32 Child Marriages

Varalaxmi Moganty

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Table of Contents

  1. Learning outcomes
  2. Introduction
  3. History of child marriages
  4. Role of religion
  5. Current status of child marriages in India
  6. Reasons for child marriages
  7. Impact of child marriages on society
  8. The Prohibition of Child Marriage Act, 2006
  9. Summary
  10. References

Learning outcomes

  • This chapter on child marriages makes the students to know the status of Indian illiterate parents and girls who are inviting problems due to early marriages. The students at the outset get sensitized by looking at the status of girl child and impact of child marriages on her and society.
  • By the end of doing with this chapter students will come to know of the ill effects of child marriages in a wider sense; also on legal intervention to prohibit child marriage. Thus they can give a serious thought to the significant need to eliminate child marriage through various agencies and at various levels.

2. Introduction

A child according to the present conception is one who has not completed his or her eighteenth year of age. Today there is a lot of hue and cry on rights of child and on violation of child’s rights. Violation can be any form; exploiting him or her for any purpose or causing suffering and hardship; not providing health and education; deprivation of leisure and above all not listening to child’s interests and ambitions. Developmental thinking is firmly convinced that it is right to health right from pre-natal stage and inviting attitudes for girl-child and education of children are the major aspects for child’s development. This thinking and practice enables the children to lead healthy and socially responsible life. When human right – advocates are trying to see progress of child for overall development, we find still children to get married before a girl completes her 18th year and the boy completes his 21st year against the present law – The Prohibition of Child Marriage Act, 2006.

What are the reasons for this kind of thinking and practice that dominate the progressive thinking and efforts for child development? Culture is a term we understand for the practice of such values and certain rites that are refined and thus have an eternal value. But tradition means that which is in practice. Why should we at all practice a bad tradition called ‘child marriage’ for whatever reasons that existed once upon a time? Why do we still feel girl-child a burden to family and society? What are the motives of the parents and what are the social factors that perpetuate child marriage? Can we ever eliminate this and help child to grow fully and ably? Let us discuss on this issue in all the possible ways.

3. History of child marriages

Historical evidence shows that the reason for child marriage which largely affected the girl child more than the boy-child. Young girl is preferred irrespective of the groom’s age. A girl with virginity; beauty is preferred and thus many a girl children were put to early marriages. This is not the case not only with common people but even in royal families. In the ancient and middle ages, we find some illustrations. “Princess Emilia of Saxony in 1533, at age 16 married George the Pious, Margrave of Brandenburg-Ansbach who was then aged 48 years. Marie Antoinette was married at age 15to Louis Auguste at Versailles in 1770. Girls get married even before puberty. Thus we find “Child marriage was a norm” in China, Rome and India and many other countries.

Apart from this virginity factor, religion also played a role in prescribing the marriageable age of girl and boys. Many religions like, Hinduism, Islam, Christianity linked marriageable age of girl child just after reaching puberty. These religions appear to restrict child marriage, but still, they seem to be encouraging early marriages. Christianity determines the marriageable age of girl and boy. Christianity forbids the marriage of girl child before reaching puberty the age; the marriageable age of the girl was found to be 12 and 14 for boys. Hinduism prescribed marriageable age three years after attaining puberty. Islam allowed marriage of the girl below the age of 10.

In India in course of time ‘bride-price’, that is price to be given before the marriage to the father of the girl, also became a practice to seek an young girl by a much older men. This lured the minds of fathers, and they see that they en-cashed the girl child’s existence. The older men die sooner, and the widowhood of the young girl becomes a burden again to the family. These young widows were exploited, humiliated by the other members of the family. Thus women’s dignity was in question again.

A scene from the movie Water directed by Deepa Mehta based on a widowed child bride. (Photo Courtesy: screen grab) Cited. In Rina Chandran(2016)

To save her dignity and to follow religion there evolved another practice that again became fatal to death for women in form of ‘Sati shahagmana’ – woman following the dead husband to the pyre. History tells us that this practice is in Vedic religions. Found in Indo European nations. This is also found in other religions like Sikhism ; Jainism and Islam . Found in nations like Greece; Cambodia, Philippines and other nations like Myanmar. Self-immolation

Sati practice

To mention on some data in this context, it is held that the practice was evident in the 1st century in the kingly rules and it was spread from 10th to 12th centuries in India. Further during 1815 and 1818 the number of women deaths due to practice of Sati “doubled from 378 to 839”.  Fortunately, sati practice was questioned; revolted and prohibited in India during colonial rule. William Carey and Raja Ramohan Roy in 1888 were the chief reformers to ban Sati by British India. However, there are still incidents happened in India. But it is in 1987 an eighteen-year-old girl named Roop Kanvar committed self-immolation along with her 24-year-old dead husband on the pyre. Whether it was a voluntary act or forced act, data was not available but knowing that this would happen many a people witnessed and none of them stopped the incident to happen. Then law and order intervened. Thus a law called Commission of Sati (Prevention) Act, 1988 came into force.

