LAW134

Child Marriage
in India

Made by- Aman Kathuria (11915048)

Index of the presentation

Part 1 Introduction

Part 2 Child marriage statistics

Part 3 Legality of child marriage

Part 4 Observations- Ground root of child marriage

Part 5 Conclusion

Aman Kathuria | Lovely Professional University 02

 03
Introduction

" Childhood marriage is like cage where the aspirations, dreams and joyful moments of a minor child is prisoned"

- A person, if male has not completed twenty one year of age and a female has not completed 18 year of age can be considered as
ineligible for marriage.

- As per UNICEF, child marriage is a formal or informal union before the age of 18.

- According to a survey, more than 700 women were married before their 18th birthday worldwide.

- This act is most common in south Asia and Sub-Saharan Africa

Aman Kathuria| Lovely Professional University

 LAW134 04

Statistics
8 out of 10 countries with the highest child marriage rates are considered fragile
states.

- Nigeria
- Central African Republic
- Chad
- Bangladesh
- Mali
- South Sudan
- Guinea
- Malawi
 LAW134 04

Statistics
- South Asia is home to almost half (42%) of all child brides worldwide.

- India accounts for one third of the global total. Bangladesh has the highest rate of
marriage involving girls under age 15.

- India has the highest percentage of child brides in the world. About 47% of the
girls get married before reaching the age of 18.

- 2011 Census data showed that 91% of all women were married by 25 years of age
with an alarming rate of 30.2% girls who were married before the age of 18.
Legality of child marriage

- An international treaty adopted by United Nations General Assembly in 1979.

- It is described as an International bill of Rights for Women.

- It has 30 articles divided into 6 parts.

- Part IV (Articles 15 & 16) outline women's rights to equality in marriage and
family life along with the right to equality before law.

- CEDAW was instituted on 3rd September, 1981 and has been ratified by 189
states.

- Over 50 countries have ratified but with certain reservations, declaration and
objections. US and Palau have signed the treaty but not ratified it.

05 Aman Kathuria | Lovely Professional University

 States Parties shall accord to women, in civil matters, a legal capacity identical

Article 15 to that of men and the same opportunities to exercise that capacity. In particular,
they shall give women equal rights to conclude contracts and to administer
property and shall treat them equally in all stages of procedure in courts and
tribunals.

1.Equality 2. Private instruments 3. Same Rights

States Parties shall accord to women
equality with men before the law.
States parties agree that all contracts
and all other private instruments of any
kind with a legal effect which is
directed at restricting the legal capacity
of women shall be deemed null and
void.
States parties shall accord to men and
women the same rights with regard to
the law relating to the movement of
persons and the freedom to choose their
residence and domicile.
 Article 16(2)

The betrothal and the marriage of a child shall have no legal effect and
all necessary action including legislation shall be taken to specify a
minimum age of marriage and to make the registration of marriage in
an official registy compulsory.

07 Aman Kathuria | Legality of Child marriage

 • Poverty Observations
Poverty and marriage expenses including dowry often lead families to
marry off their daughters as an early age to reduce these costs.

2. Burden
4. Reduce in expenses

Girls are seen as a burden on their family and they often married
Giving a daughter in marriage early allows parents to reduce
to considerably older men.
family expenses by ensuring they have one less person to
feed, clothe and educate.

3. To ease economic hardship

Marrying a daughter at a young age is viewed as a means to ease

economic hardship by transferring this burden.
 The prohibition of child marriage
act, 2006

- The object of the act is to prohobit solemnization of child marriage connected and
incidental matters.

- This act is aimed with enabling provisions to prohibit child marriage, protect and
provide relief to victim and enhance punishment for those who abet, promote or
solemnize such marriage.

SECTION 9:

- Punishment for male adult marrying a child. Marriage between a child and a male adult
above eighteen years of age.

- Attracts punishments of upto 2 years or fine up to rupees 1 lakh or both.

12 Aman Kathuria | Conclusion

 THANK YOU

Thank you for listening and having patience. Hope this

presentation were useful for you.

Presenter

Aman Kathuria
B.B.A. LL.B
11915048