Child marriage is a marriage where either the bride or the groom is under the legal age of marriage. It is considered a human rights violation that deprives children, especially girls, of education, health, and personal growth.
🔸 Legal Age for Marriage in India:
- For girls: 18 years
- For boys: 21 years
Any marriage where either party is below the legal age is considered a child marriage and is punishable under Indian law.
🔹 Laws Prohibiting Child Marriage in India
✅ 1. The Prohibition of Child Marriage Act (PCMA), 2006
This Act replaces earlier laws and defines:
- Child: A girl below 18 years, or a boy below 21 years
- Child marriage: A marriage in which either or both spouses are children
Key Features:
- Punishment for male adult (18+) marrying a child: Imprisonment up to 2 years and/or ₹1,00,000 fine
- Punishment for promoting or performing child marriage (parents, priests, etc.): Same penalties
- Child marriage is voidable at the option of the minor
- A child married underage has the right to reside in a safe shelter and claim maintenance
- Custody of children from child marriages is decided in their best interest by the courts
✅ 2. Protection of Children from Sexual Offences (POCSO) Act, 2012
Any sexual act with a minor (under 18), even if married, is treated as statutory rape, punishable under the POCSO Act.
✅ 3. Indian Penal Code (IPC) Section 375 & 376
Sexual intercourse with a girl under 18, even if she is married, can be punished under IPC provisions related to rape, due to the Supreme Court ruling in 2017.
🔹 Consequences of Child Marriage
- Health Risks – Early pregnancies, maternal mortality, poor nutrition
- Educational Disruption – Girls often drop out of school
- Violence & Abuse – Higher risk of domestic abuse, marital rape
- Loss of Childhood – Girls lose autonomy, voice, and freedom
- Poverty Cycle – Increases economic dependency and social inequality
🔹 Role of Government and NGOs
- Beti Bachao Beti Padhao Yojana – Encourages education and protection of the girl child
- Balika Samriddhi Yojana – Provides financial assistance for girl children
- Childline 1098 – National helpline to report child marriage or abuse
- Local NGOs often conduct awareness programs and rescue operations
🔹 How to Report Child Marriages
- Call Childline 1098
- File a complaint with the local police
- Approach the Child Welfare Committee
- Inform the District Child Marriage Prohibition Officer
🔹 Supreme Court and Judicial Stand
The Supreme Court of India has held that:
- Child marriage is not legally valid
- Sex with minor wives is non-consensual and punishable
- States must ensure enforcement of PCMA
🔹 Conclusion
Child marriage is a serious violation of children’s rights, and although it is illegal, it still persists in parts of India due to social customs and poverty. Strong legal action, education, awareness, and support systems are critical to ending this harmful practice.
