must be complemented by broader social reforms. To combat this deeply rooted
issue effectively, we must prioritize better access to education and the
empowerment of women. NGOs and government schemes are already making valuable
contributions to curbing this social problem, but it will require sustained
efforts and increased awareness.
By
combining legal measures with comprehensive social reforms, India can hope to
eradicate child marriage over time. The empowerment of women improved access to
education, and raising awareness about the adverse consequences of child
marriage are crucial steps towards creating a society where every child can
grow up in a safe and nurturing environment, free from the harmful practice of
early marriage.
CAUSES AND THE REGION
As mentioned earlier, child marriage
is a severe social problem in India with complex socio-economic causes
depending on the region in focus, hence girls below 18 years account for about
25% of married women in India. Below are the leading causes of child marriage
in India:
- Poverty:
Poverty is a significant cause of
child marriage in India as parents from poor economic backgrounds marry off
their young daughters to reduce the financial burden at home and due to the
belief that early marriage will secure their future. Their financial
constraints have a big role in all their decision-making as shall also be seen
in the next cause i.e. ‘dowry’.
- Dowry:
As it is common knowledge, during
marriage in India it is the girl and her family that are expected to pay off the
dowry, and it’s worth is usually dependent on features such as the age of the girl;
i.e. the older she is, the higher the demand. As a result, parents marry off
their young daughters while the dowry demand is still low since as girls grow
older, dowry demands increase which may be too unbearable for many families
living below the poverty datum line.
- Lack of education:
Lack of education and awareness among
girls and their families is an important cause of child marriage. This issue
underscores education's critical role in addressing and ultimately preventing
child marriage. When girls and their families lack access to quality education,
they may not fully comprehend the long-term consequences and risks associated
with early marriage. Conversely, educated individuals tend to be more informed
about the harms of child marriage. They are better equipped to make informed
decisions for themselves and their children, including recognizing the negative
effects of early marriage on girls' health, well-being, and future opportunities.
- Traditional beliefs:
Traditional and cultural beliefs and
practices persistently promote child marriage in India, exerting a significant
influence on societal norms. These deep-rooted traditions often lead people to
believe that early marriage serves as a means of safeguarding girls, ensuring
their security, and guaranteeing the continuity of the family lineage. Within
these traditional frameworks, there is a prevailing notion that early marriage
is a protective measure for girls, shielding them from potential risks or
uncertainties. Additionally, it is perceived as a way to provide financial and
social security for young brides. Furthermore, the practice is viewed as a
means of upholding family traditions and ensuring the lineage's perpetuation,
which is highly regarded in many Indian communities.
- Gender discrimination:
Gender discrimination in Indian
society is a significant driver of child marriage, perpetuating harmful
practices that undermine the rights and well-being of young girls. A prevailing
issue is the unequal social status assigned to women, often closely tied to
their roles as wives and mothers. This societal construct leads to the early
marriage of girls, as their values and status are often linked to marriage and
motherhood. In this context, child marriage is often seen as a way to fulfil
the traditional roles and expectations imposed on women, thus reinforcing
gender disparities. The practice can be viewed as a means of transitioning
girls into their expected roles as wives and mothers as early as possible. This
perpetuates a cycle of discrimination, limiting girls' opportunities for
education, personal development, and economic independence.
- Lack of enforcement of laws:
In India, despite the existence of
laws prohibiting child marriage, the weak implementation and enforcement of
these laws have allowed the practice to persist. A significant issue
contributing to this problem is the lack of strict punishment for those who
perform child marriages. This absence of meaningful consequences creates a
sense of impunity, encouraging individuals and communities to continue the
practice without fear of legal repercussions.
- Health concerns:
Misconceptions about the supposed
health benefits of child marriage persist in some societies. Some people mistakenly
believe that early marriage can promote the physical and mental development of
girls. However, the reality stands in stark contrast to these beliefs.
