Child Marriage in India

Introduction

Child marriage is a serious violation of human rights and one of the most pressing social issues in India. It refers to a marital union where one or both individuals are below the legally prescribed age for marriage. In India, the legal minimum age of marriage is 18 years for women and 21 years for men. Despite clear legal provisions and decades of reform efforts, child marriage continues to exist across many parts of the country.

India has the highest number of child brides globally, accounting for nearly one-third of the world’s total. While the prevalence of child marriage has declined over the years, the pace of change remains slow due to deep-rooted socio-cultural traditions, poverty, gender inequality, lack of education, and weak enforcement of laws. Child marriage affects not only individual children but also families, communities, and the overall development of the nation.

Historical Background of Child Marriage in India

Child marriage has existed in India for centuries and is closely linked to traditional customs, religious practices, and patriarchal social structures. In ancient times, early marriages were often justified on religious grounds, with the belief that marriage was a sacred duty that should be fulfilled early in life. Girls were often married soon after attaining puberty.

During the medieval period, factors such as foreign invasions, political instability, and social insecurity contributed to the strengthening of child marriage practices. Families believed that early marriage protected girls from sexual violence and ensured family honor. The rigid caste system and fear of inter-caste relationships also played a role in encouraging early marriages.

The colonial period marked the beginning of organized resistance against child marriage. Social reformers such as Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Pandita Ramabai, and Jyotiba Phule strongly opposed social evils like child marriage and advocated for women’s education and rights. Their efforts resulted in legislative interventions, most notably the Child Marriage Restraint Act of 1929 (Sarda Act), which set the minimum marriage age at 14 for girls and 18 for boys.

After independence, India strengthened its legal framework, but social acceptance of child marriage continued in many regions, particularly rural and economically backward areas.

Definition and Legal Age of Marriage in India

Child marriage is defined as a marriage in which:

• The bride is below 18 years of age, or

• The groom is below 21 years of age

These age limits are defined under the Prohibition of Child Marriage Act (PCMA), 2006.

The Act recognizes child marriage as a punishable offense and provides legal remedies for victims, including annulment of marriage and maintenance. However, child marriage is considered voidable, not automatically void, which means it remains valid unless challenged in court.

Prevalence and Regional Patterns

National Scenario

India has witnessed a gradual decline in child marriage over the last few decades due to increased literacy, urbanization, and awareness campaigns. According to National Family Health Survey (NFHS-5):

• About 23% of women aged 20–24 years were married before the age of 18.

• This reflects a decline from 27% in NFHS-4, indicating progress but not elimination.

Regional Variations

Child marriage is more prevalent in:

• Rural areas

• Economically weaker states

• Marginalized communities

States with high prevalence include:

• Rajasthan

• Bihar

• West Bengal

• Uttar Pradesh

• Madhya Pradesh

• Jharkhand

• Chhattisgarh

Urban areas show lower rates, but child marriage still occurs among urban poor populations.

Socio-Economic Causes of Child Marriage

1. Poverty

Poverty is one of the strongest drivers of child marriage in India. Families living in extreme poverty often view marriage as a way to reduce economic burden. Marrying a daughter early means fewer years of feeding, clothing, and educating her. In some communities, dowry demands increase with the age of the bride, making early marriage financially attractive.

2. Lack of Education

Education is one of the most powerful tools against child marriage. Girls who are not enrolled in school or drop out early are significantly more likely to be married young. Poor access to schools, lack of sanitation facilities, long distances, and safety concerns contribute to low female school attendance.

3. Gender Inequality and Patriarchy

Indian society remains deeply patriarchal in many regions. Girls are often viewed as inferior to boys and are expected to focus on domestic roles rather than education or careers. Early marriage reinforces the belief that a woman’s primary purpose is to be a wife and mother.

4. Social Norms and Traditions

Cultural beliefs and community pressure strongly influence child marriage. Families fear social stigma if daughters remain unmarried beyond a certain age. Customs passed down through generations normalize the practice, making resistance difficult.

5. Safety and Honor Concerns

Parents often believe that marriage protects girls from sexual harassment, assault, or elopement. The concept of family honor is closely linked to female sexuality, leading families to marry girls early to control their mobility and behavior.

6. Weak Law Enforcement

Despite existing laws, enforcement remains inconsistent. Local authorities often hesitate to intervene due to social pressure or lack of awareness. Many child marriages go unreported.

Impact of Child Marriage

1. Health Consequences

Child marriage has severe health implications, particularly for girls:

• Early pregnancy increases the risk of maternal mortality

• Higher chances of anemia, malnutrition, and obstetric complications

• Increased risk of sexually transmitted infections

• Infants born to young mothers face higher risks of low birth weight, premature birth, and infant mortality

2. Impact on Education

Marriage almost always leads to school dropout for girls. Once married, girls are expected to manage household responsibilities and childbearing, leaving no opportunity for education. This limits their future prospects and reinforces intergenerational poverty.

3. Psychological and Emotional Impact

Child brides often suffer from:

• Emotional stress and anxiety

• Social isolation

• Domestic violence and marital rape

• Loss of childhood and personal freedom

Lack of emotional maturity makes it difficult for children to cope with marital responsibilities.

4. Economic Impact

Child marriage reduces women’s participation in the labor force, resulting in:

• Lower household income

• Reduced national productivity

• Increased dependence on male earners

Educated women contribute significantly to economic growth, making child marriage a barrier to development.

5. Impact on Gender Equality and Human Rights

Child marriage violates fundamental human rights, including the right to education, health, freedom, and consent. It perpetuates gender discrimination and reinforces unequal power relations between men and women.

Legal Framework to Prevent Child Marriage

Prohibition of Child Marriage Act, 2006

Key provisions include:

• Punishment for those who perform, promote, or permit child marriage

• Appointment of Child Marriage Prohibition Officers

• Provision for annulment of child marriages

• Maintenance and residence rights for female victims

Related Laws

• Indian Penal Code (IPC): Addresses cruelty, abuse, and exploitation

• POCSO Act, 2012: Criminalizes sexual activity with minors, even within marriage

• Right to Education Act, 2009: Promotes compulsory education up to 14 years

Government Initiatives

Beti Bachao Beti Padhao

Focuses on improving the status of girls through education and awareness.

Sukanya Samriddhi Yojana

Encourages financial security for girl children.

Integrated Child Protection Scheme

Provides support for vulnerable children.

National Action Plan to End Child Marriage

Aims to eliminate child marriage through education, empowerment, and community engagement.

Role of NGOs and Civil Society

NGOs play a crucial role by:

• Conducting awareness campaigns

• Supporting education and vocational training

• Intervening to stop child marriages

• Rehabilitating victims

Organizations like UNICEF, Save the Children, CRY, and Breakthrough have contributed significantly to reducing child marriage.

Challenges in Eliminating Child Marriage

• Deep-rooted traditions

• Poverty and unemployment

• Social resistance

• Inadequate monitoring

• Gender bias

• Limited access to education

The Way Forward

To eliminate child marriage, India must:

• Strengthen education systems

• Empower girls economically

• Enforce laws strictly

• Engage communities

• Promote gender equality

• Use media and technology for awareness

Conclusion

Child marriage in India is a complex social issue requiring sustained efforts at multiple levels. While progress has been made, millions of children remain at risk. Ending child marriage is essential for achieving gender equality, improving health outcomes, and ensuring sustainable development. By empowering girls, educating communities, and enforcing laws, India can ensure a future where every child has the freedom to choose their own path.