Landmark SC ruling targets menace of child marriage

In a recent landmark ruling, the Supreme Court issued a slew of directives to the Centre and state governments to eradicate the social evil of child marriage. The court also ordered the creation of special police units to firmly address the evil.

However, the challenge is daunting. Child marriage is an age-old practice. Various social, cultural and economic factors came into play in the need to protect unmarried girls from foreign invaders. Hence, early marriage was preferred and it later became a rigid social custom.

The problem was further compounded by the dowry system. The fear of payment of a heavy dowry for the marriage of a girl after puberty made the practice common, particularly among the poor sections of society. In rural areas of some states, if the girl is not married before she is 17 years old, the entire family is ostracised.

For the girl, early marriage leads to inadequate socialisation, discontinuation of education and great physiological damage owing to repeated pregnancies. Evidence shows that the maximum maternal deaths take place between 15 and 16 years, when a girl is unprepared for marriage.

Under the amended Child Marriage Restraint Act of 1978, the minimum legal marriageable age was raised to 18 years for women and 21 years for men from the original Act of 1929 that provided for the marriageable age for girls at 14 and boys at 18.

The Prohibition of Child Marriage Act, 2006, replaced the 1978 Act with the same minimum age limits. The Prohibition of Child Marriage (Amendment) Bill raised the age of marriage for females to 21 years. This Bill is yet to be passed.

The Council for Social Development, New Delhi, conducted a study on child marriages in Rajasthan and Andhra Pradesh and concluded that this legislation remained a dead letter because of the prevalent social and religious customs, poor economic conditions and ineffective enforcement machinery. Hundreds of girls below 18 years are married on the occasion of Akshaya Tritiya in Rajasthan, Bihar, Andhra Pradesh and Tamil Nadu.

A study conducted by the council for the Union Ministry of Social Welfare has dealt with the perception of women themselves on the issue of child marriage. Many women look at early marriage as protection against sexual molestation. Also, when a girl grows up, it is difficult to get a suitable match for her as the dowry demand also goes up. Further, child marriage is actually a betrothal, as the ‘gauna’ or real marriage takes place when the girl is much older.

Discussions with women also reveal another negative side of the issue. Boys who marry young usually abandon their wives and get married again when they grow older.

After a news report was published in an English daily that mass marriage would be solemnised in Rajasthan on April 29, 1998, on Akshaya Tritiya, the National Human Rights Commission (NHRC) issued a notice to the state Chief Secretary and called for a detailed report to know the action taken by the state government to prevent child marriages. It also sent a team to Rajasthan for an investigation. Senior officers visited Bikaner and Jodhpur and witnessed a number of child marriages being solemnised with fanfare, and without any objection from the authorities or the public.

The commission pointed out to the state government that it was a statutory obligation on its part under the Child Marriage Restraint Act to prevent child marriages and take appropriate action in accordance with the provisions of the Act. It called for a report from the Rajasthan Government on the prevalence of child marriages in the state.

The NHRC also undertook a study of the Child Marriage Restraint Act and felt that some amendments to the Act were needed. As the offences under the Act are not cognisable, no arrest could be made without the order of the Judicial Magistrate. The commission felt that the Act had to be amended to make the offence cognisable, non-bailable and triable by the sessions court. Powers should be given to the Executive Magistrate and police officers for the effective implementation of the Act.

Sadly, the present situation regarding child marriages remains as horrifying and shameful. According to the UNICEF, one-third of the world’s child brides live in India and nearly 23 per cent of young women in India are married before their 18th birthday. The states with the highest number of child marriages include Uttar Pradesh, Bihar, Madhya Pradesh, Maharashtra and West Bengal.

Economists, applying the law of demand and supply, have recommended that a reduction in the number of women would enhance their status. They should, however, look at the hard anthropological evidence, which shows that states in India with extremely adverse sex ratio, including Bihar, UP and Rajasthan, are notorious for crimes against women such as polyandry, gang-rape and dowry killings.

The Supreme Court, in its recent directives, ordered the appointment of child marriage prohibition officers at the district level. They would be responsible for the enforcement of laws protecting the affected children. The court has also called for the establishment of police units dedicated to prevent child marriage. This can be a game-changer only if these units are adequately staffed and empowered. Often, it has been seen that such officers and special units have not been purposefully utilised.

However, legal deterrents alone will not eliminate the scourge of child marriage. Social conscience needs to be stirred against this evil practice. Voluntary groups should be encouraged to mobilise public opinion and create an atmosphere of stern social disapproval of the traditional practice of child marriage.