ABSTRACT

BY URMIMALA MUKHERJEE
B.Com LL.B. (H)

CHILD MARRIAGE- EFFECTIVENESS AND ADEQUACY OF INDIAN LAWS

"I am one of those unfortunate Hindu women whose hard lot is to suffer the unnameable
miseries entailed by the custom of early marriage. This wicked practice of child marriage has
destroyed the happiness of my life. It comes between me and the things which I prize above
all
others
study
and
mental
cultivation..."
- Extract from a letter written by a woman named Rukhmabai to The Times of India on June
26, 1885.
This is not just the case of one Rukhmabai. There are hundreds of thousands of Rukhmabais
who fall victim to early marriage. I will discuss the laws related to child marriage in India. In
fact, UNICEF's State of the World's Children 2012 report says that more than 40 per cent of
the world's child marriages happen in India. There is gender discrimination inherent in child
marriage, as the practice is more prevalent among girls than among boys.
I will likely to concentrate mainly on the effectiveness and adequacy of Child Marriage
Restraint Act 2006. Child marriage can be found in traditional epic stories and is a practice
that dates back to India's ancient period. Children as young as six or eight were married in the
medieval period. People believed that understanding and affection would increase if two
people know each other from childhood, and so they were married off at younger age
although the girl would live with her parents until she reached the age of puberty . More girls
under the age of 18 are married to men often twice their age. Latest data reveals that although
there has been a decline in the prevalence of child marriage in India, seven out of every 100
women getting married are under the legal age of 18. This is happening despite a law banning
child marriage dating as far back as 1929 with subsequent amendments in 1949 and 1978 and
the passage of a comprehensive Prohibition of Child Marriage Act in 2006. In fact, the
National Family Health Survey 2005-06 revealed that 44.5 per cent of women between the
ages of 20-24 years had been married before they turned 18.
Through this article I would like to discuss the prevalence of child marriage is a worry for
obvious reasons. First, it results in girls being pulled out of school. Second, if girls get
married so young, their bodies are not ready to bear children. These underage mothers are
most at risk of dying during childbirth. Third, these girls are also at risk of having multiple
pregnancies. Most of them are poor, illiterate, and not aware of reproductive health or their
right to decide when and how many children to have.
In child marriage, not only the rights of the parties are violated but their immaturity,
helplessness and inexperience in many respects make them more vulnerable to further
exploitation. In that sense, child marriage is a clear violation of human rights. Child
Marriages are a social phenomenon which cannot be tackled by legislative initiatives alone.
Compulsory registration may not also provide the remedy for restraining the child marriages.
This would primarily require change in mind set of the society. Attempt should be made so
that people can know about their rights, focusing on the evil effects of this practice. Some
suggestion will be given in this article as there is a requirement of further amendments and
some strict clauses/provisions should be incorporated to eradicate this social evil from the
present society.