A

PROJECT ON

CHILD MARRIAGE IN INDIA

[ Submitted as partial requirement for B.A.LL.B. (Hons.) 5 year Integrated course]

Submitted on:-1 October 2023

Submitted By :- Submitted To :-

Sahaj Singh Naruka Ms. Juhi Pawa

Roll No. 87 Faculty: Family Law

Semester – V B

UNIVERSITY FIVE YEAR LAW COLLEGE

UNIVERSITY Of RAJASTHAN

JAIPUR

1|Page
 CERTIFICATE

Ms. Juhi Pawa Date: 01/10/2023

(Faculty)

University Five Year Law College

This is to certify that Sahaj Singh Naruka of V Semester of University Five Year Law
College, University of Rajasthan has carried out the project entitled CHILD MARRIAGE
INDIA under my supervision and guidance. It is an investigation report of a minor project.
The student has completed research work in my stipulated time and according to the norms
prescribed for the purpose.

Supervisor

2|Page
 DECLARATION

I, Sahaj Singh Naruka, hereby declare that this project titled CHILD MARRIAGE IN INDIA
is based on the original research work carried out by me under the guidance and supervision
of Ms. Juhi Pawa.

The interpretations put forth are based on my reading and understanding of the original texts,
The books, articles and the websites etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.

For the present project which I am submitting to the university, no degree or diploma has
been conferred on me before, either in this or in any other university.

Date: 01/10/2023 Signature

Sahaj Singh Naruka

Roll no. 87

Semester: V B

3|Page
 ACKNOWLEDGMENT

I have written this project CHILD MARRIAGE IN INDIA under the supervision of Mr. Juhi
Pawa, faculty, University Five Year Law College, University of Rajasthan, Jaipur. His
Valuable suggestions herein have not only helped me immensely in making this work but
also in developing an analytical approach this work.

I found no words to express my sense of gratitude for Director Dr. Akhil Kumar, Deputy
Director Dr. Sandeep Singh for constant encouragement at every step.

I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.

Sahaj Singh Naruka

4|Page
 TABLE OF CONTENT

SR. NO. SUBJECT

CHAPTER-1 INTRODUCTION

CHAPTER-2 REASON OF CHILD MARRIAGE IN

INDIA

CHAPTER-3 CONSEQUENCES OF CHILD MARRIAGE

CHAPTER-4 MEASURES TO AVOID CHILD

MARRIAGE

CHAPTER-5 CONCLUSION

5|Page
 CHAPTER-1
INTRODUCTION
Child Marriage continues to be a prevalent practice in many parts of the world. Even though
the world is evolving at a fast pace, there are some regions that can’t seem to move on with
times. What’s sad is the dark reality of child marriage which is not considered often. Child
marriage is basically the formal or informal marriage of a child with or without their consent,
under the age of 18. In most cases, the boy or man is older than the girl. Through a child
marriage essay, we will throw light on this social issue.

There are many reasons for child marriage. Some parents marry their daughter so that they
can reserve a good groom early. Others think that they should marry their daughter before
anyone else can. They marry their daughter as they collect the money for the dowry. Some
marry their children because of poverty so that they will not have to feed one more family
member. Others marry their children to follow the tradition.

The origin of child marriage was commonly believed and practised worldwide before the
19th century. As per Indian law, a boy before the age of 21 and a girl before 18 are not
considered eligible to marry. Any such disobedience is regarded as unlawful and is a
punishable offence and considered as child marriage.

The practice of offering gifts and wealth to the groom’s family is known as dowry. The
demand for dowry will increase with the increase in the bride’s age. This fear of more dowry
for more age has led to more pervasiveness of child marriage in India.

During the rule of the British, the first law came against child marriage in India. In 1929, the
British government came up with the Child Marriage Restraint Act, which was later named
the Sarda Act.The people of the country should oppose it whenever they encounter such
practices and equally support the government. Only we can be successful in abolishing the
practice of child marriage altogether throughout the country.

During the rule of the British, the first law came against child marriage in India. In 1929, the
British government came up with the Child Marriage Restraint Act, which was later named
the Sarda Act. The marriage of girls under the age of 18 years and boys under the age of 21
years was by this law prohibited. On 1 April 1930, this act was enacted upon the entire
country except for some states such as Jammu and Kashmir and Hyderabad. Initially, three

6|Page
months of imprisonment was proposed by the act, and in the years 1940 and 1978, the act
was further amended.

Some shortcomings were found in the Child Marriage Restraint act. The Prohibition of Child
Marriage Act introduction in the year 2006 addressed all these shortcomings. Under this law,
the girls and the boys forced into marriage were provided with the option of terming their
marriage as void, and the dowry so given was returned to the bride’s family.

