Module VI: Social Issues

Child Marriage

Dear students the main purpose of this chapter is to know the basic problem of Indian
society. This is human nature that everyone wants to maximise their happiness for self and for
their children. But in some circumstance the natural humanity is diluting. We must be clear that
this is wrong notion that parents and/or guardians are forcing their children to child labour.
Rather this is society which is forcing them to do so. Dear students here you may remember
Emile Durkhein, who has emphasised more on society than individuals.

Child Marriage as violation of Human Right

State of the World's Children 2007, UNICEF is saying that - "Premature pregnancy and
motherhood are an inevitable consequence of child marriage. Girls under 15 are five times more
likely to die during pregnancy and childbirth than women in their twenties."

Definition

UNICEF defines child marriage as marriage before 18 years of age and considers this
practise as a violation of human rights.

Definition under ‘Prohibition of Child Marriage Act of 2006’

Definition of child marriage under this act is only applicable to (a) to Hindus, Christians,
Jains, Buddhist 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 has 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 age.

“Normal” Consequences

The harmful consequences of child marriage are segregation from family and friends,
limiting the child's interactions with the community and peers, lack of opportunities for
education. Girl children often face situations of bonded labour, enslavement, commercial sexual
exploitation and violence as a result of child marriage. Because of lack of protection child brides
are often exposed to serious health risks, early pregnancy, and various STDs especially
HIV/AIDS. There are many reasons why parents consent to child marriage such as economic
necessity, male protection for their daughters, child bearing, or oppressive traditional values and
norms.

Seriousness of the Problem

Globally more than one third of the women between the ages 20-24 were married before
they reached the age of 18. Approximately 14 million adolescent girls between the ages 15-19
give birth each year. Girls in this age group are twice more likely to die during child birth than
women in their twenties. Rate of child marriage are higher in sub-Saharan Africa and South
Asia.
 Because of the early and often closely timed pregnancies before their bodies are able to
handle the stress of pregnancy, adolescent mothers give birth prematurely or to low weight
babies. The health of the child and mother are at risk and often they do not survive. Child
marriage also makes girls more vulnerable to domestic violence, sexual abuse and inability to
complete primary education. It is also found that infant mortality rates are higher than the
national average in the states where child marriage is highly prevalent.

Indian Scenario

According to the 2001 census there are 1.5 million girls, in India, under the age of 15
already married. Of these, 20% or approximately 300,000 are mothers to at least one child. The
2001 census also estimated the average age of marriage has risen to 18.3 for females. The male
average is 22.6 years. But child marriage is still widespread across the nation. States like
Rajasthan, Uttar Pradesh, Madhya Pradesh, Jharkhand, Chhattisgarh, Bihar and Andra Pradesh
still have average age of marriage below the legal age of eighteen for females.

According to NFHS-III survey 47.3% of women aged 20-24 were married by age 18. Of
these, 2.6 percent were married before they turned 13, 22.6 percent were married before they
were 16, and 44.5 percent were married when they were between 16 and 17. In some states the
percentage is quite high: Rajasthan 65.2%, Uttar Pradesh 58.6%, Madhya Pradesh 57.3%,
Jharkhand 63.2%, Chhattisgarh 55%, Bihar 69% and Andra Pradesh 54.8%.The states where
prevalence is low are Himachal Pradesh 12.3%, Punjab 19.7%, and Kerala 15.4%.

Child marriage in India has grave implications for population control as adolescent
brides are likely to have high fertility and a number of unwanted pregnancies. States where child
marriage is most prevalent is also where there is the highest population. Child marriage is low
among women who have had access to higher education and secondary education. Marriages in
India are often unregistered, and are socially binding if not legally, which makes it hard to
survey.

Causes of Child Marriage

The Cultural Root

The culture is playing a vital role in any social problems. You already know the
importance of culture by Emile Durkheim (April 15, 1858 – November 14, 1917; The
Elementary Forms of the Religious Life, 1912), Max Weber (April 21, 1864 – June 14, 1920;
The Protestant Ethics and the Sprit of Capitalism, 1934) and Karl Marx (May 5, 1818 – March
14, 1883; The German Ideology, 1932, The Manifesto of the Communist party, 1848 etc). Dear
students I gave these references to make you aware about classical studies, which may need
higher study to know further in deep.

