CHILD MARRIAGE: LEGAL VIEW AND ITS

REALITY
A Final Draft made by:

Sachin Kumar

Roll No: 2145

Course: B.A.LL.B. (Hons.)

Semester: 3rd

Submitted to:

MS. NIDHI KUMARI

FACULTY OF FAMILY LAW -I

Chanakya National Law University

A research proposal submitted in partial fulfilment of the course

FAMILY LAW -I

for attaining the degree B.A.LL.B. (Hons.)

SEPTEMBER, 2020

CHANAKYA NATIONAL LAW UNIVERSITY

Nyaya Nagar, Mithapur, Patna (Bihar)-800001

 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A. LL. B (Hons.) Project Report entitled
“CHILD MARRIAGE: LEGAL VIEW AND ITS REALITY”

” submitted at Chanakya National Law University is an authentic record of my work carried

out under the supervision of Ms. Nidhi Kumari.

I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

SIGNATURE OF CANDIDATE

NAME OF CANDIDATE: SACHIN KUMAR

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

 ACKNOWLEDGEMENT

I would like to thank my faculty of Ms. Nidhi Kumari whose guidance helped me a lot with
structuring my project.

I owe the present accomplishment of my project to my friends, who helped me immensely

with materials throughout the project and without whom I couldn’t have completed it in the
present way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped
me out at every stage of my project.

THANK YOU,

NAME: SACHIN KUMAR

COURSE: B.A. LL.B. (Hons.)

ROLL NO: 2145

SEMESTER – 3rd
OBJECTIVE
1. To know about the causes of Child Marriage.

2. To know about the laws against Child Marriage in India.

3. To know about the consequences of Child Marriage.

HYPOTHESIS
Child Marriage is a way of protecting young girls from premarital sex and rape. Girls are
married early to alleviate the family’s poverty and secure the family’s honour. Child
marriages have been prohibited to a greater extent by laws against child marriages.

RESEARCH METHODOLOGY RESEARCH METHODOLOGY

Primary Sources: Acts and Statutes Secondary Sources: Books, Journals, Websites

7I
Contents

1. INTRODUCTION..........................................................................................................................................

2. ORIGIN AND CAUSES OF CHILD MARRIAGE................................................................................................

3. LAWS AGAINST CHILD MARRIAGE IN INDIA................................................................................................

4. CONSEQUENCES OF CHILD MARRIAGE.......................................................................................................

5. CASE STUDY...............................................................................................................................................

6. CONCLUSION.............................................................................................................................................

7.BIBLIOGRAPHY............................................................................................................................................
 1. INTRODUCTION

Child marriage is a human rights abuse. It constitutes a grave threat to young girls’ lives,
health and future prospects. Marriage for girls can lead to complications related to pregnancy
and childbirth, and in developing countries these are the main causes of death among 15–
19year-old girls.

The Convention on the Rights of the Child (CRC) and the Convention on the Elimination of
all Forms of Discrimination against Women (CEDAW), both human rights instruments,
outlaw child marriage. The International Conference on Population and Development in 1994
(ICPD) called on countries to eliminate child marriage and to enforce laws that ensure free
and full consent.

Child marriage was outlawed in 1929, under Indian law. In the British colonial times, the
legal minimum age of marriage was set at 15 for girls and 18 for boys. Under protests from
Muslim organizations in the undivided British India, a personal law, Shariat Act was passed
in 1937 that allowed child marriages with consent from girl's guardian1. Section 2 of the 1937
Act stated: ...any other provision of Personal Law, marriage, dissolution of marriage,
including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts,
trusts and trust properties, and wakfs (other than charities and charitable institutions and
charitable and religious endowments) the rule of decision in cases where the parties are
Muslims shall be the Muslim Personal Law (Shariats) —Muslim Personal Law (Shariat)
Application Act of 19372  

The applicability and permissibility of child marriage among Muslims under the 1937 Act,
under India's Constitution adopted in 1950, remains a controversial subject, with a series of