According to the NCRB(National Crime Records Bureau) information, an aggregate number

of 169, 222, and 280 cases have been enlisted under the Prohibition of Child Marriage Act
(PCMA) 2006, 2012, 2013, and 2014 individually.1

1
https://www.unicef.org/india/what-we-do/end-child-marriage

7|Page
 CHAPTER-2

REASONS OF CHILD MARRIAGE IN INDIA

The reasons for child marriages in India are discussed below.

 Patriarchal ideals: The primary cause of early marriage is the fervent desire to
maintain a girl’s virginity in order to retain the family’s honour. A girl’s prized
possessions are her virginity and chastity. Because of the excessive value placed on
virginity, society has developed a variety of strategies and protective measures to
shield females from potential sexual abuse, including early marriage and isolating
them from social activity.

 Regressive customs and religious norms: Governments are frequently unable to

implement current laws or address inconsistencies between the national law on
marriage age and ingrained customs and religious norms. The official acceptance of
cultural, sociological, and customary norms that influence and direct the institution of
marriage and family life is the reason for this. Girls are married off before they reach
puberty in certain Indian villages where child marriage is common due to the stigma
that the culture attaches to marriage after puberty.

 Marriage’s rising cost: Many families are forced to marry their girls off young in
order to save money due to the escalating costs of wedding ceremonies and associated
dowry costs.

 Poverty: Poor families struggle to provide for everyone in the household, thus they
would prefer to “send off” their daughter as soon as possible to another family.

 Caste disparities: Encouraged by the landed castes, the downtrodden classes and
castes imitate this feudal social custom because it gives them access to low-cost
family labour. Therefore, maintaining this system serves the interests of the dominant
classes.
 Lack of education: Inadequate educational possibilities for females, particularly in
rural regions, increase a girl child’s vulnerability to being married off at a young age.
A lack of education also diminishes the ability of girls to reject marriage and pursue
alternate objectives.
 The Prohibition of Child Marriage Act contains a loophole that permits child
marriages to continue when the girl reaches the age of 18, even if it does not make

8|Page
 them unlawful. In many instances, authorities don’t take action against people
responsible for marrying off youngsters since there is a window of opportunity for the
girl’s agreement.
 Fake certificates of age: Through manipulation, fraudulent birth certificates are
frequently obtained. Additionally, panchayats can play a questionable role in the
marriage of children by issuing panchnamas with fictitious dates of birth.
 The Covid-19 epidemic made the threat worse: The COVID-19 pandemic has
made the disparities that encourage child marriage worse. According to a recent study
published in The Lancet, the Covid-19 pandemic may put up to 2.5 million young
girls (under the age of 18) at risk of being married in the next five years.2

2
https://www.drishtiias.com/daily-news-editorials/menace-of-girl-child-marriage-in-india

9|Page
 CHAPTER-3
CONSEQUENSES OF CHILD MARRIAGE
The consequences of child marriage are discussed below.

 Studies show a direct correlation between the prevalence of child marriage and poor
health indicators, frequently as a result of early childbearing, which raises maternal
mortality and morbidity rates.

 Children born to relatively young moms have significant mortality rates. Health issues
are likely to arise in the youngsters that survive.

 Additionally, young girls who are married as children run the danger of getting HIV
and other STDs.

 Domestic violence and abuse can cause post-traumatic stress disorder and depression,
which have an impact on mental health.

 Women’s work options, financial security, and capacity to contribute to society are all
limited by child marriage, which is also closely linked to lower educational attainment
among girls.

 Young, illiterate mothers are also less likely to have children who will pursue higher
education, which feeds the cycle of poor literacy and scarce job possibilities.

 Young married women frequently lack status and influence inside their marriages and
households, which increases their risk of experiencing domestic abuse, sexual abuse,
and social isolation.

 Fertility rates are directly impacted by lower marriage age. The reproductive rate
increases as the age of marriage decreases.

 Child marriage breaches the rights of children, including their right to an education,
their right to be safe from physical and emotional harm, their right to leisure time, and
their right to be with their parents.3

3
https://plan-international.org/publications/child-marriage-in-india/

10 | P a g e
 CHAPTER-4

MEASURES TAKEN TO AVOID CHILD MARRIAGE

Various measures were taken during the different time periods.

Actions conducted during the colonial era

 The Indian Penal Code, which was passed in 1860, made having sex with a girl who is
younger than 10 illegal.

 The Age of Consent Bill, of 1927, which stated that marriage with a girl under the age
of 12 would be invalid, revised the rape rule in 1927.

 The Child Marriage Restraint Act of 1929 established 16 as the minimum age for
girls’ marriage and 18 as the minimum age for males’ marriage. Because it was
sponsored by the judge and Arya Samaj member Harbilas Sarda, the statute is also
known as the Sarda Act.

 The 1978 Child Marriage Restraint (Amendment) Act: The Sharda Act was modified
in 1978 to set the legal marriage age for males and women as 18 and 21, respectively.
The marriage that was performed in defiance of this requirement was nonetheless
legal, nevertheless.