In truth, child marriage often has
detrimental effects on the health and well-being of young girls. Physically,
girls who marry early are at a higher risk of experiencing health problems,
including complications during pregnancy and childbirth due to their bodies not
being fully developed. Additionally, they may face a higher likelihood of
contracting sexually transmitted infections (STIs) because they often lack
information about safe sexual practices. Mentally, child marriage can lead to
emotional and psychological stress for young brides, as they may not be
emotionally prepared for the responsibilities of marriage and motherhood. They
are often forced to abandon their education and personal aspirations, which can
lead to feelings of disempowerment and dependency.
o Cultural norms:
In certain communities and
regions in India, child marriage persists as an accepted social and cultural
norm, deeply entrenched in tradition. This enduring practice is often
perpetuated because it has been followed for generations and is deeply
ingrained in the fabric of these societies. Cultural norms and traditions hold
immense influence over individuals and communities, shaping their perceptions
and behaviors. In such contexts, child marriage is viewed as a customary
practice that upholds social order and aligns with long-standing beliefs and
values. The pressure to conform to these norms can be overwhelming, making it
challenging to challenge or change the practice.
o Lack of opportunities:
In several Indian families and communities, the dearth of
opportunities and autonomy for girls can lead parents to make the difficult
decision to marry off their daughters at a young age. This situation often
arises from a complex interplay of social, economic, and cultural factors.
Limited access to education and employment opportunities for girls can limit
their prospects for personal and economic independence. In such circumstances,
early marriage may be perceived as a way to secure a girl's future, especially
in families facing financial hardships. Additionally, societal expectations and
traditional gender roles can pressure families into arranging early marriages
for their daughters, as it aligns with established norms and expectations. This
practice underscores the importance of addressing broader issues related to
gender equality, education, and economic empowerment.
RESEARCH QUESTIONS
1. Has access to education for the girl
child made measurable changes in raising awareness on the issue of child
marriage?
2. Has the recent legal framework made an
impact in curbing the issue of child marriage and holding instigators of child
marriage accountable for their actions?
3. What can be done to stop the influence
of religion and its impact on child marriage?
4. What can be done to raise awareness
in the rural areas where most people are still backward and illiterate and
still consider child marriage as a societal and cultural norm?
RESEARCH METHODOLOGY SAMPLE
SURVEY
An online survey will be conducted in
four states: West Bengal, Assam, Telangana and Rajasthan to determine whether
there have been changes in the rates of child marriage or whether the legal
framework and policies have been effective in the mentioned area over the past
three years.
The survey will also examine whether
there have been girl empowerment programs and awareness campaigns in the
specified areas over the past three years.
The survey will target victims of
child marriage, survivors of child marriage and parents.
The survey will be conducted in the form
of a questionnaire to reach a large population.
CASE STUDIES AND INTERPRETATION
CASE 1
Figure 1 https://indianexpress.com/article/lifestyle/life-style/married-teenager-forced-to-marry-women-marriageable-age-union-cabinet-child-marriage-7727625/
Interpretation of the first case draws
down to the question of the minimum marriage age for girls in India, currently
set at 18, brings to light a pressing concern: are our existing legal standards
regarding marriage still relevant in today's rapidly evolving society? The age
threshold of 18 may have made sense in an era where a simple rural life, centred
around farming and communal support, could suffice for survival. However, the
modern landscape presents an entirely different scenario. In today's world,
individuals are expected not only to secure a basic education but often to
pursue tertiary education to meet the evolving standards of their communities
and address the growing economic challenges. This changing dynamic means that
young people are required to invest more time and effort in their personal
development before contemplating marriage. Consequently, there is a growing
need to re-evaluate the minimum marriage age in India, as it may no longer
align with the realities and demands of the contemporary era, where education
and economic self-sufficiency are paramount for a successful and sustainable life.
CASE 2
The preceding passage is drawn from
the heart-wrenching story of a young girl named Komal from Madhya Pradesh/Rajasthan,
India who was tragically compelled into child marriage at the tender age of 16.