Supreme Court cases and rulings. After independence and adoption of Indian constitution in
1950, the child marriage act has undergone several revisions. The minimum legal age for
marriage, since 1978, has been 18 for women and 21 for men3. The child marriage prevention
laws have been challenged in Indian courts, with some Muslim Indian organizations seeking
no minimum age and that the age matter is left to their personal law4. Child marriage is an

1
Hilary Amster, Child marriage in India University of San Francisco (2009)

2
Ibid.

3
Ibid.
4
M.G. Radhakrishnan and J. Binduraj, In a league of their own India Today (July 5, 2013)
active political subject as well as a subject of continuing cases under review in the highest
courts of India5.

Several states of India have introduced incentives to delay marriages. For example, the state
of Haryana introduced the so-called Apni Beti, Apna Dhan program in 1994, which translates
to "My daughter, My wealth". It is a conditional cash transfer programme dedicated to
delaying young marriages by providing a government paid bond in her name, payable to her
parents, in the amount of ₹25000 (US$380), after her 18th birthday if she is not married6.

The definition of child marriage was last updated by India with its The Prohibition of Child
Marriage Act, 2006, which applies only (a) to Hindus, Christians, Jains, Buddhists and those
who are non-Muslims of India, and (b) outside the state of Jammu and Kashmir. For Muslims
of India, child marriage definition and regulations based on Sharia and Nikah been claimed as
a personal law subject. For all others, The Prohibition of Child Marriage Act of 2006 defines
"child marriage" means a marriage, or a marriage about to be solemnized, to which either of
the contracting parties is a child; and child for purposes of marriage is defined based on
gender of the person - if a male, it is 21 years of age, and if a female, 18 years of age7.

UNICEF defines child marriage as a formal marriage or informal union before 18 years of
age8.UN Women has proposed that child marriage be defined as a forced marriage because
they believe children under age 18 are incapable of giving a legally valid consent9.

2.ORIGIN AND CAUSES OF CHILD MARRIAGE

5
Ibid
6
International Center for Research on Women, "Child Marriage Facts and
Figures"http://www.icrw.org/media/news/motivation-prevent-child-marriage
7
The Prohibition of Child Marriage Act of 2006. The Gazette of India, Ministry of Law and
Justice, Government of India (January 11, 2007)

8
UNICEF, "Child protection from violence, exploitation and abuse"
http://www.unicef.org/protection/57929_58008.html

9
UN Women, Definition of forced and child marriage
The origin of child marriages is a controversial subject. A New York Times report and other
scholars claim the origin of child marriages in India to be Muslim invasions that began more
than 1,000 years ago. The invaders raped unmarried Hindu girls or carried them off as booty,
prompting Hindu communities to marry off their daughters early to protect them10.Others
suggest child marriages were common everywhere in the world before the 19th century11
.Parents of a child entering into a child marriage are often poor and use the marriage as a way
to make her future better, especially in areas with little economic opportunities12.

Dowry is a practice in India where the bride's family transfers wealth to the groom; in many
cases, it is a demand and condition of marriage from the groom's family. Dowry is found
among all religious faiths in India, and the amount of dowry demanded and given by the
bride's family has been correlated to the age of girl. Nagi13, in 1993, suggested that the
practice of dowry creates a fear and pressure to avoid late marriages, and encourages early
marriage. Poverty in India has been cited as a cause of early marriages. Child marriages of
girls is a way out of desperate economic conditions, and way to reduce the expenses of a poor
family14.

