Historical Analysis Of Child Marriage In India

Child marriage was common in ancient India. Child marriages were mostly done by the impoverished in India, while some wealthier people also engaged in this practice. The practice of child marriage was brought to India by the Delhi Sultans during the Middle Ages. Due to the severe problem of Muslim insurgents roaming the streets of India, the system was changed to allow for child marriage, which involves marrying of girls before they are old enough to become wives. It also shielded and kept a girl from losing her virginity before being married. Girls continued to live with their biological parents after marriage, even though they were married before they started menstruating. As soon as the girls' menstrual cycle started, the ladies were sent to their husbands' houses.

The fourth sin of the monthly abortion that takes place in his daughter's body was thought to be the responsibility of a parent who allows his unmarried daughter to dwell in his house and who has started menstruation. The practice of child marriage may start when the mother is pregnant. Another set of parents may be promised by the parents that the unborn kid will marry their children. Young girls marry older guys or men most of the time.

Nonetheless, the political system changed and progressively altered Indian civilization as states and administrations developed beginning in the Middle Ages. By altering the people's lifestyles and viewpoints from simple to complicated, it severely limited the idea of liberty. Women were compelled to abide by the law and conform to societal standards, and their rights were taken away. The honour of the clan and the regulations of their family now governed them.

Because parents thought young ladies were reckless and foolish in their love, they married their daughters off at an early age to avoid scandal. In antiquity, it was rare for females under the age of 12 to get married, notwithstanding variations in the ideal age for marriage.

But as the Middle Ages drew near, females were marrying at an increasingly early age in Indian society, girls as young as six or eight were increasingly getting married. The primary objective of the marriage discussions was to determine whether the two families could coexist.

Study Of Causes And The Consequences Of Child Marriage

Cause of child marriage
Child marriage has many causes:
Cultural, social, economic and religious. In many cases, a combination of these causes results in children being imprisoned in marriages without their consent.

1. Poverty: In order to pay off debt or to break free from the cycle of poverty, impoverished families sell their children. However, because it guarantees that young girls who marry will not acquire a suitable education or be able to enter the workforce, child marriage contributes to poverty.
    
2. "Protecting" girl instincts: In many cultures, marrying a young girl ensures that the girl will marry a virgin but also presumes that the girl's gender and, hence, the honor of her family, would be "safeguarded." A girl is effectively deprived of her honor and dignity when family honor is imposed on her personality. This weakens the legitimacy of family honor and instead brings attention to the girl's actual purpose of the purported defense to keep the girl under control.
    
3. Sex discrimination: Cultures that hate and discriminate against women and girls are the root cause of child marriage. A UNICEF study on "Children Marriage and the Law" states that "discrimination" frequently takes the form of marital rape, domestic abuse, hunger, and lack of access to information, education, healthcare, and movement.
    
4. Incomplete legislation: Child marriage is illegal in several nations, including Pakistan. The law isn't upheld. A new legislation that permits Shia, or Hazard, communities to enforce their own brand of family law—including permitting underage marriage—has been added to Afghanistan's national code.
    
5. Traffic: Because it allows for the exchange of significant quantities of money, impoverished families desire to sell their girls not just for marriage but also for sex.

Consequences Of Child Marriage

Indian women between the ages of 20 and 24 reported child marriage in 44.5% of cases; 22.6% reported getting married before the age of 16, and 2.6% reported getting married before the age of 13. Kid marriage is substantially linked to high fertility rates, history of many quick births, unplanned pregnancies, pregnancy termination, and women's greater chance of not utilizing contraception prior to their first child. term and maternity leave in contrast to married women who are at least eighteen years old.

Even after adjusting for marriage length, there were still substantial correlations between early marriage and several unwanted pregnancies, quick rebirth, pregnancy termination, and sterilization. Lack of educational possibilities, restricted social engagement with peers and the community, and separation from family are all negative effects of child marriage. Child marriage Due to underage marriage, girls frequently experience violence, forced labor, slavery, and commercial sexual exploitation. Child brides frequently suffer major health hazards, early pregnancy, and a variety of sexually transmitted illnesses, including HIV/AIDS, as a result of their lack of protection.

