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How to Prevent Child Marriage?

Child marriage affects millions of young girls and boys worldwide. It is a pressing issue, especially in poor communities with traditional practices. Preventing child marriage requires a Mixed approach. It must include education, community engagement, legal reforms, and economic support. Here are key strategies to effectively combat this harmful practice.

Definition and Scope of Child Marriage

Child marriage happens when one or both people in a marriage or union are younger than 18. It's a big problem all over the world, especially for young girls in developing countries like those in Africa, South Asia, and Latin America.

Annually, approximately twelve million young females are wed before reaching the age of eighteen. The prevalence of child marriages varies across different countries, with some experiencing higher rates than others. They are:

Child marriage is caused by a mix of factors. They include poverty, gender inequality, cultural and religious traditions, and weak laws. In many communities, girls are seen as economic burdens. Marriage is a way to transfer that burden to the husband's family. A major factor in child marriage is to controll girls' sexual freedom.

illustrative Image showing a girl child and her achievements

Key Provisions Relating to Child Marriage

In India, several laws aim to combat child marriage and protect the rights of children. Here are the key legal provisions related to child marriage.

1. Prohibition of Child Marriage Act, 2006

This is the primary legislation addressing child marriage in India. It aims to ban child marriages and protect children from them.

Section 2(a): Defines a "child" as a person who, if male, is under 21 years of age, and if female, is under 18 years of age.
Section 3: It bans child marriages. These marriages are voidable at the option of the child party.
Section 4: It punishes anyone who performs, conducts, or directs a child marriage. The penalty is up to two years in prison and/or a fine.
Section 5: It addresses the consequences of child marriage. It allows the child spouse to seek annulment of the marriage.

2. Bhartiya Nyaya Sanhita (BNS)

The Bhartiya Nyaya Sanhita (BNS), set to replace the Indian Penal Code (IPC), introduces provisions addressing the issue of child marriage. The BNS incorporates sections that explicitly criminalize the practice, reflecting the evolving legal stance on this social ill.

Section 63: A man rapes a woman if he forces specific sexual acts on her. This includes penetration, using objects or body parts, or oral contact with her private areas. Such acts must be against her will, without consent, or under coercion. If the woman is under 18, it's considered rape, regardless of her consent. This highlights the legal view that minors cannot give valid consent. This provision is crucial in addressing the sexual exploitation of child brides.
Section 65: Anyone who rapes a girl under 16 will face at least 20 years in prison. This sentence can extend to life in prison. Life means the rest of their life. They will also have to pay a fine. This fine should cover the victim's medical and rehabilitation costs. It goes directly to the victim. For raping a girl under 12, the punishment is the same: at least 20 years in prison, up to life, or even death.
Section 81: Covers deception leading to cohabitation. It applies to cases where a man tricks a woman into believing he is her husband, often in child marriage cases.

3. The Juvenile Justice (Care and Protection of Children) Act, 2015

This act aims to care for and protect children, including those affected by child marriage.

Section 2(12): Defines a "child" as a person who has not completed 18 years of age.
Section 26: Addresses the District Child Protection Unit. It is for the rehabilitation and reintegration of children, including those who may have been married young.

Few ways to report child marriage in India:

Call the Child Marriage Prohibition Officer (CMPO): The PCMA mandates that each state appoint CMPOs. You can approach the local CMPO and report a suspected child marriage. The CMPO will immediately proceed to take action against those responsible.
Dial 1098: It is a toll-free helpline run by the Childline India Foundation. It operates across the country. Anyone, including children, can call this number to report child marriages. Educate school children and working kids about this helpline to prevent child marriages.
Contact the Police: You can call 100 to report a child marriage that is taking place or about to take place. Or, you can go to a police station and file an FIR (First Information Report) to register the complaint.
Contact the Child Welfare Committee: It was set up under the Juvenile Justice Act to investigate child marriage issues. For example, in Delhi, you can contact the committees based on the districts.
Complaint directly to the Judicial Magistrate: Take your complaint directly to the Judicial Magistrate or Metropolitan Magistrate. The court will order the police or the CMPO to act.
Report to UNICEF: UNICEF works to end child marriage and encourages people to report any child marriage happening around them to the proper authorities.

Remember, anyone can file a complaint of child marriage, including the child. It doesn't matter if the child marriage happened. You can file it at any time before or after the marriage.

Support and Rehabilitation for Victims of Child Marriage

To tackle child marriage, we need both prevention and support. We must help those affected by it. Child marriage victims face many challenges. They lose their education, risk their health, and suffer social stigma. Here are key aspects of support and rehabilitation for victims:

1. Legal Support and Advocacy

Victims of child marriage need access to legal support to annul their marriages and assert their rights.

Legal Aid Services: Organizations like ‘Girls not Brides’ help victims with legal issues. They help file annulments of child marriages. They also help obtain protection orders against abusive spouses.
Awareness of Rights: Education about their legal rights is crucial for victims. Programs can help them learn the laws against child marriage and domestic violence.