Political turmoil

At the time of the Delhi Sultanate political atmosphere was turbulent and ruled by Delhi
Sultans in an absolute monarchy government. The sultans had an extreme commitment to
their religion and forced many to convert, causing socio-cultural unrest, and Hindu women
suffered the most. They invented the ill omen of giving birth to a female baby and believed
that young unmarried girls caused disaster. Child marriage became a widespread cultural
practice with various reasons to justify it, and many marriages were performed while the girl
was still an infant15.
Though Illegal, Child Marriage Is Popular in Part of India, The New York Times (May 11,
10

1998)

11
Abgeliki Laiou (1993), Coercion to sex and marriage in ancient and medieval societies,
Washington, DC, pages 85-190
12
Sanyukta, M.; M. Greene and A. Malhotra (2003), Too Young to Wed: The Lives, Rights,
and Health of Young Married Girls, ICRW, Washington D.C

13
B Nagi, Child Marriage in India: A Study of Its Differential Patterns in Rajasthan, ISBN
978-8170994602
14
Targeting Girls in the Name of Tradition: Child Marriage Melanne Verveer, Ambassadorat-
Large for Global Women's Issues, US Department of State, (July 15, 2010)

Birodkar, Sudheer, "Hindu Social

15

Customs"http://www.hindunet.org/hindu_history/sudheer_history/practices1.html
Military alliances

Indian feudalistic society became present, where characteristics such as honor, rivalry, and
animosity were important qualities to possess, and because of this, families and kingdoms
created strong military alliances to preserve or destroy power between them. To ensure the
alliance was upheld by both sides, each family exchanged a young member of their
household who was reared and educated at the other family's estate. The children were the
assurance that the alliance between the families was honoured, but in case it wasn't enough,
the families made a marriage arrangement to deepen the alliance even further.

They believed, the marriage wouldn't work if they waited for the young children to grow up
because they could possibly pick someone outside of the alliance. If they performed the
marriage while the children were still young and susceptible to their parents' influence, the
children would have no choice but to marry who their parents choose to strengthen the
alliance16.

Social reasons

Child marriage tradition in India has social reasons too. Indians performed child marriages to
get their girls protected against rapes and abductions by foreign rulers. The other reason was
to strengthen family relations and bonds, and to satisfy the elder people who wanted to see
their grand-children marriages before their death. However. in child marriage system, the
parents used to send their girls to their husband’s house only after attaining puberty. In some
economically poor families, the parents used to perform marriages to their under aged girls
even with much elderly men. In some village children are forced to marry as their parents
create pressure on them, because if young girls are not married, the whole family is
abandoned from the village.

3.LAWS AGAINST CHILD MARRIAGE IN INDIA

Child marriage is a violation of Article 16(2) of the Universal Declaration of Human Rights,
which states that “Marriage shall be entered into only with the free and full consent of the
intending spouses.” Article 16 of the Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW) states that women should have the same right as

16
Ibid.
men to “freely choose a spouse and to enter into marriage only with their free and full
consent”, and that the “betrothal and marriage of a child shall have no legal effect”

The Child Marriage Restraint Act of 1929.The Child Marriage Restraint Act, also called the
Sarda Act17, was a law to restrict the practice of child marriage. It was enacted on 1 April
1930, extended across the whole nation, with the exceptions of the states of Jammu and
Kashmir, and applied to every Indian citizen. Its goal was to eliminate the dangers placed on
young girls who could not handle the stress of married life and avoid early deaths. This Act
defined a male child as 21 years or younger, a female child as 18 years or younger, and a
minor as a child of either sex 18 years or younger. The punishment for a male between 18
and 21 years marrying a child became imprisonment of up to 15 days, a fine of 1,000 rupees,
or both. The punishment for a male above 21 years of age became imprisonment of up to
three months and a possible fine. The punishment for anyone who performed or directed a
child marriage ceremony became imprisonment of up to three months and a possible fine,
unless he could prove the marriages. he performed was not a child marriage. The punishment
for a parent or guardian of a child taking place in the marriage became imprisonment of up to
three months or a possible fine18. It was amended in 1940 and 1978 to continue raising the
ages of male and female children19. The Prohibition of Child Marriage Act, 2006 The object
of the Act is to prohibit solemnization of child marriage and connected and incidental
matters. To ensure that child marriage is eradicated from within the society, the Government
of India enacted Prevention of Child marriage Act 2006 by replacing the earlier legislation of
Child Marriage Restraint Act 1929. This new Act is armed with enabling provisions to
prohibit for child marriage, protect and provide relief to victim and enhance punishment for
those who abet, promote or solemnize such marriage. This Act also calls appointment of
Child Marriage Prohibition Officer for implementing this Act.

