Introduction

• Child marriage can have negative consequences for the child bride, including limited education and economic opportunities, health risks, and exposure to domestic violence.
• From an ethical standpoint, child marriage is often seen as exploitative, as children may lack the ability to fully consent and navigate the complexities of marriage and family life.
• It is important to work towards ending child marriage and promoting the protection and empowerment of children through education, advocacy, and policy changes.

The Prohibition of Child Marriage (Amendment) Bill 2021

• The bill proposes to amend ‘The Prohibition of Child Marriage Act of 2006’.
  • It seeks to make registration of marriages mandatory to prevent child marriages and provide better protection to children.
• The bill proposes to make the punishment for offenses related to child marriage more stringent.
• The bill seeks to empower district courts to issue orders to prevent child marriages and provide protection to children.
• The bill proposes to provide more comprehensive rehabilitation and support services to children who are victims of child marriage.

The Prohibition of Child Marriage Act of 2006

• The act prohibits the marriage of children, defined as females under the age of 18 and males under the age of 21.
  • The law replaces the earlier ‘Child Marriage Restraint Act of 1929’ and seeks to prevent the exploitation of children, particularly young girls.
• Any marriage that involves a minor is voidable under the ‘Prohibition of Child Marriage Act’, and the parties involved in arranging or facilitating such a marriage can be punished with imprisonment and a fine.
• The law imposes a duty on district authorities to prevent child marriages and to take appropriate measures to ensure the protection and rehabilitation of children who are victims of child marriage.
  • The law recognizes the harmful effects of child marriage on the health, education, and development of children, particularly girls.

The Consequences of Child Marriage

• Limited Education: Child brides are often forced to drop out of school, which limits their future opportunities and economic prospects.
• Health Risks: Child brides are at greater risk of complications during pregnancy and childbirth due to their young age and lack of physical development.
• Domestic Violence: Child brides are at higher risk of experiencing domestic violence, including physical, sexual, and emotional abuse, than adult women.
• Economic Disadvantage: Child brides often lack the skills and education necessary to earn a living, which can lead to poverty and financial dependence on their husbands.
• Social Isolation: Child brides may be isolated from their families and communities, which can have negative psychological and emotional effects.
• Inter-Generational Cycle: Child marriage can perpetuate a cycle of poverty and gender inequality by denying girls education and economic opportunities and trapping them in a cycle of early marriage and early childbearing.
• Strict enforcement of the law can act as a deterrent and prevent child marriages from taking place.

Challenges and Solutions

• Creating awareness about the harmful effects of child marriage is crucial. This can be achieved through various media platforms, community engagement programs, and public awareness campaigns.
  • The involvement of religious leaders, community leaders, and youth groups can also help spread the message effectively.
• Effective implementation of the law is crucial to curb child marriage. This can be achieved by strengthening the legal framework, increasing the number of child protection officers, and ensuring the availability of adequate resources to enforce the law.
• Addressing the root causes of child marriage is crucial. This requires addressing poverty, gender inequality, and social norms that perpetuate child marriage.
  • Providing access to education, healthcare, and vocational training can help break the cycle of poverty and provide opportunities for young people to achieve their full potential.
• Enforcing the law prohibiting child marriage remains a significant challenge. The deep-rooted cultural and social norms make it difficult to curb the practice. The government, civil society organizations, and local communities need to work together to create awareness about the harmful effects of child marriage.

Case Laws

• P.Venkataraman v. State (1976):
  • The Andhra High Court held that the only consequence of child marriage is that persons concerned are liable for the punishment under Section 18 of Hindu Marriage Act, 1955, and a decree of divorce is liable to be given to the parties, if they wish so.
• Lajja Devi v. State (2012):
  • The issue before the Delhi High Court was whether the marriage of Charan and Meera, provided that Meera was a minor at the time of the marriage, would be void under the Hindu Marriage Act, 1955.
  • The Court analysed the provisions of the ‘Prohibition of Child Marriage Act’ and held that the act would override the personal laws, and the child marriage contracted by a minor girl, shall be voidable.
  • The court also held that since the provisions of the ‘Prohibition of Child Marriage Act, 2006, provide that a child marriage shall be voidable, it cannot be held void in any case until the parties turns major and without the consent of the party.

Conclusion

Child marriage is a significant social issue that has long-lasting consequences on children's physical, mental, and emotional health. The prohibition of child marriage under Hindu law is an essential step towards curbing this practice. However, the law alone cannot solve the problem. It requires a concerted effort from the government, civil society organizations, and local communities to create awareness and change attitudes towards child marriage. With collective efforts, we can ensure a better future for our children, free from the harmful effects of child marriage.