Lok Sabha Elections 2024: Child Rights Activists Call for Inclusion of 'Child Marriage Free India' in Election Manifestos

According to the National Family Health Survey-5 (NHFS 019-21), 23.3 percent of girls in the age group of 20 to 24 in the country get married before they turn 18. Whereas according to 2011 census data, two out of every three girls get married between the ages of 15 and 17. This means that out of a total of 52 lakh, 33 lakh girls were married before they turned 18.
As per UNICEF data, over half of the girls and women in India who married in childhood reside in Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh, with Uttar Pradesh having the largest number.
As per UNICEF data, over half of the girls and women in India who married in childhood reside in Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh, with Uttar Pradesh having the largest number.Image source- Jyoti Judiciary Coaching

New Delhi- Compulsory and free education for all children until the age of eighteen can play a decisive role in eliminating child marriage from the country by 2030, as there is a direct and clear correlation between dropping out of school before the age of 18 and child marriage.

This important finding, which can prove to be a game-changer in the ongoing fight against child marriage in the country, is from a research paper released recently by the Child Marriage Free India Campaign, a coalition of 160 NGOs campaigning to end child marriage in the country by 2030, titled "Exploring Linkages and Roles of Education in Elevating Marriage for Girls in India".

According to the research paper, India is at a tipping point in the path of eliminating the evil of child marriage by 2030. A tipping point is reached when a series of small changes and events become significant enough to cause a radical change. In such a situation, if free and compulsory education until the age of 18 years becomes a reality, then this fight to root out the crime of child marriage will gain new momentum and direction.

Speaking to The Mooknayak, Purujit Praharaj, who leads the study, said, "Although both the central and state governments are working determinedly and seriously to end child marriage, yet if the existing Right to Education law is changed to include education until the age of 18, it can give a new impetus to efforts in the fight against child marriage."

The Child Marriage Free India Campaign is a coalition of 160 NGOs running a grassroots campaign against child marriage in more than 300 districts with high rates of child marriage to eliminate this social evil by 2030.

In the last six months alone, this alliance has stopped more than 50,000 child marriages in the country while legal action has been initiated in more than 10,000 cases. Through its vast network and grassroots information system, it has succeeded in preventing five percent of total child marriages across the country.

It is worth mentioning that all countries of the world have committed to achieving the goal of eliminating child marriage and forced marriage by 2030 under the Sustainable Development Goals (SDGs) of the United Nations.

The Mooknayak spoke with Dr. Shailendra Pandya, director of Gayatri Seva Sansthan, an associate organization of the Child Marriage Free India Campaign and child rights expert. Pandya said that although the Center and the State Governments have shown commendable will and seriousness in eradicating this social crime, there is still a need to take some more important steps to sharpen the fight against child marriage.

It is clear from the findings of the research paper that the step of compulsory and free education up to 18 years can prove to be a transformational step to end child marriage and hence there is an appeal to all political parties to include this demand in their election manifesto for the upcoming Lok Sabha elections.

Dr. Pandya said that at present the nation needs to give top priority to education and ensure a complete ban on child marriages.

According to the National Family Health Survey-5 (NHFS 019-21), 23.3 percent of girls in the age group of 20 to 24 in the country get married before they turn 18.
According to the National Family Health Survey-5 (NHFS 019-21), 23.3 percent of girls in the age group of 20 to 24 in the country get married before they turn 18.

The research paper has underlined the interrelationships between the female literacy rate and child marriage rate based on data and facts from different parts of India. For example, in Kerala, which has a 96 percent female literacy rate, the child marriage rate is only six percent, while the national average is 23.3 percent. Similarly, in Mizoram, a state with a 93 percent female literacy rate, the child marriage rate is only eight percent. In contrast, in Bihar, where the female literacy rate is only 61 percent, the child marriage rate is 41 percent.

In Madhya Pradesh, where the female literacy rate is 67.5 percent, the child marriage rate is 23.1 percent, whereas in Haryana, which has a 73.8 percent female literacy rate, the child marriage rate is much lower at 12.5 percent.

According to the research paper, "It is clear from the study that expanding access to education shifts the age of marriage for girls, which has positive consequences in the form of better socio-economic status and gender equality."