It came into effect on 1 November 2007 to address and fix the shortcomings of the Child
Marriage Restraint Act20.This Act consists of 21 sections. It extends all over India except
Jammu and Kashmir and renoncants of the Union territory of Pondichery.21 The change in
name was meant to reflect the prevention and prohibition of child marriage, rather than

17
Goswami, Ruchira, 2010, "Child Marriage in India: Mapping the Trajectory of Legal
Reforms" http://sanhati.com/excerpted/2207
18
1Government of India: Ministry of Women and Child Development, "The Child Marriage
Restraint Act" http://wcd.nic.in/cmr1929.htm

19
Supra, N.7.

20
Government of India: Ministry of Women and Child Development, "The Prohibition of
Child Marriage Act, 2006," UNICEF
21
Section 1, prohibition of child marriage act,2006.
restraining it22.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.23This 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.24

Provision for maintenance and residence of female

The District Court while granting annulment of the child marriage, make an interim or final
order directing the male contracting party, to pay maintenance to the female contracting
party. If the male contracting party is minor, then the court shall direct the parents/guardian to
the minor, to pay maintenance to the female contracting party.25The female contracting party
is entitled to get maintenance up to her remarriage. The amount of maintenance may be paid
monthly or in lump sum. The quantum of maintenance shall be determined considering the
needs of the child, life style enjoyed by her and means of income of the paying party. The
District court may also issue suitable order as to the residence of female contracting party.

District court shall make appropriate order for the custody of the children of such child
marriage and while making such order of custody, the court issue order taking in to account
of the welfare and best interest of the child of such marriage. The court shall also make
appropriate orders of maintenance and issue visitation orders also.26Child begotten or
conceived of such child marriage shall be deemed to be legitimate children not withstanding
such marriage is annulled by the court. Court has power to add modify or revoke any order
made under S. 3, 4 and 5, i.e., with respect to maintenance, residence, when there is change in
circumstances.

For getting maintenance and residence of female contracting party or child born in such
marriage and for custody of children, application can be moved before the district court
having jurisdiction where

1. The defendant / child resides,

22
Supra, N.7.
23
Supra, N.7.
24
Supra, N.7.
25
Sec 4(1), Prohibition of child marriage act
26
Sec 5, Prohibition of child marriage act
2. where marriage was solemnized or

3. where the parties last resided or

4. where the petitioner is residing on the date of presentation of petition.27

Offences and punishment under this Act

1. Punishment for male adult: If an adult male who is above 18 years of age contracts child
marriage, he shall be punishable with rigorous imprisonment for 2 years or with fine which
may extend to one lakh rupees or both.28

2. Punishment for solemnizing marriage: If a person performs, conducts, directs or abets any
child marriage, he shall be punishable with rigorous imprisonment for 2 years or with fine
which may extend to one lakh rupees or both.29

3. Punishment for promoting / permitting solemnization of marriage: Any person having

charge of the child whether parent or guardian or any other person including member of
organization or association of persons who does any act to promote the passing or permit
child marriage or negligently fails to prevent it from being solemnized, including attending or
participating such marriage, shall be punishable with rigorous imprisonment for 2 years or
with fine which may extend to one lakh rupees or both.30

Offence under this Act is cognizable and non bailable.[17]

Marriage will be null and void in the following circumstances31

1. Where minor child is taken or enticed out of the keeping legal guardian

2. By force compelled or by any deceitful means induced to go from any place

3. Is sold for purpose of marriage and go through a form of marriage or if the minor is
married after which the minor is sold off or trafficked or used for immoral purpose

Injunction

The Judicial First class magistrate / Metropolitan Magistrate has power to issue injunction
prohibiting child marriage. Which can be done by an application from the child marriage
prohibition officer or receipt of any complaint or even suo motu and if the court is satisfied
27
Sec 8, Prohibition of child marriage act
28
Sec 9, Prohibition of child marriage act
29
Sec 10 Prohibition of child marriage act

