JAMIA MILLIA ISLAMIA

FACULTY OF LAW

Assignment- Women and Child law

TOPIC- "Child Marriage: Unveiling Its Reality and Finding Solution”

SUBMITTED TO:
Prof. DR. SUBHRADIPTA SARKAR

SUBMITTED BY- UJJALESHWA KUMAR KASHYAP

(SF, STUDENT ID- 20224845 ROLL NO-65 )
AND
ROHIT SRIVASTAVA
(Regular, Roll no- 53, 202003825)

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 TABLE OF CONTENT

SR .NO CONTENT Page Number

1) INTRODUCTION 3
2) PREVALENCE OF CHILD 6
MARRIAGES IN INDIA
3) THE IMPACT OF COVID- 10
19 ON CHILD
MARRIAGES IN INDIA

4) The Prohibition of Child 12

Marriage Amendment Bill (
2021)

5) INDIAN COURTS ON 14
CHILD MARRIAGES
6) RECENT MAJOR 15-16
INITIATIVES
CRACKDOWN BY
INDIAN STATES
7) PROBLEMS AND 17-20
CHALLENGES
8) CONCLUSION AND 20-21
SUGGESTIONS
9) BIBLIOGRAPHY 23

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 INTRODUCTION

In India, as in many parts of the world, marriage has traditionally been linked to the
preservation of social norms rather than individual choices and preferences. These unions
have typically served to solidify gender roles, with women assuming household
responsibilities and men being the primary breadwinners. Marriage, within this context, holds
immense significance as it underpins the core values of patriarchy and caste systems in India.
1
It is perceived as a legal contract in which a woman essentially gives herself to her husband,
perpetuating the subjugation of women through religious rituals, social and cultural practices,
and societal norms.2 Women are often regarded as the property of men, necessitating the
protection of their sexuality and chastity, which can restrict a woman's agency.

Child, early, and forced marriages (CEFM) are widespread in various societies, even in
developed countries. In the USA, for instance, over 200,000 minors, primarily girls, were
reportedly married in 2018.3 However, the highest prevalence of girls marrying before the age
of 18 is observed in poorer countries, such as Niger (76%), the Central African Republic
(68%), and Chad (67%). India holds the unfortunate distinction of having the highest absolute
number of child marriages, with an estimated one-third of all child brides residing in the
country4.

Historically, it was the British who first defined child marriage in India and enacted laws to
combat it. The Indian Penal Code, established in 1860, set the age of consent at 10 years,
with the enactment of this law being prompted by the tragic case of Phulmoni Dasi, a 10-
year-old girl who died due to excessive bleeding following her marriage consummation. In
1884, another case involved Rukhmabai, a victim of child marriage, who refused to live with

1
Saumya Medireddy, “Patriarchy in Indian Marriage” The Armchair Journal (15 JUNE 2015). available at:
https://armchairjournal.com/patriarchy-in-indian-marriages/ (last visited 25th October 2023)

2
Unchained at last, UNITED STATES-CHILD MARRAIGE PROBLEMS, America, available at:
https://www.unchainedatlast.org/united-states-child-marriage-problem-study-findings-april-2021/ (last visited
on 25 October 2023)

4
UNICEF, “Child Marraige” (4th june 2021) available at: https://data.unicef.org/topic/child-protection/child-
marriage/#:~:text=Across%20the%20globe%2C%20levels%20of,Caribbean%20(21%20per%20cent). (last
visited on 25th October 2023)

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her husband and took the matter to court. 5 While Rukhmabai lost the case, the controversy
surrounding these cases ignited a widespread debate on child marriages and fuelled the social
reform movement.

These developments eventually led to the passage of the Age of Consent Act in 1891, raising
the age of marriage for girls to 12 years.6 Pressure from the social reform movement
prompted further changes, with the age of marriage set at 14 years for girls and 18 years for
men in 1929. However, the British government, as a rule, did not actively enforce these laws
once enacted.

After gaining independence, India amended the Child Marriage Restraint Act ("Sharda Act")
in 1949, setting the age of marriage for girls at 15. Subsequently, in 1978, the Sharda Act was
further amended, establishing the age of marriage as 18 for women and 21 for men. 7 In 2006,
the Prohibition of Child Marriage Act (PCMA) finalized the age of marriage at 18 for women
and 21 for men. It's important to note that the age of consent, which governs the legal age for
sexual activity, was different. In 1940, the Indian Penal Code raised the age of consent to 16
years for girls, making sexual relations with a girl below 16, regardless of consent, a form of
rape. However, marriage was an exception, allowing husbands to consummate the marriage
with a 15 to 18-year-old girl. 8 With the enactment of the Protection of Children from Sexual
Offences Act in 2012, the age of consent was raised to 18 for both men and women,
eliminating the exception for marriage. In 2021, the Indian Parliament and the current
government sparked a heated debate 9 about amending the PCMA 2006 to raise the legal age
of marriage for women from 18 to 21, aiming to empower women and ensure gender parity.