Now come to India for the cultural context. Most of these child marriages are happen on
the occasion of “auspicious” day of Akshay Tritiya which is believed that this is most suitable
day for (child) marriage. For marriage on this day one need not to contact astrologer because this
is count as auspicious for everyone form marriage to start any new work.

Cultural root is that this is an Indian mentality that grandparents want to spouse of their
grandchildren. Not only this rather sometimes parents too wants to see the face of spouse of their
children if they are ill or suffering from serious disease.
 Another cause is religious believes which is widely talked in concern news items given
bellow among Hindus. Muslims have too religious prejudice about marriage which we will see
under legal provisions.

Religion wise child marriage ratio is low among Christian, Buddhist, Sikh, Jain and
Parasi.

This is prejudice to say that Adivasis (Scheduled Tribes) are backward in social life and
culture. According to census of India from 1931 onwards age of average marriage among
Adivasis (Scheduled Tribe) are higher than other communities. Adiwasi / Tribal communities
have no culture of child marriage.

Poverty and Dowry

Poverty is playing an important role in child marriage. Due to culture of dowry system
parents wanted to marry their daughter earlier, because later they have to pay more dowries.

Education, Dowry and Child Marriage

Many times parents do not want to give more education to their daughter because if she
get more education than their parents have to search more educated bridegroom who will take
more dowry. On the other hand from boy side new bride is an assets for household and field
work.

“Security”

Indian society is still very orthodox. Majority of family in both rural and urban setup are
not allowing “love marriage” rather they prefer and supporting “arrange marriage”. Pretext to
that their “children” can elopes with someone and/or at later age they will not be in control of
their hands therefore they wanted to get (arrange) marriage “in time”. On the other hand due to
social prejudice if a girl fall (or rise) in love and that is breakdown by any reason than “no any”
boy want to marry her.

Legal aspects of Child Marriage

British Government was very keen for social reforms in India. They proposed and
enacted many legislation for social reforms. But here we will limit our self to child marriage.

The Child Marriage Restraint Act, 1929

This act can be found at http://wcd.nic.in/cmr1929.htm

British Government comes with “The Child Marriage Restraint Act, 1929” which was come into
force on April 1, 1930. Originally according to this law minimum age for girl was 15 years and
18 years for boys. In 1978 after amendments minimum age of marriage were raised from 18
years for girls and 21 years for boys.

This law was questioned during implementation by Muslims. Therefore this law is only
applicable to Non Muslim Indian.

Under protests from Muslim organizations in the undivided British India, a personal law
Shariyat Act was passed in 1937 that allowed child marriages with consent from girl's guardian.
 That law was questioned by Muslims, then superseded by personal law applicable only
to Muslims in British India with Muslim Personal Law (Shariat) Application Act of 1937, which
implied no minimum limit and allowed parental or guardian consent in case of Muslim
marriages. 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 1937

‘Prohibition of Child Marriage Act of 2006’

In 2006 the government of India update legislations regarding child marriage and passed
the ‘Prohibition of Child Marriage Act, 2006’

You may download this act from here

http://www.childlineindia.org.in/CP-CR-Downloads/Child%20Marriage%20Act%202006.pdf

Must read Handbook on ‘The Prohibition of Child Marriage Act, 2006’ jointly published by
UNICEF, Government of India and Citizen of Child Rights

http://www.childlineindia.org.in/pdf/Child-Marriage-handbook.pdf

To more please visit

http://www.childlineindia.org.in/Prohibition-of-Child-Marriage-Act-2006.htm

Consequences of Stopping Child Marriage and Indian Caste System

As a student’s of law and sociology you must read the case of Bhawari Devi, Rajasthan and
Shakuntala Verma, Madhy Pradesh in ‘Must read Handbook on The Prohibition of Child
Marriage Act, 2006’ on page number 14. Please find the case and judgement of Rajasthan High
Court. See yourself that how caste system is working in Indian society and in judiciary. The case
of Bhawari Devi is still pending in Supreme Court.

