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Picture Courtesy: https://www.thehindu.com/news/national/outlaw-child-betrothals-too-sc-urges-parliament/article68769777.ece
The Supreme Court emphasized that child betrothals violate the basic rights of children; the right to choose and enjoy their childhood.
It is a traditional practice in many parts of India, where children are promised to marry someone in the future
Families arranged these future marriage engagements to create social connections and improve their status in the community. The actual marriage would happen when the children would achieve a specific age, but the engagement itself was considered a serious commitment.
Prohibition of Child Marriage Act (PCMA) 2006 defines child marriage as any marriage where the bride is under 18 or the groom is under 21. This law makes child marriage illegal and allows for the dissolution of such marriages.
Juvenile Justice (Care and Protection of Children) Act 2015 protect children, including those affected by child marriage, it recognizes these children as requiring care and protection.
Recently, the Supreme Court has urged lawmakers to ban child betrothals. They argue that these practices violate children’s rights to choose freely and enjoy their childhood.
Child betrothals take away children’s rights to make their own choices about life and partners, this leads to early marriages, which harm their health, education, and overall happiness.
Girls are mainly affected, as they are usually married at a young age. This can result in early pregnancies, health issues, and a lack of educational opportunities.
Even with laws in place, child betrothals and marriages still happen in many parts of India, especially in rural areas where economic struggles and cultural beliefs support the practice.
Enforcing laws against child marriage is tough due to various factors, like lack of awareness about the laws, social acceptance of child marriage, and poor implementation of legal protections.
UNESCO 2023 ReportNearly one in four young women (23%) in India were married before their 18th birthday. India is home to over 216 million child brides, accounting for one-third of the world’s total. Over half of the females in India who married in childhood live in five states: Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh. Uttar Pradesh has the largest number. The prevalence of child marriage varies significantly across states. For example, over 40% of young women were married before turning 18 in states like West Bengal, Bihar, and Tripura, compared to just 1% in Lakshadweep. Girls from rural areas and poorer households are at a higher risk of child marriage. Education plays a crucial role; girls with little or no education are more likely to be married off early. |
The Supreme Court criticized the existing anti-child marriage law, the Prohibition of Child Marriage Act (PCMA), for being unclear about child betrothals. They urged Parliament to specifically prohibit these practices and categorize children whose marriages are arranged as “minors in need of care and protection” under the Juvenile Justice Act.
The court noted that even though issues related to child betrothals have been acknowledged since the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in 1977, India has not taken significant steps to address them.
The court highlighted that while girls face the brunt of child marriage, boys also suffer. The judgment underlined how societal expectations and peer pressure lead boys to engage in violence against their child brides, the Chief Justice noted that both boys and girls have the right to experience childhood free from these burdens.
The court argued that child marriage endangers minors, especially girls, by exposing them to sexual abuse, this directly opposes the aims of the Protection of Children from Sexual Offences Act (POCSO), which seeks to protect children from sexual exploitation.
The judgment stressed that child marriages deprive children of their rights, and force them into adult roles and responsibilities, girls are expected to bear children and serve societal norms, while boys face pressure to claim dominance.
The court called for age-appropriate and culturally sensitive sexual education in schools to help children understand their rights and bodies.
The court proposed a ‘Child Marriage Free Village’ campaign, like the ‘Open Defecation Free Village’ initiative, to raise awareness and mobilize local leaders against child marriages.
The court recommended that the Home Ministry should set up a portal for online reporting of child marriages to ensure better enforcement of laws.
The Ministry of Women and Child Development must establish a compensation scheme for girls who choose to leave child marriages and provide them with necessary support.
The court suggested allocating an annual budget to prevent child marriages and assist affected individuals.
The government and non-governmental organizations (NGOs) should work together and raise awareness about the significance of education and the threats of child marriage.
Governments need to design programs and ensure effective implementation to empower girls and promote gender equality by providing girls with more opportunities and education.
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Protection of Children from Sexual Offences (POCSO) Act
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PRACTICE QUESTION Q.What are the primary socio-economic factors that contribute to the persistence of child marriage in India, despite legal prohibitions? (150 words) |
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