Child marriage refers to the marriage of individuals who are below the legal age. In India:
- A girl below 18 years
- A boy below 21 years
marrying is considered child marriage.
It is a violation of child rights and is often forced upon children due to poverty, illiteracy, social pressure, or traditional beliefs.
🔹 Laws Against Child Marriage in India
🏛 Prohibition of Child Marriage Act, 2006
This is the primary law to prevent child marriages in India.
Key Provisions:
- Minimum Age for Marriage:
- Girls: 18 years
- Boys: 21 years
- Punishment:
- Anyone who conducts, promotes, or participates in a child marriage can face rigorous imprisonment up to 2 years or fine up to ₹1 lakh, or both.
- Voidable at the Option of the Minor:
- A child marriage is not automatically void, but can be declared void by the minor after attaining majority (within 2 years).
- Void Marriages (Section 12):
- If a child is forced, kidnapped, trafficked, or married for illegal or immoral purposes, such marriages are automatically void.
- Custody & Protection:
- Courts may issue orders for the custody and maintenance of the minor involved.
🔹 Why Child Marriages Still Happen?
Despite being illegal, child marriages continue due to:
- Poverty and economic burden
- Lack of education
- Social customs and pressure
- Fear of premarital relationships or sexual assault
- Gender inequality
🔹 Social and Health Consequences
- Health Risks: Early pregnancy leads to high maternal and infant mortality.
- Education Disruption: Girls often drop out of school post-marriage.
- Domestic Violence: Young brides are more vulnerable to abuse.
- Poverty Cycle: Early marriage perpetuates poverty and limits growth.
🔹 Recent Developments
- In 2021, a proposal was passed to raise the minimum age of marriage for girls from 18 to 21, to bring gender equality. However, it is awaiting legislative approval.
- Several state governments run awareness campaigns and reward programs (e.g., Kanyadan Yojana, Beti Bachao Beti Padhao) to prevent child marriages.
🔹 Legal Rights of the Minor
- A minor forced into marriage has the right to nullify it after attaining majority (within 2 years).
- They can also seek protection and shelter through the Child Welfare Committee (CWC).
🔹 Role of Society and Institutions
- Teachers, doctors, NGOs, and local officials must report any incident of child marriage.
- Awareness and education are key to eradicating this practice.
- Community involvement is essential for long-term social change.
🔹 Conclusion
Child marriage in India is illegal, harmful, and a violation of children’s rights. While laws exist to prevent it, social change requires education, empowerment, and collective action. Eliminating child marriage is essential for achieving gender equality and a better future for India’s children.