Suggested data/report

To know more data about women including marriage http://wcd.nic.in/stat.pdf

To know more in depth about child marriage in India by Chaitra Arjunpuri, May 04, 2012 at

http://www.aljazeera.com/indepth/features/2012/04/201242465347804562.html

Media

Sad song on child marriage, unmatched marriage and dowry by Bhikhari Thakur
www.youtube.com/watch?v=H3YCksBieE4
 Important news which is showing the seriousness, incidents and sociological aspects of
Child Marriage

Dear students’ purpose of this section is to provide primary and ground knowledge of
society related to subject matter. This news is not randomly selected. These are carefully
selected to make our understanding clear.

# DWCD: 230 child marriages stopped on Akshay Tritiya

May 4, 2014, Hindustan Times (Indore), page No. 4

BHOPAL: At least 230 underage marriages were prevented in different districts of the
state by teams of department of women and child development
(DWCD) with the support of respective district administrations on
Akshay Tritiya on Friday. Akshay Tritiya is considered an
auspicious occasion for marriages and several mass marriage
ceremonies are held across the state on this occasion. Reports of
underage marriages are often received from these mass and other
solo ceremonies.

On Friday, teams of DWCD fanned out in different districts

and prevented marriages where the brides or grooms were found to
be underage. Police also helped in the process.

The highest number of 35 child marriages were prevented in

Mandsaur followed by 27 in Dewas, 17 in Sehore and 16 in
Shajapur. In six districts of Ujjain division, 114 underage marriages
were prevented.

No complaints of underage marriages were received from

six districts of Bhopal, Tikamgarh, Datia, Morena, Bhind and Sidhi.

# Woman who escaped her child marriage makes it into CBSE textbooks

Jaipur, Octuber 3, 2014, by Sudhir

Mishra

Caption by India Today: Lakshmi learned

about the legal provisions of annulling a
child marriage through Kriti Bharti, a
rehabilitation psychologist and managing
trustee NGO Saarthi. Her marriage was
declared null and void on April 24, 2012

The story of a young woman in

Jodhpur, who got her child
marriage legally annulled with
the help of an NGO in 2012, has been included in the CBSE book for Human Rights and Gender
Studies - a subject introduced for Class XI and XII from this academic session.
Read more at: http://indiatoday.intoday.in/story/child-brides-story-is-now-cbse-lesson/1/393948.html

# Preventing child marriages still an uphill task

by Kshitiz Gaur, April 28, 2014

These communities maintained that conjugal rights are allowed only after 'Gauna'.
Echoing Deva's argument, Hari Singh Rawat, another villager said, "We perform marriages of
our children together to save expenditures that would have incurred if we have married them
separately."

The most common refrain of the community members is, "If child marriage is wrong
then why do religion permitted it. Today's people do not understand the concept of 'bal vivah'."

"Families which have migrated to cities have almost given up the practice because of
education and better economic opportunities," said Ashok Rawat, an advocate.

Rajesh Maghwanshi, a teacher, is of the opinion that the practice can be checked only by
uplift of the socio-economic condition of the rural masses.

Officials said because of illiteracy and poverty, this dogma is still practiced and the
reality is that they do not need the voice of the common man on the issue. "Even political
leaders, Sarpanches and MLAs attend these occasions so to remain in touch with the
communities," an official said.

State officials from the department of

women and child development admit that the
prevalence of underage marriages is a
concern. It is difficult to track underage
marriages or quantify them as they do not get
registered and people solemnized them under
the pseudo name of 'Gangoz' (a type of
community feast in the area) or 'Tulsi
marriage' another occasion to organize
community feast, a department official
added.

Read more at -

http://timesofindia.indiatimes.com/city/jaipur/Preventing-child-marriages-still-an-uphill-task/articleshow/34305077.cms

# Rajasthan gears up to check child marriages on Akshaya Tritiya

May 2, 2014

“... but the parents are one step ahead by devising the modus operandi in order to evade
the legal implications and dodge the watchers.”

“Considering the alertness of the administration, the parents now prefer to solemnize the
child marriage on Seeta Navami, another auspicious day for the purpose, which falls 6 days
later,” said a Gramsevak on condition of anonymity.
 He said in order to escape the eyes of the watchdogs, the parents in the rural areas,
solemnise the marriages of their minor wards in the fields and not at their homes or even marry
them off in the cover of elder couples’ weddings.

Interestingly, the government functionaries in the villages like Patwaries, teachers etc,
on whom the administration is heavily dependent on for the information about child marriages,
hardly dare to act as informer.