In its current legal definition, child marriage in India pertains to the marriage of a girl who is
under 18 and a boy under 21.10 However, this legal definition does not capture the full
complexity of the issue. As awareness of the law has grown, parents now arrange marriages

5
Ishita Pandey, “Phulmoni's Body: The Autopsy, the Inquest and the Humanitarian Narrative on Child Rape in
India” 4 Talor & Francis (2013).
6
Prevention of Child Marriage Act, 2006
7
Neeraj Hatekar, Rajni Mathur and Pallavi Rege, “Legislating' Social Change: Strange Case of the Sarda Act”
42 JSTOR 145 (2007).
8
Ibid.
9
Controversy over Age of Consent, India, available:
https://delhicourts.nic.in/VWDC_files/sm/Study%20Material%20Training%20Programme%2008-
09%20September-2018/Reading%20Material%20Part%20-
%201%20(%20POCSO%20Material,%20Mock%20Case,%20Contents%20page)/3.%20POCSO/Controversy_o
ver_Age_of_Consent.pdf ( last visited on 25th October 2023)
10
Prohibition of Child Marriage Act, 2006.

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for their daughters when they approach 18, which curb the problem of early marriages. Many
women are married off before they have the ability to make decisions, earn income, or access
information about contraception and the legal aspects of ending a marriage. Therefore, a more
nuanced understanding of child marriages, encompassing early and forced marriages,
provides a more accurate portrayal of the violation of the rights of both children and young
adults entering such unions.

SIGNIFICANCE OF THE RESEARCH ASSIGEMENT

The findings of this research assignment will help to understand the reason behind the large
number of child marriages which is happening in our country. This assignment will further
help to know the effectiveness of laws and policies which are present to curb the child
marriages. Thus, it will help to take more beneficial steps to end this present menace.

RESEARCH QUESTIONS
1. What is the current status of Child marriages in India?
2. How effective are the prevailing laws and policies to curb Child Marriages?
3. What is the role played by the Judiciary to minimize child marriages?
4. What are the viable solutions to eliminate child marriages?

RESEARCH METHODOLOGY
The researcher has carried out both doctrinal and non-doctrinal research as the researcher has
undergone critical analysis of various literatures for an effective research paper. Primary and
secondary sources have been examined so as to profoundly write the matter. Primary sources
include internet, blogs and e books. Secondary sources include the journals, mostly legal,
articles, literary criticism and legal analysis of the past works.

HYPOTHESIS
Most of the legislation appears to be ineffective due to the loopholes that are discussed in this
paper but it had passed the test of time because of various different objectives of modern
society. A need to develop more comprehensive set of laws and its implementation
mechanism is felt to achieve the goal of creating egalitarian society.

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 Literature Review
The researcher has looked through a number of case laws, publication, articles that briefly
discussed contemporary issues regarding child marriage in India. The researcher has taken
help of various articles, blogs, and papers to present the true picture of the efficiency of
prevalent laws.

I. PREVALENCE OF CHILD MARRIAGES IN INDIA

India holds the unfortunate distinction of having the highest number of child brides globally,
with one-third of the world's total child brides residing within its borders. 11 However, there
has been a noteworthy improvement in curtailing child marriages in India, as indicated by
official data from the National Family Health Survey (NFHS) spanning from 2006 to 2020.
The data reveals a positive trend in reducing child marriages across India since 2015.12

According to the NFHS 4 data from 2015–2016, 26.8% of girls were married before the legal
age of 18, signifying a significant improvement compared to the situation in 2005–2006 when
almost half of all girls were married before turning 18. 13 While the latest NFHS 5 data (2019–
2020) does not offer a comprehensive national overview, data released for select states
suggests a continued decline in child marriage rates, with the exception of Assam, where
cases have increased.14

Notably, Bihar had the highest rate of child marriages in India during the 2015–2016 period15,
and in 2019–2020, West Bengal reported the highest number of child marriage cases,
followed by Bihar.16 These states, with high child marriage rates, are often associated with

11
Plan International, “Child Marriage in India” (2022) available at: https://plan-
international.org/publications/child-marriage-in-india/ ( last visited on 25th October 2023)
12
Government of India, “National Family Health Survey 2019-21” 5 (Ministry of Health and Family Welfare,
2021)
13
Government of India, “National Family Health Survey 2015-16” 5 (Ministry of Health and Family Welfare,
2016) available at: http://rchiips.org/nfhs/factsheet_NFHS-4.shtml (last visited on 26 October 2023)
14
Supra Note 12.
15
Supra Note 13
16
Supra Note 12.