Act of 2006 forbidding child marriage

 A person who, if a male, has not reached the age of twenty-one or, if a female, has not
reached the age of eighteen is referred to as a “child” under this Act.

 It is possible for boys and girls who were coerced into child marriages to annul their
unions up to two years after becoming adults, and in some cases, marriages between
minors can be dissolved before they turn 18 years old.

 Child marriage offspring are regarded as legitimate children.

 The District Courts are in charge of determining the kid’s parental custody while
keeping in mind the best interests of the youngster.

Compulsory Registration of Marriages Act, 2006

 According to the Compulsory Registration of Weddings Act, 2006, all marriages in

India must be registered as of the year 2006.

11 | P a g e
  It specifies that regardless of faith, every Indian citizen must register their marriage
within 10 days of getting hitched.

 It would be crucial to enforcing this mandatory registration in order to stop underage

marriages throughout the nation.

A committee to review the legal age for women to get married

 A committee was established by the Union Ministry for Women and Child
Development in 2020 to look at issues such the average age of motherhood, the
necessity of reducing the Maternal Mortality Ratio, and the enhancement of women’s
nutritional status. Jaya Jaitely is in charge of the Committee.

 The Union Budget 2020–21 included a proposal for the Committee.

 The Committee suggested raising the minimum age of marriage for girls to 21 and
implementing the change gradually.

Right to Education Act 2009

 All kids between the ages of 6 and 14 are expected to receive a basic education under
the RTE Act. It upholds the fundamental right to education (Article 21).

 The Act seeks to prevent problems like child marriage by fostering an environment
that is conducive to learning for all children.

International Partnerships

 South Asian Initiative to End Violence Against Children (SAIEVAC), which adopted
a regional action plan (2015–2018) to end child marriage, includes India as a member.

 One of the twelve nations chosen to participate in UNFPA and UNICEF’s global
initiative to speed up efforts to end child marriage in India.

Sexual contact with a minor is considered rape under the Protection of Children from Sexual
Offenses (POCSO) Act, and the minor’s “consent” is regarded as invalid because they are too
young to give consent.4

4
https://vikaspedia.in/social-welfare/social-awareness/child-marriages

12 | P a g e
 CHAPTER-5

CONCLUSION

A young child (usually a girl under the age of fifteen) marries an adult man in child marriage,
a social phenomenon that happens in many Indian civilizations.

In a second sort of child, marriage practice, the parents of the two children (the boy and the
girl) plan a future union. The boy and girl don’t actually meet until they are legally able to get
married, at which point the wedding is over. Women must be 18 years old to get married,
while men must be 21.

India’s child marriage statistics

It is estimated that there are around 24 million child brides in India. The National Family
Health Survey estimates that 40% of the 60 million child marriages worldwide occur in India.

 India has the fourteenth-highest rate of child marriage in the world, according to the
International Center for Research on Women.

 Different marriage traditions and customs exist throughout regions, castes, and tribes.
The northwest of the country has greater rates of child marriage than the southeast.

 The states with the highest rates of child marriage include Bihar, Rajasthan,
Jharkhand, Uttar Pradesh, West Bengal, Madhya Pradesh, Andhra Pradesh, and
Karnataka (50 per cent or more).

State-wise pattern of Child Marriage

 West Bengal has the greatest number of child marriages among the states (42 per
cent), with Bihar and Tripura closely behind (40 per cent each).

 Surprisingly, the decline in child marriage has been minimal at best in these states
with high frequency.

 On the other end of the spectrum are Goa, Himachal Pradesh, and Kerala (6 per cent
to 7 per cent).

UNICEF and UNFPA have joined forces through a Global Programme to Accelerate Action
to End Child Marriage, where for the first time existing strategies in areas such as health,
education, child protection, nutrition and water and sanitation have been brought together to
address child marriage in a holistic manner. The approach is to address child marriage
13 | P a g e
through the entire lifecycle of a child especially by addressing persisting negative social
norms which are key drivers for the high prevalence of child marriage in India. The
programme works in partnership with governments, civil society organizations and young
people themselves and adopt methods that have proven to work at scale.

At the global level, child marriage is included in Goal 5 “Achieve gender equality and
empower all women and girls” under Target 5.3 “Eliminate all harmful practices, such as
child, early and forced marriage and female genital mutilation”. 5

5
https://india.unfpa.org

14 | P a g e
 WEBLLIOGRAPHY

https://www.unicef.org/india/what-we-do/end-child-marriage

https://www.drishtiias.com/daily-news-editorials/menace-of-girl-child-marriage-in-india

https://plan-international.org/publications/child-marriage-in-india/

https://vikaspedia.in/social-welfare/social-awareness/child-marriages

https://india.unfpa.org

15 | P a g e