Child marriage, one of the most distressing social maladies of our times, contributes virtually to every social problem that affects women.
The Law Commission's recent recommendations like i) declaring child marriages involving a girl or boy below 16 years as illegal, ii) proposing a uniform age of 18 years for marriage of both boys and girls, iii) raising the age for sexual consent from 15 years to 16 years for all girls, regardless of marriage and iv) mandatory registration of marriages within a fixed period, for all the communities is a welcome step to end child exploitation and abuse.
Child marriage, defined as marriage of a child less than 18 years of age, an ancient, worldwide custom, is believed to have existed as early as 300 BC. Though in ancient India the practice was rare, marriage of girls below 8 or 9 years prevailed during the reign of Delhi sultans.
With girls considered an economic burden in many societies and poverty compounding the situation in perpetuating child marriage, the amount of dowry increased as the girl got older. This often resulted in parents getting their daughters married at younger ages.
Such marriages do have a social sanction. Not long ago, media reported the case of a Minister marrying off his minor daughter in violation of the law. The gentleman was quick to explain that since he got elected on a 'reserved' seat, he needed to follow the customary practices. He justified that failure to do so apart from his excommunication would lose his very qualification to contest again. What was his best recourse under such circumstances? Could he go against the pressures of his tradition?
Concerned with the growing menace of child marriages, the National Commission for Women in 1995 advised the Government to appoint Child Marriage Prevention Officers, recommended for stringent punishment as well as making the offences cognizable besides declare that such marriages performed in contravention of the Act as void. The National Human Rights Commission in 2002 recommended comprehensive amendments to the Child Marriage Restraint Act, 1929. Following representations from different quarters, a comprehensive legislation to tackle child marriages took shape with the passing of the Prohibition of Child Marriage Act, 2006 under which all offences are cognizable and non-bailable.
Most importantly, every child born of such marriage, whether before or after the commencement of the proposed legislation, are legitimate for all purposes. Anyone who performs/conducts/directs/abets any child marriage is liable to be punished with simple imprisonment extending up to 2 years plus a fine extending to Rs 1 lakh. Where a child contracts a child marriage, be it the parent, guardian or any other person in charge of the child, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with simple imprisonment extending up to two years plus a fine up to Rs 1 lakh. However, no women shall be punishable with imprisonment.
So, has the new legislation helped to curb child marriages? Take the case of Jharkhand where child marriages are rampant. Following a recent survey by the human resources department establishing that 80 percent of girls in the state were married before they passed the secondary school examination and 70 percent quitting school midway, stipends are to be doled out to girls from the next academic year. Parents need to furnish an undertaking not to marry off their daughters to be eligible for the stipends amounting to Rs 150 per month. The government would deposit this amount in a bank account in the name of the girl student.
More recently two instances where minor girls married off to men twice their age that too as second wives of their husbands was reported in Hyderabad. In the first case, a minor girl's husband forced her to satisfy the desires of his father until and unless she brought home Rs 50,000 and two kilos of gold as dowry. When she resented her in-laws along with the husband threw kerosene on her. Another minor who sought for a divorce after she came to know her husband was already married infuriated her in-laws and husband. They not only demanded Rs 35,000 as punishment for raising her voice but one night, her husband and mother-in-law sexually assaulted her following which she had to be hospitalised for over two months.
Many believe that such marriages are a means to protect girl children from sexual harassment in some situations and as a means to cut down the cost of marriage in others. But what are the implications?
According to various researches and studies conducted to assess devastating effects of child marriage, early marriage has an adverse impact on the well being of families. Especially, where girls are uneducated and unprepared for their roles as mothers, the effect on the society as a whole is considerable.
The girl child is bound to suffer irreparable losses due to biological factors and inability to sustain pressure of marriage at an early age. Such children may be pulled from school at an early age as also face extreme pressure from parents to bear children soon after marriage, causing early pregnancy, sexually transmitted diseases (including HIV/AIDS) and high maternal mortality rates.
Pregnancy poses many several challenges for young girls and since pregnancy suppresses the immune system, relatively young pregnant girls are at increased risk of acquiring diseases like malaria.
Child marriage can affect the next generation which is equally at higher risk for avoidable illness and death. Adolescent mothers have a 35 to 55 percent higher risk than older women for delivering infants who are preterm and of low birth weight.
True, legislation alone cannot stop this evil custom. But other steps need consideration. India has on 11 December 1992 accepted the Convention on Rights of Child, the most universally accepted human rights instrument, whereby the State is committed to protect and ensure child rights. Perhaps lack of awareness and accountability has been a major enabling factor for child marriages to thrive. But why should anybody risk her or his life to prevent child marriages? Remember the fate of 48-year Shakuntala Verma, a supervisor in Madhya Pradesh's child and welfare department who tried to dissuade people in tribal-dominated Dhar (Bhanpur village) from marrying off their children? On 12 May 2005 a youth visited her house in the pretext of seeking directions and chopped off her hands.
Unlike Shakuntala, last April, a 10-year-old girl in West Bengal's North 24-Parganas who stood up against the collective might of her family was successful in stopping her marriage. With a pledge to study and be self-reliant., the class 5 student supported by her neighbours approached the district administration and with police help the child's marriage was prevented.
Child marriages in India are largely and directly linked to ignorance and poverty. Since such marriages are not registered no accurate statistics are available. The Law Commission's suggestion to register all marriages, which has been also emphasised by the Supreme Court, needs implementation in letter and spirit.
Since the malady of child marriages seems to prevail among the communities where education of girls is not paid adequate attention, it is imperative to focus on girls' education. Moreover an educated girl will not go in for an early marriage. Therefore, efforts should be made to ensure cent per cent enrolment of girls in schools.
As such, child marriage is a gross violation of human rights because it denies the right of education, health and bonding with others their own age. In the national interest, the menace merits to be struck out at its roots.
Aarti
Print This Page
Terms
and Conditions