OVERVIEW

What is the legal aspect of increasing the child marriage age?

Index

What is child marriage?
The drawback of Child Marriage
About the Legal Framework of Minimum Age for Marriage
The Child Marriage Restraint Act, 1929
Objectives of the Prevention of Child Marriage Act, 1929
Limitation of the Prevention of Child Marriage Act, 1929
The Child Marriage Restraint Act, 1929 (Amendment 1979)
Child Marriage Prohibition Act, 2006
National Family Health Survey (NFHS), Data
Jaya Jaitley committee
Recommendations of the Committee
Impact on other laws, after increasing the minimum age of marriage for women
If a Child Marriage happens, then what is the period for filing a petition to annul child marriage
Reasons behind the decision
The disadvantage of raising the Minimum Age for Marriage for Women
Conclusion

As per the Global Childhood Report released by UK-based NGO Save the Children, in India, even today, the prevalence of child marriage is higher in rural areas as compared to urban areas as these figures are 14.1% and 6.9% in rural and urban areas, respectively for age group 15-19 years. Although India's maternal mortality ratio has increased from 103 in 2017-19 to 113 in 2016-18, it is still far short of the United Nations' Sustainable Development Goals (SDGs) target of live births per 100,000.

It is necessary to break the cycle of early marriage in families as women are often married at 18, even in urban areas. Their dreams of pursuing further education and pursuing a career are often crushed. It is necessary to have a clear direction within the law that if a woman becomes a widow in a young marriage, her marital rights or inheritance rights will not be lost.

What is Child Marriage?

Child Marriage is defined as a marriage of a girl or boy before the age of 18 and refers to both formal marriages and informal unions in which children under the age of 18 live with a partner as if married. It invalidates child marriage at the option of either of the contracting party, who was a 'child' at the time of the marriage.

The drawback of Child Marriage:

Marrying a woman at an early age increases vulnerability and reflects the lower status of women in society compared to men.

Moreover, it leads to many problems that a woman may face due to early marriage in her life.

Education: There is societal pressure on women to marry early and have children. Domestic responsibilities often take women's lives, and they cannot pursue higher education.

Economic Freedom:

Early marriage of women deprives them of proper education and job prospects and thus deprives them of economic independence.

A woman needs to have financial independence as it allows her to make conscious choices about her life, keeping her needs in mind. On the contrary, educated and financially independent women can maintain their families and increase the family's income.

Gender equality:

It promotes gender equality by ensuring equal participation in all walks of life. Limiting economic freedom for women pushes them into the cycle of poverty and limits their children's educational opportunities.

Violation of rights:

Marrying at an early age deprives girls of their basic rights. Some of the fundamental rights outlined in the Convention on the Child's Rights include the right to education, rest and leisure, and protection from mental or physical abuse, including rape and sexual abuse.

Weak Socialization:

Child brides often have to leave their studies due to domestic responsibilities. If the women of the household are educated, she, in turn, educates their family. But if she is illiterate, she misses out on the opportunity to educate her children.

Health concerns:

The devastating effect on the health of child brides who are neither physically nor emotionally ready to become a wife and mother.

According to research, adolescent girls at the age of 15 are at the highest risk of maternal death. In addition, they have a 23% higher risk of disease onset, including heart attack, diabetes, cancer, and stroke. They also face a higher risk of mental disorders. Studies show that women who marry before 18 are more likely to have unwanted pregnancies and have a higher risk of complications such as premature babies, stunted growth, prolonged labor, and miscarriage during pregnancy.

Mental health:

Getting married at an early age has a significant impact on women's mental health. They are more likely to suffer from post-traumatic stress disorder (PTSD) and depression. The institution of marriage and its responsibilities can have a massive impact on a young woman's mental health.

Poverty:

Girls from low-income families are more likely to get married early.

This may be because her family cannot afford the expenses like education and other essential items, so they prefer to marry her so that her standard of living can be better. However, women who get married early are more likely to live in poverty. They lack financial independence, and after marriage, their chances of getting benefits are significantly reduced.

