Published 14th August 2014

"Premature pregnancy and motherhood are an inevitable consequence of child-marriage. Girls under 15 are five times more likely to die during pregnancy and childbirth than women in their twenties." -State of the World's Children 2007, UNICEF defines child marriage as marriage before 18 years of age and considers this practise as a violation of human rights. The harmful consequences of child marriage are segregation from family and friends, limiting the child's interactions with the community and peers, lack of opportunities for education. Girl children often face situations of bonded labour, enslavement, commercial sexual exploitation and violence as a result of child marriage. Because of lack of protection child brides are often exposed to serious health risks, early pregnancy, and various STDs especially HIV/AIDS. There are many reasons why parents consent to child marriage such as economic necessity, male protection for their daughters, child bearing, or oppressive traditional values and norms. Globally more than one third of the women between the ages 20-24 were married before they reached the age of 18. Approximately 14 million adolescent girls between the ages 15-19 give birth each year. Girls in this age group are twice more likely to die during child birth than women in their twenties. Rate of child marriage are higher in sub-Saharan Africa and South Asia.

According to the 2001 census there are 1.5 million girls, in India, under the age of 15 already married. Of these, 20% or approximately 300,000 are mothers to at least one child.  The 2001 census also estimated the average age of marriage has risen to 18.3 for females. The male average is 22.6 years. But child marriage is still widespread across the nation. States like Rajasthan, Uttar Pradesh, Madhya Pradesh, Jharkhand, Chhattisgarh, Bihar and Andra Pradesh still have average age of marriage below the legal age of eighteen for females. Because of the early and often closely timed pregnancies before their bodies are able to handle the stress of pregnancy, adolescent mothers give birth prematurely or to low weight babies. The health of the child and mother are at risk and often they do not survive. Child marriage also makes girls more vulnerable to domestic violence, sexual abuse and inability to complete primary education. It is also found that infant mortality rates are higher than the national average in the states where child marriage is highly prevalent. 

According to NFHS-III survey 47.3% of women aged 20-24 were married by age 18. Of these, 2.6 percent were married before they turned 13, 22.6 percent were married before they were 16, and 44.5 percent were married when they were between 16 and 17. In some states the percentage is quite high: Rajasthan 65.2%, Uttar Pradesh 58.6%, Madhya Pradesh 57.3%, Jharkhand 63.2%, Chhattisgarh 55%, Bihar 69% and Andra Pradesh 54.8%.The states where prevalence is low are Himachal Pradesh 12.3%, Punjab 19.7%, and Kerala 15.4%. Child marriage in India has grave implications for population control as adolescent brides are likely to have high fertility and a number of unwanted pregnancies. States where child marriage is most prevalent is also where there is the highest population. Child marriage is low among women who have had access to higher education and secondary education. Marriages in India are often unregistered, and are socially binding if not legally, which makes it hard to survey. In 2006 the government of India update legislations regarding child marriage and passed the Prohibition of Child Marriage Act, 2006.

 

The Prohibition of Child Marriage Act, 2006:-

In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings of the Child Marriage Restraint Act. The change in name was meant to reflect the prevention and prohibition of child marriage, rather than restraining it. The previous Act also made it difficult and time consuming to act against child marriages and did not focus on authorities as possible figures for preventing the marriages. This Act kept the ages of adult males and females the same but made some significant changes to further protect the children. Boys and girls forced into child marriages as minors have the option of voiding their marriage up to two years after reaching adulthood, and in certain circumstances, marriages of minors can be null and void before they reach adulthood. All valuables, money, and gifts must be returned if the marriage is nullified, and the girl must be provided with a place of residency until she marries or becomes an adult. Children born from child marriages are considered legitimate, and the courts are expected to give parental custody with the children's best interests in mind. Any male over 18 years of age who enters into a marriage with a minor or anyone who directs or conducts a child marriage ceremony can be punished with up to two years of imprisonment or a fine.

The Act was brought into force in  Karnataka on 1.10.2007 and the State Rules were notified on 6.2.2008.  Wide publicity has been given through electronic media, news papers and satellite programmes regarding the provisions of the Act  to the general public.

Implementation of Child Marriage Prohibition Act 2006

     Child marriage is a gross violation of human rights that puts young girls at risk. A marriage where either of the contracting party is a child is considered as child marriage. Child or minor under this law is defined as 18 years in case of girls and 21 years in case of boys.

The Reasons for Child Marriages are as follows:

A girl child is generally considered to be a burden, and traditionally the attitude of the society has been to get her married as early as possible.

The justification used by parents and community is that of having to pay lower dowry when the bride and the groom are young. What they seem to forget is that giving or receiving dowry is crime under the Dowry Prohibition Act 1961.

The demand for a younger bride creates an incentive for families to marry the girl child early and avoid  high dowry payments for older girls.

Safety of the girl child from sexual violence and inability of the parents to guarantee such safety is yet another justification for child marriage. Early marriage is a way to ensure chastity and virginity of the bride.

Parents see marriage as a way to secure the girls future socially and economically.

Lack of education and awareness about the consequences of the child marriage, poor implementation of the law and lack of will and action on the part of the administration are important reasons for the continuation of child marriage.