Her story highlights the grim reality of how such marriages rob children of
their youth, depriving them of essential opportunities for education and
personal growth. It is a stark reminder that child marriages not only curtail
the freedoms of these young individuals but also shed light on the passivity of
the community, which often stands by silently, treating this distressing
practice as normal. In addition, this narrative underscores a critical truth:
childbearing is a responsibility best suited for adults, not children. The
emotional and physical toll placed upon young brides can be devastating,
emphasizing the urgent need to address and eradicate child marriages as a societal
concern that impacts the lives of innocent children
CASE 3
Figure 3 https://www.thehindu.com/news/national/other-states/assam-to-relaunch-drive-against-child-marriage-in-september/article67255276.ece
The above-mentioned excerpt, sourced
from The Hindu Bureau and dating back to February 2023, sheds light on a
disheartening reality. In that month alone, over 3,000 individuals were
apprehended for their involvement in orchestrating child marriages within the
region of Assam. This sobering statistic serves as a stark indicator of the
urgency required to address the pervasive issue of child marriages within our
society. The magnitude of these arrests underscores the gravity of the problem
and the need for concerted action at both the community and institutional
levels to combat this deeply rooted social ill. It serves as a poignant
reminder that child marriages persist as a pressing concern, one that demands
our collective efforts and commitment to protect the rights and well-being of
our most vulnerable youth.
CASE 4
Figure 4 https://www.indiatoday.in/law/story/child-marriage-valid-not-void-at-18-punjab-haryana-high-court-1854827-2021-09-20
The legal perspective presented in
the aforementioned case attempts to address child marriage by stipulating that
a marriage is considered valid unless the child involved declares it void upon
reaching the age of 18. However, this approach raises critical questions about
the law's inadvertent consequences. Does this legal stance unintentionally
condone child marriages, potentially undermining the very purpose of protecting
vulnerable children? Moreover, does it risk turning a blind eye to countless
voiceless young girls who may be trapped in oppressive situations, too afraid
to speak out due to the intimidation they face when entering into such
marriages? These are pressing concerns that call for a thorough examination of
the legal framework surrounding child marriages, emphasizing the need to strike
a balance between recognizing the agency of individuals as they mature and
safeguarding the rights and well-being of those who may be coerced or silenced
within such unions.
Child marriage is not just a deeply
infuriating act that stirs the emotions of those who empathize with its
victims; it is a grievous infringement upon the rights of these young
individuals. Victims of child marriage are denied their fundamental right to
have a say in one of the most significant decisions of their lives. They are
not consulted about their opinions regarding the marriage or allowed to express
their aspirations for their futures, whether it be education or any other
personal goals. Tragically, they often find themselves voiceless in the face of
this injustice, silenced by intimidation or the fear of being labelled as
dishonest. Furthermore, the current legal framework in many parts of India,
including Punjab and Haryana, appears to be ambiguous and inadequate in both
protecting these victims and eradicating the practice. This heart-wrenching
reality underscores the urgent need for comprehensive legal reforms, support
systems, and societal awareness campaigns to safeguard the rights of these
young individuals and ensure that child marriages become a relic of the past,
never to rob another child of their future.
LEGAL FRAMEWORK
Prohibition of Child Marriage
Act, 2006
In an earnest effort to combat the
alarming rise in marriages involving minors, where brides are often below 18
years of age and grooms below 21, the Prohibition of Child Marriage Act, of 2006,
was enacted with noble intentions. Its primary objectives were to prohibit such
child marriages, safeguard the rights and interests of young individuals
coerced into these unions, and impose penalties, including fines and
imprisonment, on those responsible for promoting or conducting such marriages.
Additionally, it sought to raise awareness about the devastating consequences
of child marriages. However, it is disheartening to note that, despite the
existence of this legislation, the reported cases of child marriages have
continued to increase each year, as revealed by data from the National Crime
Records Bureau (NCRB). For instance, the numbers of cases registered under the
'Prohibition of Child Marriage Act, 2006' for the years 2017, 2018, 2019, 2020,
and 2021 stand at 395, 501, 523, 785, and 1050, respectively[i].
This increase in reported cases, while a sign of heightened awareness among
citizens about the detrimental nature of child marriages, should not be
misconstrued as a victory in combating the issue. Instead, it serves as a stark
reminder that the focus should now shift towards rigorous enforcement of the
law, given the significant challenges indicated by these alarming statistics.