4. Current status of child marriages in India

We could abolish practice of Sati but not child marriages. Child marriages do exist in many states viz., Andhra Pradesh, Madhya Pradesh, and Rajasthan in India and in places like Kenya, Nigeria and Ethiopia. Further, the impact of child marriage is more significant on girls than boys as said above. This we will discuss later after looking into the state of child marriages in world and in India.

A datum on child marriages by UNICEF, 2016 found that there are 20 countries with high percentage of child marriages. Of these highest percentage recorded was 76% in Niger and this was followed by 68% in Central Africa. Other countries include, Chad; Bangladesh(52%); Burkha Faso, South Sudan; Guinea; Mozambique(48%), India; (47%); Malawi; Somalia; Nigeria ; Eritrea; Madagascar; Nicaragua; Uganda; Sierra Leone(39%) and Cameroon with lowest 38%.

  • Child marriage rates are highest recorded in sub-Saharan Africa with child marriages around 4 in 10 girls which is followed by Latin America and Caribbean; Middle East and North Africa with marriage taken before the age of child as 15 years.
  • West and Central Africa found with married adolescent children (aged between 15-19) with 27%; Middle East and North Africa with 21 %( Unicef 2017)
  • One in three girls in developing world is found to be married before 18 years of age.
  • Over 700 million women alive today were found to be married as children in the world (based UNICEF data in State of world’s Children 2016 cited.)
  • India is found to be with 26, 610,000 (absolute number) of child marriages.

When we look into the details of data in India, based “Census 2011 on married Back”, Uttar Pradesh was found with the highest number of women reported to got married as girl children; with 20,64, 358 children followed by West Bengal with 13,21, 191 . Other states found in the similar position are Bihar and Rajasthan. Andhra Pradesh is found with 5, 21, 878 girl children married. The age group of these children was between 10-19 years.

5. Reasons for child marriages

As we studied in the history on child marriages girls were always guarded by parents and other members of the family in order to see them get married as virgins. But today’s child marriages are mainly due to the following reasons.

  • Gender Inequality
  • Culture and Tradition
  • Poverty
  • Insecurity
  • Limited education opportunities
  • Lack of transport to schooling
  • Low quality of education
  • Inadequate infrastructure
  • Limited capacity among officials
  • Lack of willingness
  • Weak Law enforcement

Families and girls are not always aware of the programmes

 

In society, there is a large gap between the outlook towards boy and girl. Girl is not welcomed since before birth itself. Then thought and brought up as an economic burden especially among socially and economically backward communities. Lack of education or illiteracy of parents makes less aware of the value of educating the girl child. Further often she is not allowed to go to school to take care of the sibling and to perform domestic work or help mother. Even they are sent to rural school areas are not well connected. In some of the school due to lack of quality education and other facilities girl children are dropping out. In certain times when the girl-child is asked the reasons for not going to school answers would surprise us. Some girl children they are not interested in going to school and some children find education as a difficult task. Some girls are found to be willingly accepting marriage. All these show that not only this practice is due to parental illiteracy but also due to that the society is not participating to impart the value of education to children in rural and urban slums.

Impact of child marriages on society

“These harmful social practices force children into a vicious syndrome of early marriage and pregnancy and is very often cited as a prime cause for high maternal and infant mortality and inter-generational cycle of malnutrition. Child Marriage also imposes certain social and decision-making roles for children who are not physically, mentally or emotionally prepared to fulfil these responsibilities” says Ms Krishna Tirath (2006) in her foreword to Handbook on The Prohibition of Child Marriage Act, 2006.

Child marriage as we understand effect the girl child in many ways. Effects on health, education and social status and identity and free will – thus make her life miserable. Once the girl child is detached from the parental home, she not only loses her freedom as a child to play and move free but also is put to stress due to physical and psychological demands. The child below 18 years will not be in a prepared state physically and psychologically. But as her age is considered sexually active there is every possibility for her early pregnancy which further deteriorates her status. An young bride is far from parents, school, and friends of her age-group and literally, no one will be in the husband’s home to share her fears and sorrows. Sometimes such conditions lead to suicidal tendencies too in the girls.

Child marriage is the gross violation of child rights!: Child marriage denies a girl her right to health, education and choice. Child marriage undermines progress toward development goals. In India, almost half of girls between 20 and 24 years old marry before the legal age of 18 years. In some states such as Bihar, Rajasthan and Jharkhand 6 in 10 girls marry as children (Unicef).