Consequences of Child Marriage:-

     All children have right to care and protection; to develop and grow in to a complete and full individual , regardless of their social and economic situation. Child marriage is a blatant violation of all these rights. Child marriages denies children their basic rights to good health, nutrition, education and freedom from violence, abuse and exploitation. 

    When the person in the marriage are children their body and mind are put to grave and heinous danger. Most often the child is not even aware of what really awaits her/him as a  consequence. Marriage by its very institutions imposes certain social responsibility and the persons in it. It also provides the legal sanction for engaging in sexual activity and procreation. This amount to sanction for child sexual abuse and rape. 

     Child Marriage resulting in early motherhood means, placing both the young mother and her baby at risk. This leads to increase in infant mortality and maternal mortality.                                                                                            

     As child marriages are rampant in northern districts of Karnataka, many NGO’s have been fighting a war against the Child Marriages. A Writ Petition No: 11154 of 2006 was filed in the High Court of Karnataka. The main grievance of the petitioner is that the state has to implement the Child Marriage Restraint Act 1929 and take necessary steps to prevent unlawful Child Marriages. It is for the state to protect the fundamental rights guaranteed under article 14,15,19,21 and 23 of the constitution. It is also stated that mass marriage  organized on  18.05.2007 at Javalagiri village, Sindhanur Taluk, Raichur District which was participated by the Chief Minister of Karnataka and to investigate the same and also seeking  direction to the respondents  with regard to preventive measures taken to prohibit child  marriages and further direction with regard to action taken by the Government in various  Departments  to  take legal  action on the individual or organization etc., and such other relief’s.

     It is submitted that, there is no doubt that the Child Marriage Restraint Act 1929, was in existence even before and after Independence. This act stands repealed after the New Act called the Prohibition of Child Marriage Act 2006 was enacted by the Union of India.

     The New Act is significant as it indicates Zero tolerance of the Government towards any incidence of Child Marriage and shows the total commitment of the Government to prohibit and prevent this rampant social evil.

     The Government of Karnataka  also framed rules called the Prohibition of Child Marriage(Karnataka)  Rules 2008 vide Notification No: WCD 377 SWW 2004 dated: 06.02.2008.

    As per the provisions of sub section (1) of section 16 of the of 
Act 2006,  Child Marriage Prohibition officers have been appointed at State, District, Taluk and Hobli levels consisting of officers from various departments like Health, Education, Labour, Revenue etc., Four divisional level workshops were organized for the child marriage prohibition officers to orient them and also to build capacity to implement the PCM Act 2006 effectively. 293 child marriages were prevented during 2009-10, 2010-11 by these officers with the co-operation of local NGOs.

      Regarding Child Marriages reported to have taken place on 18.05.2007 at Javalagiri village, the same has been investigated by the  Deputy Director, Women Child Development, Raichur, in his report he has stated that out of 97 pairs of marriages that took place, 4 child marriages were prevented. Hence, no child marriage occurred on that date at Javalagiri Village.

     The State Government has taken necessary measures to implement to Prohibition of Child Marriage Act 2006 by creating awareness among the public and by conducting workshops and awareness camps.

     As per the directions of the High Court of Karnataka, in its order dated: 23.02.2010 the Government of Karnataka issued Government Order dated: 09.03.2010 for setting up a core committee consisting of 10 members with a view to prepare an action plan to prevent Child Marriages. The same is produced at Annexure -5.

     Meanwhile as per the directions of the High Court, the Director, Women & Child Development called two meetings on 03.03.2010 and 20.04.2010 with a view to discuss and analyze the issue of Child Marriage and finalize  an action plan ( The proceedings of the meetings are produced at Annexure – 6 and 7.

     The High Court of Karnataka while disposing of the Writ Petition no. 11154/6 on 10.11.2010 (Aneexure-8) directed the State Government to setup a Core  Committee  in  order  to  prepare  an Action  Plan to implement the Prohibition  of  Child  Marriage Act 2006 effectively. The Government nullifying  its previous order dated: 09.03.2010 issued a fresh order dated: 22.11.2010, setting up a Core Committee  under the Chairman Ship of Justice Dr. Shivaraj V. Patil, former  Supreme Court Judge (Annexure -9) with the following objectives.

To create awareness on the consequences of Child marriage on overall development of girl child.

To analyse the existing constitutional and legal measures against child marriage.

To analyze the situation and provide suggestive strategies to prevent child marriage.

To expose the extent to which the practice is in vogue.

To suggest ways and means to eradicate the practice from  society and also prevent it to the extent possible.

Persons who can punished under the law include :

Who ever performs, conducts, or directs or abets any child marriage.

A male adult above 18 years marrying a child.

Any person having charge of the child including parent or guardian or any member of organization or association, promoting, permitting, participating in a child marriage or failing to preventing.

Punishment:

Two years of rigorous imprisonment  or Rs. 1.00 lakh fine or both

Under this Act all offences are enquirable and non bailable.

Following officers are child marriage prohibition Officers:

Deputy Commissioner, Deputy Director & Programme Officer of  Women & Child Develop.t Dept, Child Development Project Officer, Tahsildar,  labour Officer, Block Education Officer, Revenue Inspector, Village Accountant.

Whom to contact:

Contact the nearest child marriage prohibition Officer and register a case in nearest police Station.