“They have to live and work with the villagers. They can not afford to incur their wrath
by daring to stop child marriages,” said an NGO worker.

Similarly, the public representatives also hardly show any willingness to rise up against
this social evil. A social worker active in Western Rajasthan said, “the villagers vote for them
and the public representatives like ward Panches, Sarpanches, Pradhans and even MLAs and
MPs do not dare to antagonise their voters by meddling with their “customs”.

“Instead, they not only participate in these weddings but also facilitate parents in
conducting them,” he said. As a result of this, the number of child marriages in Rajasthan has
dropped from 58.4 per cent in last decade to almost 22 per cent. – PTI

Read more at - http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/rajasthan-gears-up-to-check-child-

marriages-on-akshaya-tritiya/article5968012.ece

# Prevent Child Marriages on Akshaya Tritiya, States told

Aarti Dhar, April 22, 2012

Akshaya Tritiya, which falls on April 24, is considered an auspicious day in the Hindu
calendar and a large number of children are married off on this day in Rajasthan, Madhya
Pradesh, Chhattisgarh, Bihar, Jharkhand, Uttar Pradesh and Uttarakhand, particularly in the rural
belt.

Child marriages are often linked to a good crop preceded by a good monsoon. When
farmers make money in a prosperous season, they marry off children irrespective of their age.
On Akshaya Tritiya, also known as ‘Akha Teej', thousands of marriages take place with a
majority of these being of minors.

Efforts by the governments to crack down on child marriages have met with mixed
success. In 2010, there were reports of mass child marriages from Rajasthan's Gothera village,
despite the State government's instructions that such violations would mean reprimands for
administrators. Police said they were unable to stop the marriages because the villagers secretly
organised the ceremonies two days before Akha Teej.

Earlier this week, the CAG had criticised a Rajasthan government-run scheme to support
the weddings of Dalit girls, saying the authorities had released funds though documents showed
that the beneficiaries were underage.

Read more at - http://www.thehindu.com/news/national/prevent-child-marriages-on-akshaya-tritiya-states-

told/article3340183.ece
Understanding of Related Terminology/ Word/ Institution/ Clarification

What is UNICEF?

The United Nations Children's Fund (UNICEF) is a United Nations Program

headquartered in New York that provides long-term humanitarian and developmental assistance
to children and mothers in developing countries. UNICEF was created by the United Nations
General Assembly on December 11, 1946, to provide emergency food and healthcare to children
in countries that had been devastated by World War II. In 1953, UNICEF became a permanent
part of the United Nations System and its name was shortened from the original United Nations
International Children's Emergency Fund but it has continued to be known by the popular
acronym based on this previous title. UNICEF relies on contributions from governments and
private donors. UNICEF's programs emphasize developing community-level services to promote
the health and well-being of children. Most of UNICEF's work is in the field, with staff in over
190 countries and territories. More than 200 country offices carry out UNICEF's mission
through a program developed with host governments. Seventeen regional offices provide
technical assistance to country offices as needed.

What is NFHS?

The National Family Health Survey (NFHS) is a large-scale, multi-round survey

conducted in a representative sample of households throughout India. Three rounds of the
survey have been conducted since the first survey in 1992-93. The survey provides state and
national information for India on fertility, infant and child mortality, the practice of family
planning, maternal and child health, reproductive health, nutrition, anaemia, utilization and
quality of health and family planning services. Each successive round of the NFHS has had two
specific goals: a) to provide essential data on health and family welfare needed by the Ministry
of Health and Family Welfare and other agencies for policy and programme purposes, and b) to
provide information on important emerging health and family welfare issues. The Ministry of
Health and Family Welfare (MOHFW), Government of India, designated the International
Institute for Polulation Science (IIPS).

What is Sharia?

Sharia (Islamic law) deals with many topics addressed by secular law, including crime,
politics and economy as well as personal matters such as, hygiene, diet, prayer, everyday
etiquette and fasting. Adherence to Islamic law has served as one of the distinguishing
characteristics of the Muslim faith historically, and through the centuries Muslims have devoted
much scholarly time and effort on its elaboration.

Anil Kumar

Assistant Professor for Sociology

Amity Law School
Amity University, Nioda, Gautam Buddha Nagar, Uttar Pradesh
Email anilstate@gmail.com
This not is partially written by me and partially collection of important facts