Health impacts:

  • The complications of pregnancy and childbirth are the leading causes of death in young women aged 15–19 (WHO (2013)
  • Studies by UNFPA(2013) and WHO(2014) cited by Jennifer Parsons et al.(2015) in their review study held that each year 70,000 deaths of girls aged between 15-19 years occur due to pregnancy and childbirth.
  • Stillbirths and newborn deaths are 50% higher among mothers under 20 than in women who get pregnant in their 20s (UNICEF data provided by WHO, 2013).
  • Pathetically child marriage is a deadly cause of HIV infection and other health hazards like cervical cancer and obstetric fistula in girls. This incidence is also due to lack of sex-education and in some cases exploitation by older husbands. Research evidence is found in this reference in countries like Kenya and Uganda (Nawal M. Nour, 2009).

Economic impacts:

UNICEF estimates 50 000 girls aged between 15-19 die every year, and these are mostly from low and middle-income nations (cited. WHO, 2013). Economic status is the cause of child marriages, and incidentally, child marriage impact the economy of families and nations too. A child bride will have a little say in the participation and decision-making of the family. Added to her poor economic status poor educational status perpetuates her backwardness in many ways. Hardly has the child married woman acquires skill development. Thus she becomes a poor participator in the economic activity of family and nation.

ILO (2016) estimates show some interesting facts:

ILO found that women spend 4 hours and 20 minutes on unpaid care work [domestic and child care] men work 2 hours and 16 minutes per day in developing countries. Whereas in developing countries women some spend 4 hours and 30 minutes a day men spend 1 hour and 20 minutes. This we can link to child marriages where the child spends whole of her day and lifetime without doing any productive work unless and until she is protected, counselled and educated with some vocational training.

Further another data by The World Bank and ONE 2014(cited, Jennifer Parsons et al., 2015)held that there are gaps in productivity due to inequitable intra-household resources allocation in terms of agricultural land or key inputs. These gaps are found [more] with productivity gaps in agriculture in household of young brides.

Doss, C (2013) study on Intra-household bargaining and resources allocation in developing countries found that girls and women who were well educated and employed and later married found that “they earn more; their lifetime”. These women were also found with good decision-making power and with educated children (G-20 background paper on Women’s economic empowerment).

Interestingly studies also found that in the countries like Korea, Taiwan and Thailand the rate of child marriage was declined with the decrease in poverty (Nawal M. Nour, 2009).

7. The Prohibition of Child Marriage Act, 2006

This legislation, in fact, is a replaced enactment of the earlier act namely Child Marriage Act, 1929. The new law, The Prohibition of Child Marriage Act, 2006 has come into existence on 10th January 2007 to prohibit solemnization of child marriage. This act consists of twenty-one sections. Section 2 provides for definitions necessary in the Act. A male “child” is one who has not completed his 21 years, and female child is one who has not completed her eighteenth year. “Child marriage means a marriage to which either of the contracting party is a child”. A “minor” according to the law is one in accordance with Majority Act 1875.

Child marriage is voidable:

Section 3 of the Act says that every child marriage solemnized before or after the commencement of the act is voidable and the act provides for petitions for annulling child marriage. Further Section 3(4) of the act also insists on the return of the “money, valuables, ornaments and other gifts” received at the time of marriage from either party to the other party. In case the applicant for petition is minor, the parent or guardian he has to pay for the maintenance of the female under section 4. This payment for maintenance can be in form of lump sum or monthly.

Legitimacy of the Children

As per Section 6 even though child marriage is nullified children born out of this marriage are legitimate children.

Penal measures against child marriage:

Section 15 of the act treats child marriage as a cognizable and non-bailable offence.

As per the act under Section 9, male adult if he is a major, is punishable with rigorous imprisonment for two years and a fine with 1 lakh rupees. Under Section 10 the person who ever solemnizes the child marriage is punishable with two years imprisonment and a fine with 1 lakh rupees. Under Section 11 whoever promotes , whether parent or guardian or any other person, solemnization of child marriage is punishable with two years imprisonment and a fine of 1 lakh rupees.

Provision for Child marriage Probation officer

Section 16 provides for the appointment of Child marriage Probation officer by the State Government. The duties of this officer as per this section 16 are to prevent solemnization of child marriage; to collect evidence for prosecution and also to perform such functions as creating awareness of the act and to sensitize the community regarding child marriages.

Assistance to Child Probation officer:

Section 16(2) states that Government may request a person with good repute as a social worker or a Gram Panchayat officer or a municipality officer or any person from a Non-governmental organization to assist the Child Probation Officer.