About the Legal Framework of Minimum Age for Marriage:

In India, the minimum age of marriage was first determined by a law known as the Saradha Act, 1929. Later its name was changed to Child Marriage Prevention Act (CMRA), 1929.
In 1978, the law was amended to make the minimum age of marriage 18 years for girls and 21 years for boys.
This position also persisted in a new law called the Prohibition of Child Marriage Act (PCMA), 2006, which replaced the Child Marriage Restraint Act, 1929.
The Prohibition of Child Marriage (Amendment), Bill, 2021

The Child Marriage Restraint Act, 1929

The Prevention of Child Marriage A THE PROHIBITION OF CHILD MARRIAGE ACT, 2006ct, 1929 was also known as the Sharda Act. This Act was passed on September 28, 1929. This was the first law to regulate the minimum age of marriage
According to the Act, the age of marriage for girls was fixed at 14 years and for boys at 18 years. The name Sarada was derived from its sponsor, Harbilas Sarada.
It aims to eliminate the particular evil that had the potential to endanger the life and health of a female child who could not withstand the stress and strain of married life and to avoid the early death of such minor mothers.
It extends to the whole of India except the state of Jammu and Kashmir and applies to all Indian citizens within and outside India.

Objectives of the Prevention of Child Marriage Act, 1929

The Prevention of Child Marriage Act was passed in 1929 to eradicate the evil of child marriage.
It aims to eliminate the particular evil which was likely to endanger the life and health of a girl child who could not face the stress and strain of married life and to avoid the premature death of such minor mothers.

Limitation of the Prevention of Child Marriage Act, 1929

No court may take cognizance of any offense after the expiry of one year from the date of commission of an offense under this Act.
This further weakens the effectiveness of the law.

The Child Marriage Restraint Act, 1929 (Amendment 1979)

In 1978, the marriage age was raised from 16 to 18 for girls and from 18 to 21 for boys.
It aimed to provide better opportunities for women's education and improve their health.
The latest National Family Health Survey (NFHS 5 2019–'21) brings the disheartening fact that even after 40 years, we still have an alarming 23% rate of child marriage.
This points to the Government's failure to reach its goal of providing opportunities for girls or better access to healthcare in backward and poverty-stricken areas.
It has also not changed conservative and anti-women attitudes towards women.

After the amendment in 1979, the Government of India enacted the Prohibition of Child Marriage Act, 2006. The Special Marriage Act 1954 and the Prohibition of Child Marriage Act, 2006 have set the minimum age of consent for marriage for women and men at 18 and 21 years, respectively. The Prohibition of Child Marriage Act, 2006 was enacted to address and overcome the shortcomings of the Prohibition of Child Marriage Act.

Child Marriage Prohibition Act, 2006

This Act replaced the Prevention of Child Marriage Act, 1929, enacted during the British period. In this, a child means a man below 21 years and a woman below 18 years.
A "minor" is defined as a person who has not attained the age of majority under the Majority Act.
It is punishable with rigorous imprisonment for a term that may extend to two years or a fine that may extend to one lakh rupees.
The Act also provides the appointment of a Child Marriage Prohibition Officer, whose duty is to prevent child marriage and spread awareness.
State Governments are requested to take a unique initiative to delay marriages by coordinated efforts on the traditional Akha Teej day for such marriages.
Advertisements are also being taken in the press and electronic media, educating people about the issues of child marriage, etc.
Platforms like International Women's Day and National Girl Child Day are used to create awareness on issues related to women and bring issues like child marriage to the center.
Adolescent girls aged 11 to 18 years are trained about women's legal rights through the Sabla program of the Ministry of Women and Children, including the Prohibition of Child Marriage Act, 2006.

According to the National Family Health Survey (NFHS) Data:

NFHS-4 data of 2015-16 revealed that 27% of women under 18 years were married.
NFHS-4 also reported that 8% of girls between the ages of 15 and 18 were found to be pregnant.
NFHS-5 data of 2019-20 reported a drop in underage marriage to about 23%, which is still substantial considering the existing stringent rules.
Further, NFHS-5 data revealed that 7% of girls aged between 15-and 18 were pregnant.

NFHS-4 data show that women who have completed 12 years of schooling or more are more likely to marry late. It establishes a direct relationship between the level of education and the age of marriage. Similarly, in 2018 the National Human Rights Commission (NHRC) suggested that "higher education levels reduced women's chances of early marriage and suggested amending the Right to Education Act (RTE), 2009, so that It can be applied till the age of 18 years". The above data suggest that to empower women truly, it is required to invest in addressing the fundamental issues that women face rather than imposing coercive laws. Measures should be initiated to increase their access to educational facilities, health facilities, skills, and career development, create jobs, and generate employment opportunities, resulting in delays in the age of marriage of women.

Cabinet pushes for raising the age of marriage for women from 18 to 21 years: (Prohibition of Child Marriage (Amendment), Bill, 2021)

The Union Cabinet has approved a proposal to increase the minimum age of marriage for women from 18 to 21.
Many global organizations such as UNICEF have designated children below 18 years as minors and children below the specified period as child marriages.
Child marriage in India is a violation of human rights. Still, early marriage should also be considered a public health issue because of its impact on a woman's physical and mental health.