30
Sec 11 Prohibition of child marriage act

31
Sec 15 Prohibition of child marriage act
that a child marriage in contravention to the Act is arranged or about to be solemnized, court
shall issue injunction against any person including a member of organization prohibiting such
marriage. Usually injunction is issued against any person after giving him notice and an
opportunity to show cause, however, in case of urgency, the court has power to issue interim
injunction without giving any notice.32 A person disobeying the injunction shall be punishable
with imprisonment for a term which may extend 2 years and fine which may extend to 1 lakh
rupees or with both. No women shall be punishable with imprisonment under this section.
Any child marriage solemnized in contravention to the injunction order issued whether
interim or final shall be void ab initio.

Child marriage protection officers and their duties

The government shall appoint Child marriage protection officers over the area specified in
the official gazette. Their duties are33

1. To prevent child marriage by taking action

2. To collect evidence for effective prosecution

3. To advise the locals not to indulge in promoting or helping or allowing solemnization of

child marriage

4. To create awareness of the evil of such child marriage

5. To sensitize the community on the issue

6. To furnish periodical returns and statistics when the government may direct

7. Such other duties assigned by the Government.

The Child marriage protection officers are deemed to be public servant and no suit will lie on
the action taken by the Child marriage protection officers in good faith. Child marriage
Restraint Act is repealed by this new Act. There are some controversies existing regarding
the marriageable age of girls, particularly Muslim girls. In kerala, Nine Muslim organizations
led by Indian Union Muslim League resolved on September 21, 2013, to move the Supreme
Court to get Muslim women excluded from the Prohibition of Child Marriage Act of 2006.34

32
Sec 13 Prohibition of child marriage act

33
Sec 16(3) Prohibition of child marriage act

34
http://indiatoday.intoday.in/story/muslim-marital-age-muslim-women-indian-unionmuslim-
league-cpi-m-criticises/1/311284.html
Applicability Muslim organizations of India have long argued that Indian laws, passed by its
parliament, such as the 2006 child marriage law do not apply to Muslims, because marriage is
a personal law subject.35The Delhi High Court, as well as other state high courts of India,
have disagreed. The Delhi Court, for example, ruled that Prohibition of Child Marriage Act,
2006 overrides all personal laws and governs each and every citizen of India.36The ruling
stated that an under-age marriage, where either the man or woman is over 16 years old, would
not be a void marriage but voidable one, which would become valid if no steps are taken by
such court has option[s] to order otherwise. In case either of the parties is less than 16 years
old, the marriage is void, given the age of consent is 16 in India, sex with minors under the
age of 16 is a statutory crime under Section 376 of Indian Penal Code.37 Legal Action on
Legal Confusion There is a standing legal confusion as to Marital Rape within prohibited
Child Marriages in India. Marital rape per se is not a crime in India; but the position with
regard to children is confusing. While the exception under the criminal law (section 375,
Indian Penal Code, 1860) applicable to adults puts an exception and allows marital rape of a
girl child between the age of 15–18 years by her husband; another new and progressive
legislation Protection of Children from Sexual Offences Act, 2012 disallows any such sexual
relationships and puts such crimes with marriages as an aggravated offense. A Public Interest
Litigation filled by Independent Thought - www.ithought.in an organization working on child
rights law, is being heard in the Hon'ble Supreme Court of India for declaring the exception
allowing marital rape within prohibited child marriages as unconstitutional; Independent
Thought vs. Union of India.