This is all about legal intervention, but as a responsible citizen, we all have to play a role in prohibiting child marriages.

Suggestions

  • Strict application of The Prohibition of Child Marriage Act, 2006 and wide publicity on this law are suggested for prevention of child marriages. And, counselling and vocational training for girls as well as boys and sensitivity programmes for the members of the society towards victims of child marriages are the essential steps.
  • Education of the parents plays a vital role to arrest child marriages. Adult literacy programmes and employment generation for poor sections also might help the issue to get resolved.
  • Further implementation of the right of children to Free and Compulsory Education act 2009 and to see the children are not out of school is another step.
  • Article 51-A (K) insists on the parental responsibility to provide for educational opportunities and National Policy on Children 2013 also speaks of this – awareness and implementation especially in the rural, and poor urban pockets to help the girl child to be educated and saved from early marriage.
  • Carl Olson suggests 16 ways to help issue on child marriages: Educate Girls, Empower Girls, Educate Parents, Mobilise religious leaders and community elders, Support Adolescent Girls Who Are Already Married, Support Legislation Against Child Marriage, Advocate for Women as Community Leaders, Provide Relevant Economic Support, Get Informed and Take Action, Talk about it, Men and Boys should Speak Out, Pledging against child marriage, Sponsoring a Girl Child, Support Anti-Child Marriage charities and organisations, Support Obstetric Fistula campaigns and organisations, Support Artists, Photographers, and Journalists who Raise Awareness About Child Marriage.
  • 24th January is National Girl Child day: Celebrate the day with awareness and concern programmes for health and sanitation and education.
  • WHO provides the data that between 2011 and 2020 the number of girls getting married might be above 140 million, and it also predicts that unless child marriage is addressed, UN Millennium Development Goals 4 & 5 on three-fourths reduction in maternal mortality and two-thirds reduction in child deaths by 2015 may not be attained (who, 2013)

8. Summary

The seriousness of child marriages is based on historical and religious impacts to some extent. This culture is still prevalent to see the girl child get married as young virgin with a boy. In fact, early times witnessed young girl married to older men too by offering bride price. Hence what we understood is that the problem of child marriage has more adverse impacts on the girl child. Even in the modern and scientific times we witness child marriages not in a small numbers in India alone but practised all over the world based on illiteracy and social and economic backwardness of the families of both the girl and the boy in marriage. Hence we suggest that child marriage issue is to be addressed with an integrated approach; linking it with education; employment guarantee schemes for parents; parental counselling; rehabilitation and counselling for victims. Overall we are all found to be stakeholders to address the issue seriously.

you can view video on Child Marriages

Reference

  1. The Prohibition of Child Marriage Act, 2006 at http://lawmin.nic.in/ld/PACT/2007/The%20Prohibition%20of%20Child%20Marriage%20Act,%202006 .pf
  2. Unicef data on monitoring the situation of women and Children (February 2017), Child marriage is a violation of human rights, but is all too common, athttps://data.unicef.org/topic/child-protection/child-marriage/#
  3. Unicef (2014), Ending Child Marriage: Progress and Prospects, at https://data.unicef.org/wp-content/uploads/2015/12/Child-Marriage-Brochure-HR_164.pdf
  4. Girls not brides, Child Marriages Around the world t http://www.girlsnotbrides.org/where-does-it-happen/
  5. Girls not brides, Child Marriages Around the world at http://www.girlsnotbrides.org/where-does-it-happen/
  6. Madhu Priya song (in Telugu language): aadapillanammaa aada pillanamma[a pathos on girl child for unwelcoming birth and her deprivation of education] in Idea Super, Maa TV, Youtube
  7. Carol Olson: 16 Ways of Preventing and Intervening in Child Marriages http://16days.thepixelproject.net/16-ways-of-preventing-and-intervening-in-child-marriages/
  8. Jennifer Parsons, Jeffrey Edmeades, Aslihan Kes, Suzanne Petroni, Maggie Sexton & Quentin Wodon (2015) Economic Impacts of Child Marriage: A Review of the Literature, The Review of Faith & International Affairs, 13:3, 12-22, DOI: 10.1080/15570274.2015.1075757 at http://dx.doi.org/10.1080/15570274.2015.1075757
  9. Who: Media centre (7 MARCH 2013), Child marriages at http://www.who.int/mediacentre/news/releases/2013/child_marriage_20130307/en/
  10. G20 Background Paper: Women’s Economic Empowerment https://www.icrw.org/wp-content/uploads/2017/05/G20-Final-Background-Paper.pdf
  11. Nawal M. Nour (2009).Child Marriage: A Silent Health and Human Rights Issue, in REVIEWS IN OBSTETRICS & GYNECOLOGY, VOL. 2 NO. 1