Jaya Jaitley committee:

In the Union Ministry of Women and Child Development in June 2020 constituted a task force headed by Jaya Jaitley and other members: Dr. VK Paul, Member (Health) of NITI Aayog, and several Secretaries of several Ministries.
It constituted a committee to examine matters relating to the age of motherhood, the imperative to reduce the maternal mortality ratio and improve the nutritional status of women.
Look into the feasibility of raising the age of marriage, its impact on women's and child health, and how to increase access to education for women.
The Committee is to recommend a time frame by which the Government can implement the policy and the amendments to existing laws that would need to be made.
The Committee received feedback from young adults from 16 universities across the country.
More than 15 NGOs were also engaged to reach out to young adults in remote areas and marginalized communities.

Recommendations of the Committee:

Increase the marriage age.
The Government must consider increasing access to schools and colleges for girls, including their transport.
Skill and business training for girls.
Sex education in schools.
A massive awareness campaign will encourage social.
Acceptance of the new law.

Impact on other laws after increasing the minimum age of marriage for women: The Act provides the minimum age of marriage. The marriage age is 21 years for men and 18 years for women. The Bill raises the minimum age of women to 21 years. The Bill also amends some other laws relating to marriage to increase the minimum age of marriage for women under those laws to 21 years. These are:

Indian Christian Marriage Act, 1872,
Parsi Marriage and Divorce Act, 1936,
Special Marriage Act, 1954,
Hindu Marriage Act, 1955, and
Foreign Marriage Act, 1969.

If a Child Marriage happens, then what is the period for filing a petition to annul child marriage:

Under the Act, child marriage is one where one of the parties to the marriage has a child. The Act provides that child marriage may be annulled by the party who was a child at marriage. Such a party may file a petition in a district court for a decree of nullity. The petition must be filed before such party has completed two years of attainment of majority (i.e., completes 20 years of age). The Bill amends this to allow such a party to file a petition before five years (i.e., attaining the age of 23) of securing a majority.

The amendments relating to increasing the minimum age of marriage for women and the time for filing petitions for annulment of child marriages will come into force two years from the date of consent.

Reasons behind the decision:

Gender equality: With this decision, the Government will make the age of marriage equal for both men and women. Supports the right to equality in terms of uniformity in the age of marriage between men and women.
Maternal complications: The low age of marriage and the resulting early pregnancies also impact the nutritional levels of mothers and their children's overall health and mental health. Maternal and Child Mortality rates also affect infant mortality and maternal mortality rates.
Women Empowerment: This decision will empower women who are cut off from access to education and livelihood due to early marriage. Early marriage and pregnancies significantly impact mothers' and children's overall health and mental well-being; therefore, it needs to be addressed.
Protection from Abuse and health issues: This will essentially outlaw the marriage of premature girls and prevent the abuse of minors.
Uniform Civil Code: A step towards the Uniform Civil Code, equal and equal rights in marriage for all women of all religions.
Dealing with the problem of child marriage: India is home to the highest number of young marriages globally. This law will help in curbing the problem of child marriage.

The disadvantage of raising the Minimum Age for Marriage for Women:

Difficulty in fighting child marriage:

Child marriage law is difficult to implement. Evidence suggests that it mainly punishes young adults for self-arranged marriages when the law is used.
70% of underage marriages occur in disadvantaged communities such as scheduled castes and scheduled tribes, and the law would stop these marriages rather than make them underground.

Criminalize large numbers of marriages:

This change would leave most Indian women who marry before 21 without marriage's legal protections and criminalize their families.

Lack of education is a big problem:

According to the State of the World Report 2020 by UNFPA, in India, 51% of young women with no education and 47% of those with only primary education were married by the age of 18.
Furthermore, a study by the International Center for Research on Women found that girls out of school were 3.5 times more likely to be married or settled than girls still in school.

Conclusion

Marriage is based on cultural norms and customs. It is necessary to have a clear direction within the law that if a woman becomes a widow in a young marriage, her marital rights or inheritance rights will not be lost. Quickly implement increased access to schools and colleges for girls, including transportation, skill and vocational training, and sex education in schools for girls from remote areas to these institutions. The need of the hour is to focus on the program and the necessary budgetary allocation to ensure that every child gets a primary education. When the girl is in school, only then will marriages happen at a young age.

To read this article in Hindi: Child Marriage

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