The Convention on the Elimination of All Forms of Discrimination Against Women,

commonly known as CEDAW, is an international bill attempting to end discrimination
against women. Article 16, Marriage and Family Life, states that all women, as well as men,
have the right to choose their spouse, to have the same responsibilities, and to decide on how
many children and the spacing between them. This convention states that child marriage
should not have a legal effect, all action must be taken to enforce a minimum age, and that all
marriages must be put into an official registry.38India signed the convention on 30 July 1980

35
35 M.G. Radhakrishnan and J. Binduraj, In a league of their own India Today (July 5, 2013)

36
2012 [Volume No. 3] JCC [Journal of Criminal Cases] Page No. 2148
37
United Nations, 2003, "Article16
"http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article16

38
Ibid.
but made the declaration that, because of the nation's size and amount of people, it's
impractical to have a registration of marriages.39

4.CONSEQUENCES OF CHILD MARRIAGE

Early maternal deaths

Girls who marry earlier in life are less likely to be informed about reproductive issues,40and
because of this, pregnancy-related deaths are known to be the leading cause of mortality
among married girls between 15 and 19 years of age.41These girls are twice more likely to die
in childbirth than girls between 20 and 24 years of age.42Girls younger than 15 years of age
are 5 times more likely to die in childbirth.43

Infant health

Infants born to mothers under the age of 18 are 60% more likely to die in their first year than
to mothers over the age of 19. If the children survive, they are more likely to suffer from low
birth weight, malnutrition, and late physical and cognitive development.44

Fertility outcomes

A study conducted in India by the International Institute for Population Sciences and Macro
International in 2005 and 2006 showed high fertility, low fertility control, and poor
39
United Nations, "Treaty Collection" http://treaties.un.org/Pages/ViewDetails.aspx?
src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en#EndDec

40
Chandrasekhar, S., 2010, "Factors Affecting Age and Marriage and Age at First Birth in
India," Journal of Quantitative Economics, pg. 83

Childinfo, 2009, "Statistics by Area- Child Marriage,"

41

UNICEFhttp://www.childinfo.org/marriage.html

42
UNICEF, "Early marriage: A childhood
interrupted"http://www.unicef.org/india/child_protection_1536.htm

43
International Center for Research on Women, "Child Marriage Facts and
Figures"http://www.icrw.org/child-marriage-facts-and-figures
44
Hervish, Alexandra, Charlotte Feldman-Jacobs, 2011, "Who Speaks for Me? Ending Child
Marriage," Population Reference Bureau, pg. 2
fertility.outcomes data within child marriages. 90.8% of young married women reported no
use of a contraceptive prior to having their first child. 23.9% reported having a child within
the first year of marriage. 17.3% reported having three or more children over the course of
the marriage. 23% reported a rapid repeat childbirth, and 15.2% reported an unwanted
pregnancy. 15.3% reported a pregnancy termination (stillbirths, miscarriages or abortions).45
Fertility rates are higher in slums than in urban areas.46

Violence

Young girls in a child marriage are more likely to experience domestic violence in their
marriages as opposed to older women. A study conducted in India by the International Centre
for Research on Women showed that girls married before 18 years of age are twice as likely
to be beaten, slapped, or threatened by their husbands and three times more likely to
experience sexual violence. Young brides often show symptoms of sexual abuse and
posttraumatic stress.47

5.CASE LAWS

 Munshi Ram v. Emperor48

The daughter of Ram Chander has been married to the son of Munshi Ram. The age of the
girl is over 14 years and therefore she is not a child as defined in the Act. The age of the boy
was under 18 years and therefore be is a child. A child as defined in the Act means a person
who, if a male is under 18 years of age, if a female is under 14 years of age.

It was held that as in the case of Hindu marriages it cannot be said' that the father of the
bridegroom or the bride does not perform, or direct the marriage. It is generally the father or
the guardian who arranges for the marriage of the boy, and takes the marriage party to the
45
Raj, Anita, Niranjan Saggurti, Donta Balaiah, Jay G. Silverman, 2010, "Prevalence of Child
Marriage and its Impact on the Fertility and Fertility Control Behaviors of Young Women in
India" http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2759702/

46
Chandrasekhar, S., 2010, "Factors Affecting Age and Marriage and Age at First Birth in
India," Journal of Quantitative Economics, pg. 86

47
Supra, N.24

48
AIR 1936 All 11
house of the bride It is the father of the bride, who takes part actually in the performance of
the marriage ceremonies, as it is he who gives his daughter in marriage. There- , fore it
cannot be said that Ram Chander did not perform or direct the marriage. There can therefore
be no question as regards the legality of the conviction of both the applicants under Section 5.

