Child marriage is a persistent issue in India despite several legal provisions such as The Hindu Marriage Act 1955, the Special Marriage act 1954, the Prohibition of Child Marriage Act 2006, and India’s ratification of the Convention on the Elimination of All Forms of Discrimination Against Women in 1993. These laws set legal age limits for marriage, with Hindus mandated to marry at 18 years for women and 21 years for men, and Islamist law considering the marriage of a minor who has attained puberty as valid.
Child marriages are not only legally voidable if either party so desires but can be declared void under certain conditions such as obtaining consent through deceit or using the child for trafficking or other immoral purposes. Besides, if the husband is a major, he is liable to pay maintenance to the girl child. If the husband is also a minor, his parents would be liable to pay maintenance.
Aliva: A Unique Initiative to Combat Child Marriage
Recently, an innovative initiative named Aliva was launched in Nayagarh, a district in Odisha, to eradicate child marriage by 2030. Launched in January 2022, the programme tasks Anganwadi workers with identifying adolescent girls in their jurisdiction and recording details like birth registration date, Aadhaar, family details, skill training, etc., in designated Aliva registers. The age verification process involves approval by local school heads, fathers, supervisors, and Child Marriage Prohibition Officers (CMPO). The Aliva registers, which record information on adolescent girls over ten years, have proven instrumental in enforcing child marriage laws and tracking the health of girls, particularly those suffering from anaemia.
Current Status of Child Marriage in India
Despite efforts to curb it, child marriage still plagues India, with UNICEF data suggesting that India is home to a third of the world’s child brides, equivalent to at least 1.5 million underage girls getting married in India every year. The National Family Health Survey (NFHS) indicates a decline in underage marriages among women from 26.8% (NFHS-4) to 23.3% (NFHS-5) and men from 20.3% (NFHS-4) to 17.7% (NFHS-5). However, West Bengal and Bihar report the highest prevalence, with about 41% of such marriages, while J&K, Lakshadweep, Ladakh, Himachal Pradesh, Goa, Nagaland, Kerala, Puducherry, and Tamil Nadu report the lowest rates.
Government Laws and Initiatives to Prevent Child Marriage
India’s laws prohibit child marriages and prescribe imprisonment or hefty fines for violators. The Prohibition of Child Marriage Act, 2006 replaced the Child Marriage Restraint Act, 1929 and has provisions for the appointment of CPMOs whose responsibilities include preventing child marriages and raising awareness about their implications.
India is also making efforts to reduce gender disparity as part of its commitment to the Convention on the Elimination of All Forms of Discrimination Against Women, ratified in 1993. Article 16 of this Convention strictly forbids child marriage and mandates governments to identify and enforce the minimum marriage age for women. Since 1998, India has been drafting national legislation on human rights protections in line with international instruments like the Universal Declaration of Human Rights, 1948.
Rakhmabai Case: A Landmark Precedent in India’s Fight Against Child Marriage
The Rakhmabai case of 1884 significantly shaped India’s fight against child marriage. Rakhmabai, one of the first practicing women doctors in British India, refused to live with the man she was married to as a child, leading to a legal battle. After Queen Victoria overruled the court’s verdict and dissolved the marriage, the case incited the enactment of the Age of Consent Act, 1891, which made child marriages illegal across the British Empire.