Policies Targeting Child Marriage In India

In order to adequately address the problem of child marriage in this society, the Child Marriage Prohibition Act was created in 2006 as a result of the large number of child weddings and the dissatisfaction with the Child Marriage Restriction Act of 1929. The following are the primary clauses of the Child Marriage Prohibition Act, 2006. The Child Marriage Restriction Act of 1929 states that the legal marriage age in India is twenty-one for males and eighteen for women.

Under Section 16, each state appoints full-time "Prohibition of Child Marriage Officers" who are tasked with monitoring child marriage cases. These officials have the authority to stop child marriage, record infractions, bring charges against potential offenders, including the child's parents, and even take kids out of risky situations and maybe harmful.

Child marriage is only regarded as null and invalid rather than criminal. The act itself lays forth the criteria for declaring anything null and void. This gives the married kid the freedom to declare their marriage invalid at any point up to two years after they become adults.

The only circumstances in which child marriage can be revoked before the child becomes 18 are when the child is kidnapped, trafficked, or coerced into a marriage by deceit, compulsion, or pressure, or where the child is misrepresented.

Additionally, the legislation makes it illegal to plan, carry out or take part in child weddings. Any male above the age of eighteen who gets into a child marriage faces up to two years in prison, a fine of up to ten thousand rupees, or both under section 9. Unless they can show that they had good cause to think the marriage was not a marriage, anybody who conducts, orders, or supports child marriage is subject to severe penalties under section 10.

According to section 11, any parent or guardian who willfully encourages a kid's marriage or carelessly does not stop it might face jail time and/or a fine if the youngster marries on their own. A refutable presumption that the child's parent or guardian was negligent in failing to stop the marriage is discussed in section 11(2) of the same provision.

Position Of Child Marriage Act Vis-à-vis Personal Laws:

1. Hindu Marriage Act 1955: Even though Section 5(3) of the Hindu Marriage Act 1955 (HMA) lays out the requirements for a legal marriage, a man must be at least 21 years old and a woman must be at least 18 years old in order to meet the requirements of the marriage. Nevertheless, a marriage that violates the aforementioned requirement is not invalid, and Section 18(a) of the HMA stipulates that a simple imprisonment of up to 15 days, a fine of up to Rs 1,000, or both may be imposed. The discrepancy is highlighted in the parliamentary standing committee report: the same offense was punished with two distinct sentences under two separate statutes. The HMA's section 18(a) was subsequently changed to include the following: "Under the Child Marriage Act 2006, the punishment is increased to two years hard labor or a fine of up to Rs 1,000, or both."
    
2. Muslim Law: According to Islamic marriage law, a person must reach puberty before becoming married. A Muslim woman may, however, dissolve a marriage if it was celebrated before the age of 15, provided that she renounces it before turning 18, provided that the marriage is not consummated, according to Section 2(7) of the Islamic Marriage Dissolution Act.
    
3. Christian Law: A guardian's approval is required for a minor to marry under both Muslim and Christian marriage laws. A minor is defined as a person under the age of 21 under Section 3 of the Christian Marriage Act of 1872. Article 19 of the legislation states that a juvenile must get permission from his parent or guardian before being married. As a result, marriages between minors are not deemed void under the law.
    
4. Special Marriage Law: However, Section 4(c) of the Special Marriage Act of 1954, which stipulates that a male must be at least 21 years old and a woman must be at least 18, is the sole statute that declares child marriage to be illegal.

Position Of Child Marriage Vis-À-Vis IPC

Indian criminal law aims to provide some protection for women. However, it is clear from reading the provisions that there is little opposition to child marriage. Unless the victim of the rape is his own wife and at least twelve years old, in which case he risks a maximum two-year jail term, a fine, or both, anybody found guilty of rape faces a penalty of imprisonment, which can vary from life in prison to a maximum of ten years. Together, Sections 375 and 376 demonstrate that the IPC has established different ages for rapes of children and rapes of married and unmarried women.