Independent Thoughts v/s Union of India [W.P(Civil)382/2013]

On 18th September 2015 the Supreme Court heard the ongoing PIL by NGO Independent
Thought [Independent Thought vs. Union of India (W.P. Civil 382 of 2013)] for declaration
that Exception 2 to Section 375 of the Indian Penal Code (provision on Rape), [as amended
by Criminal Law (Amendment) Act, 2013] is violative of Articles 14, 15 and 21 of the
Constitution to the extent that it permits intrusive sexual intercourse with a girl child aged
between 15 to 18 years only on the ground that she has been married. The exception is
contrary to the provisions of Protection of Children from Sexual Offences Act, 2012
(POCSO).

 Laxmi Sargara Case (2012)

A bride and her groom who were married as infants won an annulment for their child
marriage. The ruling is a landmark one for Indian child brides. Laxmi Sargara and her
betrothed Rakesh, now 18 and 20 respectively, were married by their parents in Rajasthan,
India, when they were toddlers. Now, as part of an anti-child-marriage campaign, the city of
Jodhpur has annulled their union.

Though many of the major international human rights treaties do not deal overtly with the
issue of child marriage, the UN Convention on the Elimination of All Forms of
Discrimination against Women entrusts states with the responsibility “to eliminate
discrimination against women in all matters relating to marriage and family relation.” Under
this provision, states have to make sure that women and girls have the right to “enter into
marriage only with their free and full consent.”

6.CONCLUSION

Child marriage is one of the most incomprehensible issues faced by Indian society. Earlier,
people use to marry their children at a very early age usually at the age of 10 or 12. Children
were not even aware of what’s happening to them as they were not mature enough to
understand the true meaning of marriage. However, they were forced to tie such bond without
their consent. Child marriage has been into the Indian system since time immemorial and
there are various reasons behind it including illiteracy, poverty and traditional superstitions.
Marriage is a pure bond of love and unity and it’s a great way to unite two souls who are
mature enough to face challenges of life. However, child marriage is an unethical way of
associating two people who do not even know the reality of life. They don’t know how to
handle good and bad situations but they are somehow convinced or forced to get married to
an unknown person.

Indian child marriage law has been revised many times and now the minimum age limit for
girls is 18 and for boys is 21 to get married legally. The government passed this law as there
were increased numbers of child marriage cases in India. Well, on the other side, government
and people are making efforts to make the nation grow and flourish and then there are such
things like child abuse and marriage which are holding back our nation and hindering its
development.

Child marriage spoils the career and future of the children and they are supposed to take huge
responsibilities even if they don’t know how to take it. Usually, a girl child suffers a lot as
she’s supposed to live in somebody else’s house that is quite difficult for her. There are many
other bad consequences of child marriage so the government of India and various
organizations should take steps to spread awareness about this issue so as to completely
throw it out of the system.
 7.BIBLIOGRAPHY

BOOKS REFERRED

 Mittal, K.M. Rai, Child Marriage in India

 Sagade, Jaya, Child Marriage in India, Oxfor Univ. Press

 Aparna Bhat, Aatreyee Sen, Uma Pradhan, Child Marriages and the Law in India, Human
Rights Law Network

 Nagi, B.S., Child Marriage in India: A Study of Its Differential Patterns in Rajasthan,
Mittal Publications

WEBSITES REFERRED

 http://pib.nic.in/newsite/erelease.aspx?relid=0

 http://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/ChildMar
riage_BriefingPaper_Web.pdf

 http://www.equalitynow.org/sites/default/files/Protecting_the_Girl_Child.pdf

 http://www.unicef.org/policyanalysis/files/Child_Marriage_and_the_Law(1).pdf

 http://www.unfpa.org/sites/default/files/pub-pdf/MarryingTooYoung.pdf