Religion
Focused acts
In India, a country known for its
cultural and religious diversity, the government has taken steps over the
decades to address the issue of child marriages through various legislative
acts. One such act is the Hindu Marriage Act of 1956, which emerged as a
response to early social reform movements in the country. It was also
influenced by international pressure from India's newfound allies in the global
community who advocated for aligning Indian laws with international standards
and conventions, especially those related to child rights and the prevention of
child marriages, viewing such practices as violations of human rights.
The
Hindu Marriage Act of 1956 aimed to combat child marriages by
setting clear guidelines. It emphasized the importance of informed consent from
all parties involved, established penalties for violators, promoted social
awareness, and sought to align Indian laws with international conventions.
However, a notable issue remains within the act – gender inequality. Despite
addressing several critical aspects of child marriages, the act displays a
gender bias in the minimum marriageable age. It sets the minimum age for women
at 18 and for men at 21, thereby indicating a disparity in how the two genders
are perceived. This discrepancy raises concerns about the potential undermining
of women's aspirations and opportunities for personal growth, implying that
they must prioritize marriage over achieving their goals, qualifications, and
dreams. It highlights the need for a more equitable approach to marriage
legislation, one that promotes gender equality and ensures that both genders
have the same opportunities to pursue their paths before considering marriage.
According to Dr.Sudhir Kakar, a
Psychoanalyst in GOA “…child marriages come from that, it is said that a
girl should be married immediately after her first menstruation when she can
conceive…”.[1]
Another significant legal framework
that addresses child marriages in India is The
Muslim Personal Law. This body of law discourages child marriages and
has served as a model for setting minimum ages for marriage in many countries.
The Muslim Personal Law draws upon Islamic principles and traditions,
considering factors such as consent, maturity, and sound judgment as essential
in determining the readiness for marriage. It emphasizes the importance of the
minimum age of marriage being contingent on the maturity, consent, and free
will of both parties involved, ensuring the protection of their rights.
Additionally, it acknowledges that the appropriate age for marriage may vary
depending on social and cultural factors within different communities.
However, a potential weakness in this
legal framework lies in its approach to defining maturity. Unlike some other
laws that set a fixed age for marriage, the Muslim Personal Law does not
specify a particular age at which an individual is considered mature enough for
marriage. Instead, it relies on a subjective assessment of an individual's
readiness for marriage. While this approach allows for flexibility in
considering social and cultural variations, it can pose challenges for
policymakers who may struggle to determine a universally acceptable age,
especially for females. Nevertheless, the Muslim Personal Law's emphasis on
consent, maturity, and free will remains crucial to discouraging child
marriages and promoting responsible unions within the Muslim community.
Furthermore, the Indian Christian Marriage Act of 1872 presents
another illustration of legal principles indirectly discouraging child
marriages. This historical legislation outlines specific rules and regulations
pertaining to Christian marriages within India. Interestingly, the act, akin to
the Muslim Personal Law, refrains from specifying a particular age at which
individuals are deemed suitable for marriage. Instead, it operates on the basis
of general principles embedded within the act that implicitly discourage child
marriages. Unlike some laws that lay out clear and firm methods for punishing
perpetrators of child marriages, the Indian Christian Marriage Act of 1872 does
not delineate explicit penalties for such actions.
This approach, while leaving room for
interpretation and flexibility, may also pose challenges in terms of
enforcement and consistency in preventing child marriages. Nevertheless, the
act, by emphasizing the importance of responsible and consensual unions,
contributes to the broader objective of discouraging early and forced marriages
within the Christian community in India.
