Unveiling Injustice: The Legal Battle Against Child Marriage
Mickhita Bansal
It has been written by Mickhita Bansal, a law graduate from Baba Farid Law College, Faridkot.
INTRODUCTION
Child marriage is a contentious issue that affects millions of youngsters, especially females. Child marriage, which is defined as a union between two people before the age of 18, deprives children of their youth, interferes with their education, and raises their risk of violence and health issues. This practice continues despite government policies and legal frameworks because of the old customs and traditions of our society.
HISTORICAL CONTEXT
The practice of child marriage is deeply rooted in history and culture. Traditionally, during ancient times, early marriages were seen as a means of securing alliances, protecting family honor, and guaranteeing the welfare of daughters. In 1860, when the Indian Penal Code was passed, sex with a girl younger than 10 years was made illegal. Despite of it, this practice is still performed today due to several factors, such as poverty, societal pressure, tradition, culture, and gender inequality. Understanding these cultural contexts is essential for developing successful methods that respect not only traditions but also help advocate for children’s rights.
LEGAL AGE OF MARRIAGE
The legal age of marriage, according to the Prohibition of child Marriage Act, 2006, is 18 and 21 for women and men, respectively. However, in 2021, a bill was introduced to raise the minimum age for marriage to 23. The bill has not yet been introduced but is on the verge of implementation anytime soon. Despite changes in the legal framework, many marriages in India still occur below the legal age of 18, often with parental consent and social approval.
Nowadays, youngsters are purposefully getting married, and while the law does not invalidate these marriages outright, it grants the children the capacity to bring a lawsuit in court to have such marriages annulled within two years of attaining majority. This presents a new difficulty. However, the children are illiterate at that same moment and endure lifelong suffering because of divorce or remaining in unhealthy relationships.
LEGAL FRAMEWORK AND IMPACT IN CHILDREN
The Prohibition of child Marriage Act, 2006 is a statute that governs child marriage in India and aims to prohibit child marriage and protect children from adverse effects. Despite the laws, certain areas like Uttar Pradesh, Bihar, West Bengal, Tripura, Maharashtra, and Madhya Pradesh, have a significant number of cases of child marriage. The impact of child marriage on children is crucial because female children suffer complications during pregnancy and childbirth. Domestic violence and suffer from mental health issues. They are dropping out of school at such a young age, increasing poverty and thus leading to inequality.
JUDICIAL APPROACH
Hardev Singh v. Harpreet Kaur & Ors (2019)
The Supreme Court ruled that although the Prohibition of Child Marriage Act, 2006 sets the age at which marriage is penalized at 18, the Indian Majority Act considers a male to be an adult after he reaches the age of 21. This highlights the differences in how various statutes address the same topics. Not only this, but the Act allows for child marriages to be voluntarily dissolved rather than following the custom of forced or automatic dissolution.
Independent Thought vs. Union of India (2017)
The Supreme Court of India held that sexual intercourse with a minor wife who is below the age of 18 years, within marriage, would amount to rape and was therefore a criminal offense under the IPC. This judgment has been marked as a landmark judgment against marital rape committed in the case of child marriage.
STORIES OF RESSILIENCE AND RESISTANCE
Memory Banda: Memory Banda was only 13 when her younger sister was forced into marriage. Determined to prevent other girls from the same fate, Memory began an anti-child marriage campaign. Her efforts were instrumental in changing the law in Malawi to increase the legal age of marriage to 18.
Nujood Ali: Nujood Ali was just 10 years old when she was forced to marry a man three times her age. Refusing to accept her fate, Nujood managed to get to a courthouse and demand a divorce, making her an international sensation. Her courage sparked a movement against child marriage in Yemen, and she has since written a book about her experiences.
CONCLUSION: THE WAY FORWARD
Child marriage eradication requires a multifaceted approach that combines legal action, community engagement, and international cooperation. Even though progress has been made, there is still much work to be done. We can end the practice of child marriage if we keep drawing attention to this injustice and do our best to protect the rights and futures of millions of children across India.
References
1.https://lexforti.com/legal-news/supreme-courts-landmark-ruling-on-child-marriages/
2.https://www.nyayasastra.com/post/child-marriages-in-india-a-legal-overview
3.https://www.nyayasastra.com/post/child-marriages-in-india-a-legal-overview