It may be assumed that the offense of child rape is covered by the conditions outlined in IPC section 375 and 376. "The reading of section 375 clearly illustrates that having sex with a girl under the age of 16 'with or without her consent' is child rape," where a child is defined as an individual under the age of 18. However, the IPC has not provided a clear definition of the exemption to the rape clause that states that having intercourse with a woman who is older than 15 does not amount to rape. Furthermore, raping the spouse of a minor between the ages of 12 and 15 is punished by imprisonment, a fine, or both under section 376.

Raping a kid under the age of twelve has a minimum penalty of 10 years in jail and a maximum term of 2 years. While our Indian penal code does not explicitly acknowledge rape in marriage, it does tacitly permit child marriage. This is true even though India has ratified a number of international agreements and treaties.

Punishment For Child Marriage

Over the years, the plague of child marriage has had an absurdly significant impact on how society and its members think. When a child marries before reaching a particular age, it affects not only their education and health but also their values and childhood. The Law on Prohibition of Child Marriage Act 2006, provisions govern the punishment for the offense of child marriage.

An adult male above the age of 18 who enters into a child marriage faces a maximum fine of Rs 1,000,000 and/or a two-year jail sentence. Those who plan, organize, or oversee an early marriage will face the same punishment. The child's parents or guardians are also held accountable as they are presumed to have failed to stop the child's early marriage, unless proven otherwise.

In some situations, child marriage is deemed void even in the absence of a petition by one of the parties. A kid is trafficked or exploited for immoral reasons if they are taken from their parents or guardians, forced to relocate, sold for marriage, or coerced into marriage. sold, the marriage is regarded as irrevocable. The court has the authority to prevent a suspected kid from marrying anyone, including members of organizations or associations of people, upon the application of an official or any individual. The court may also take independent action to stop a suspected child marriage, but it must allow the person or group time to react to the "injunction." It is illegal to disregard a notification or restraining order. The marriage will be automatically dissolved if it is still celebrated after the prohibition.

The legislation mandates the establishment of a Child Marriage Prohibition Officer, whose duties include obtaining evidence against individuals, seeking for a court injunction, and educating the public about the detrimental impacts of child marriage. gathering information on child marriage, marriage, etc. According to this law, an officer is one who forbids child marriage.

The governments of each state will determine the regulations governing this statute. The law requires the Child Marriage Restriction Act to be repealed and the Hindu Marriage Act of 1955 to be changed to comply with its terms.

Suggestion & Conclusion
Eliminating child marriage is a clear place to start.

The study's findings recommend the following approaches to deal with this problem:

• Question the customs pertaining to child marriage. Inform teenagers, parents, and community members about the harmful effects of child marriage.
• Establish a network of instructors and (religious) leaders who can encourage girls to bargain with their parents.
• Create training on the risks of child marriage for community and health workers, using them as change agents and champions in their organizations and communities.
• To eliminate child marriage, strengthen and create community networks and partnerships with women's and youth organizations, teachers, elders, local government representatives, girls' clubs, and religious and community leaders.
• Provide training in anti-early marriage legislation enforcement to strengthen the role of the judiciary, particularly the police, judges, and enforcers.
• Create robust support networks to ensure that females continue their education. When necessary, offer scholarships, and motivate educators to help female pupils.
• Bringing accomplished individuals into the neighborhood to inspire and serve as role models for females.
• In conclusion, every attempt should be made to alter the sexist views of parents and society by offering sufficient knowledge on the one hand, while also taking into account the reasons that encourage child marriage, such as the decrease of poverty.

Written By: Mohd Faiz Ahmed, Final year Law student (5th year) B.A.LL.B - Dept. of Law, School of Legal Studies, Central University of Kashmir