2. Psychosocial Support

Child marriage can severely harm young brides' minds. It can cause trauma, depression, and anxiety.

Counseling Services: Access to trained counselors can help victims. They can process their experiences, build self-esteem, and develop coping skills.
Support Groups: Peer support groups allow victims to share their experiences in a safe space. This fosters community and belonging.

3. Educational Opportunities

Education is key to rehabilitation. It helps victims regain control of their futures.

Reintegration into Schools: We need programs to help child brides return to school. Scholarships and financial assistance can help cover school fees and related expenses.
Vocational Training: It can help young women gain skills for jobs. This promotes economic independence and reduces the chance of re-marriage.

4. Economic Support

Economic empowerment is vital for victims. It can help them escape the poverty and dependency that often follow child marriage.

Microfinance and Grants: Financial help, like microloans or grants, can aid victims. It can help them start small businesses or pursue higher education.
Job Placement Services: They can help victims find jobs and achieve financial stability.

5. Health Services

Child marriage victims often face major health risks. These include complications from early pregnancies and STIs (Sexually Transmitted Infections).

Reproductive Health Services: Young mothers must access full reproductive health services. This includes family planning and maternal care.
Health Education: Programs that educate victims can empower them. They will understand their health rights and available services. This will help them make informed health decisions.

6. Community Awareness and Engagement

It's vital to engage the community. It will help change views on child marriage and support victims.

Awareness Campaigns: Initiatives to educate communities about the harms of child marriage can reduce stigma and promote the acceptance of victims.
Involving Religious and Community Leaders: Working with local leaders can change cultural norms. It can also boost community support for victims.

7. Collaboration with NGOs and Government Agencies

NGO and government partnerships can improve support programs.

Integrated Services: Working with sectors like education, health, and legal services ensures a holistic approach to rehabilitation.
Policy Advocacy: NGOs can push for policies to protect child marriage victims and help them reintegrate into society.

Frequently Asked Questions (FAQs)

1. What role does education play in preventing child marriage, and how can it be promoted?

Education plays a crucial role in preventing child marriage by:

Educating girls increases their job prospects and independence: This reduces the incentives for early marriage.
Raising Awareness: Schools can raise awareness of the harms of child marriage and the need for girls' education.
Retention Programs: Programs that address barriers to school attendance can keep girls in school longer. These include scholarships, transportation, and menstrual hygiene management.
Incorporating Life Skills Education: Add life skills education to the curriculum. It will empower girls to make informed decisions about their futures.

2. What are the steps to legally annul a child marriage?

A child married before reaching the legal age can file an annulment petition within two years of turning 18.
Legal Representation: It is advisable to seek the help of a legal professional to file the annulment petition in the appropriate family court.
Court Proceedings: The court will conduct hearings, examine evidence, and provide both parties the opportunity to present their case. If the marriage is annulled, the court will also decide on issues of maintenance and custody of children, if any.

3. What are the roles and powers of Child Marriage Prohibition Officers (CMPOs)?

Preventive Measures: CMPOs have the authority to prevent child marriages by taking prompt action upon receiving information about an impending child marriage.
Investigation: They can investigate complaints and gather evidence to build a case against those involved in promoting or solemnizing child marriages.
Legal Proceedings: CMPOs can initiate legal proceedings and work with law enforcement to arrest offenders and bring them to justice.
Awareness and Sensitization: Conducting programs to educate communities about the laws against child marriage and its harmful effects.

4. What are the legal consequences of failing to prevent child marriage?

Penalties for Officials: Government officials, including CMPOs, who fail to act on credible information about an impending child marriage can face disciplinary action and penalties as per the Prohibition of Child Marriage Act, 2006.
Liability of Community Members: Individuals who are aware of child marriage and fail to report it can be held liable for abetment under the law.

5. What legal recourse is available for a girl forced into marriage after attaining the age of majority?

Divorce and Annulment: If a girl is forced into marriage after turning 18, she can seek legal recourse through divorce or annulment based on grounds such as coercion, fraud, or lack of consent.
Protection Orders: She can also seek protection orders from the court to safeguard herself from any threats or harassment from her spouse or in-laws.
Support Services: Access to legal aid, counseling, and shelter homes provided by the government and NGOs.

References:

Written by Kartikeya Yadav

I am a final-year law student with a strong foundation in constitutional, criminal, and contract law, and a deep passion for constitutional law, intellectual property, and jurisprudence. I also hold a Bachelors degree in Media Studies from the University of Allahabad, where I delved into media's impact, including journalism, media law, and ethics. This dual expertise in law and media has sharpened my analytical and communication skills. Additionally, I founded and led the Debating Society at the University of Allahabad and engage a broad audience on legal and social issues through my YouTube channel, where I honed video editing and content creation skills. My work has been published in reputable legal journals, underscoring my dedication to the legal field.

How to Prevent Child Marriage?

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