However, the paper also mentions a few instances where the relationship between female literacy and child marriage rates is opposite to what is seen across the country. For example, the female literacy rate in West Bengal is 77 percent, yet the child marriage rate there is extremely high at 42 percent. Similarly, in Tripura, despite the female literacy rate being 82 percent, the rate of child marriage is 40 percent. The literacy rate in Assam is 78.2 percent, while the child marriage rate is 31.8 percent.

According to the paper, "These exceptions indicate that while female literacy rates may play an important role, socio-economic factors and cultural traditions influence the practice of child marriage in some areas."

According to the National Family Health Survey-5 (NHFS 019-21), 23.3 percent of girls in the age group of 20 to 24 in the country get married before they turn 18.

Whereas according to 2011 census data, two out of every three girls get married between the ages of 15 and 17. This means that out of a total of 52 lakh, 33 lakh girls were married before they turned 18.

Traditional Roots

Child marriage, a practice rooted in traditional epic stories and dating back to India’s ancient period, has persisted through the ages. Historically, children as young as six or eight were wedded during the medieval era. This custom was believed to foster understanding and affection between spouses if they knew each other from childhood, with the girl typically remaining with her parents until reaching puberty.

This tradition evolved into practices like "Atta Satta," particularly prevalent in regions like Tonk and Bikaner in Rajasthan. Atta Satta involves the exchange of a daughter for a daughter-in-law in marriage to their son. This practice emerged due to concerns over the declining number of available brides. Families unable to find a suitable bride for their son would resort to exchanging their daughter in exchange for a girl from another family.

In his autobiography 'My Experiments with Truth', Father of the Nation, Mohandas Karamchand Gandhi reflects on a painful chapter of his life, expressing his reluctance to recount his marriage at the tender age of thirteen.

It is my painful duty to have to record here my marriage at the age of thirteen. As I see the youngsters of the same age about me who are under my care, and think of my own marriage, I am inclined to pity myself and to congratulate them on having escaped my lot. I can see no moral argument in support of such a preposterously early marriage.
-M.K Gandhi

Child Marriage and Legal Provisions

Child marriage is a cognizable and non-bailable offence. The law that deals with child marriage is called The Prohibition of Child Marriage Act (PCMA), 2006. Punishment for conduct of child marriage is imprisonment up to two years and/or fine up to Rs. one lakh or both. Anyone who has reason to believe that a child marriage has taken place or is going to take place, can complain.

Child marriage can be reported to:

  • Police

  • Child Marriage Prohibition Officer (CMPO)

  • Child Welfare Committee

  • District Magistrate

  • Court

  • Childline (1098)

A child can approach district court for the cancellation of the marriage. The child can approach the court with the help of police, Child Welfare Committee, Child Marriage Prohibition Officer, Childline, NGOs or any other person whom the child trusts.

A child marriage can be stopped by obtaining an ‘injunction order’ (stop the child marriage order) from the Court of Judicial Magistrate of First Class or Metropolitan Magistrate. Help of Police, Child Welfare Committee, Child Marriage Prohibition Officer, Childline, NGOs may be sought for approaching the Court.

Progress and Challenges: India's Journey Towards Ending Child Marriage

According to UNICEF, India has made significant strides in combatting child marriage, yet it still harbors the largest population of child brides globally. While progress has been notable in various areas, the pace of decline is inadequate to achieve the goal of eradicating this practice by 2030, as outlined in the Sustainable Development Goals. The UNICEF data says:

  • One in three of the world’s child brides live in India, including girls under 18 who are already married and women who first married in childhood.

  • Over half of the girls and women in India who married in childhood reside in Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh, with Uttar Pradesh having the largest number.

  • Nearly one in four young women in India (23 percent) were married or in union before their 18th birthday.

  • The prevalence of child marriage varies across states and union territories, with as much as 40 percent of young women married before turning 18 in states like West Bengal, Bihar, and Tripura, compared to only 1 percent in Lakshadweep.

  • A girl’s risk of child marriage depends on factors such as rural residence, poverty, and limited education, with a higher proportion of child brides found among those with little or no education.

  • The majority of young women who marry early give birth as adolescents, posing challenges for continuing their education, as fewer than 2 in 10 married girls remain in school.

  • Evidence suggests that the practice of child marriage is less common today than in previous generations, with accelerating progress observed over the last 15 years.

  • While India has made strong progress compared to other countries in South Asia, additional efforts will be required to eliminate child marriage by 2030.

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