Conclusively, when examining
religiously focused acts that address child marriages in India, it becomes
evident that there is a pressing need for reform. The bias in defining the age
of maturity and the unequal treatment of genders are glaring issues that
require attention. The idea that one gender should be afforded more time to
develop and lead a free life before committing to marriage is a reflection of
deeply ingrained stereotypes and societal norms that demand reevaluation. Furthermore,
it is noteworthy that, despite the variations among religious laws, there is a
common thread of disapproval toward early child marriages. Given this shared
sentiment, it raises the question of whether it would be more effective and organized
for the government to establish a unified and universal act applicable to all
religions. Such an act, aligned with human rights and international law
standards, could help mitigate disorder and streamline the monitoring and
enforcement of regulations surrounding child marriages. It would not only
underscore the commitment to safeguarding the rights and well-being of young
individuals but also contribute to a more harmonious and equitable society
where all are given the opportunity to grow, develop, and make informed choices
about their futures, irrespective of gender or religious affiliation. The time
has come to address these issues comprehensively and ensure that the rights of
children are protected above all else.
FEMINIST
IDEOLOGY
Feminists have been
instrumental in opposing this destructive practice from the movement's
inception to the present. We examine the evolving feminism's perspectives,
tactics, and contributions to the conversation on child marriage.
The custom of marrying
off girls before they are of legal consent has been known as child marriage,
and it has always been a major problem with significant consequences for
women's rights and gender equality. Feminist ideology, which promotes girls'
autonomy, agency, and independence from early, forced marriage, has been
instrumental in opposing this practice.
During the late 1800s and
early 1900s, first-wave feminism started to develop. Early feminists like
Elizabeth Cady Stanton and Susan B. Anthony began educating people about the
effects of child marriage on women's rights. They maintained that underage
marriage restricted the chances available to girls and upheld
the patriarchal rule.
THE IMPACT OF NGOS
Non-governmental organizations (NGOs)
play a crucial role in addressing social issues like child marriages, often
serving as advocates and providing support to affected communities. However,
they can encounter limitations when it comes to influencing policy decisions or
having a significant presence in policy-making discussions. In many cases,
their ability to effect change is amplified when they form partnerships with
statutory bodies that hold influence within the parliament or government. This
partnership allows them to have influence on those who have a seat at the table
during policy discussions and enhances their capacity to advocate for
meaningful reforms. Unfortunately, not all NGOs, especially grassroots ones
with limited resources, have the opportunity to engage in such partnerships.
Consequently, the ability of NGOs to make substantial strides in the battle
against child marriages can be constrained, highlighting the need for broader
support and collaboration to tackle this pervasive issue effectively.
Taking an indigenous approach to
combat early child marriages, we find an inspiring example in the Aarambh in
Bhopal (AIB) organization based in Bhopal. Initially established as a ChildLine
organization focused on providing support to homeless and abused children,
Aarambh has expanded its mission to tackle the issue of early child marriages.
In this crucial endeavour, the organization collaborates closely with various
stakeholders, including the Women and Children's Welfare Office, the Special
Juvenile Police Unit, and the local police in charge within its jurisdiction.
Additionally, the organization works in partnership with the Office of the
Police Commissioner to create a comprehensive and coordinated response to the
challenge of early child marriages. Through this collaborative effort, Aarambh
exemplifies the power of grassroots organizations and community engagement in
addressing complex social issues and safeguarding the rights and well-being of
children.
CONCLUSION
Conclusively, the exploration of
child marriages in India throughout this paper underscores the enduring
challenges in effectively addressing this cruel practice. While education and
awareness campaigns are vital initial steps, they represent just one facet of
the complex issue at hand. The real test lies in enforcing existing laws,
ensuring compliance with these regulations, and holding those who deviate
accountable. Moreover, there is a pressing need for comprehensive legal reform
to align existing laws with contemporary standards, emphasizing the principles
of equality and freedom. The journey toward eradicating child marriages in
India is far from over. It demands sustained commitment, collaboration among
stakeholders, and a relentless pursuit of justice and social progress for the
nation's most vulnerable children. Only through such dedicated efforts can we
hope to bring about lasting change and create a future where every child can
thrive, free from the shackles of early and forced marriage.
REFERENCES
·
Indian Christian Marriage Act, 1872
·
National Crime Records Bureau (NCRB)
·
Prohibition of Child Marriage Act, 2006
·
The Hindu Marriage Act, 1956
·
The Muslim Personal Law