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child trafficking, particularly for marriage purposes. Men from wealthier states like Haryana
and Punjab seek brides from these source states due to imbalanced sex ratios.17

It's important to acknowledge that NFHS data may not entirely reflect the true extent of child
marriages in India. Given that the data relies on self-reporting, families may be reluctant to
provide accurate information, especially as awareness of anti-child marriage laws grows.
Consequently, it's likely that the actual number of child marriages is higher than officially
reported. Despite this limitation, the NFHS data does suggest a positive trajectory in reducing
child marriages until 2020.

Additionally, data from the National Crime Records Bureau for the year 2020 indicates a
notable increase in the number of cases filed under the Prohibition of Child Marriage Act
(PCMA) 2006, with a 50% rise from the previous year (785 cases were recorded).18
Karnataka, followed by Assam, reported the highest numbers of such cases. 19Typically, very
few cases are filed under the PCMA, primarily because children often face immense
challenges in reporting marriages arranged by their parents or guardians. However, there
appears to be a growing trend of children utilizing the law to their advantage. For example, in
2021, a 15-year-old girl filed a case against her parents for forcing her into marriage in
Bangalore.20 In 2020, a 16-year-old girl sought assistance from the 181 helpline when her
parents attempted to coerce her into marriage in New Delhi. 21Moreover, in 2020, several
minor girls used the police helpline number 1098 to report being pressured into marriage in
Bangalore.

17
Kavita Vyas and Ved Prakash, “Imbalanced Sex Ratio in Haryana: Rural and Urban Dimensions” 64
Research Gate 241 (2021).
18
Government of India, “Child Marraiges by PIB Delhi” (Ministry of Women and Child Development, 4TH
AUGUST 2023)
19
Ibid.
20
“Bengaluru Girl, 15, Files Complaint Against Parents for Marrying Her Off”, The Times of India, June 04,
2021, available at: https://timesofindia.indiatimes.com/city/bengaluru/girl-15-files-complaint-against-parents-
for-marrying-her-off/articleshow/80591106.cms (last visited on Oct. 27, 2023).
21
Puneet Kumar Sharma, “Delhi: DCW Stops Child Marriage Involving 16-Year-Olds”, India Today, Feb. 05,
2020, available at: https://www.indiatoday.in/india/story/dcw-stops-child-marriage-1682876-2020-05-28 (last
visited on Oct. 31, 2023).

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Table 1: NFHS data on child marriage22

Women aged 20–24 years NFHS 4 (2015–2016) NFHS 5 (2019–2020)

married before age 18
years (%) – rural and
urban
West Bengal 41.6 41.6
Assam 30.8 31.8
Bihar 42.5 40.8
Gujarat 24.9 21.8
Karnataka 21.4 21.3
Maharashtra 26.32 21.9
Telangana 26.2 23.5
Uttar Pradesh 21.11 15.8
Odisha 21.3 20.52

Table 2: State cases filed under the PCMA (Prevention of child marriages act)2006 in
202023

STATES CASES
Assam 138
Bihar 5
Gujarat 15
Karnataka 184
Maharashtra 50
Odisha 24
Tamil Nadu 77
Telangana 60
Uttar Pradesh 12

22
Government of India, “National Family Health Survey” (Ministry of Women and Child Development) ,
India, available at : https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1947773 (last visited on 28th
October 2023)
23
Ibid.

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Table 3: State cases filed under the PCMA (Prevention of child marriages act)2006 in
202124

STATES CASES
Assam 155
Bihar 11
Gujarat 12
Karnataka 273
Maharashtra 82
Odisha 64
Tamil Nadu 169
Telangana 57
Uttar Pradesh 6

From the above statistics, one thing is also clear that in many states like UP, Bihar people are
still hesitant to report incidences of child marriage and it is not that there would have been
child marriages in such less numbers in states like UP and Bihar. 25 This can be verified by
insights from National family health survey (NFHS-5) 2019-2021 which makes it clearly
evident that, eight states have a higher prevalence of child marriage than the national average.
Among them, West Bengal, Bihar and Tripura top the list with more than 40% of women
aged 20-24 years married below 18. 26The other five states include Jharkhand, Assam, Andhra
Pradesh, Rajasthan and Telangana.

II. THE IMPACT OF COVID-19 ON CHILD MARRIAGES IN INDIA

The global impact of the Covid-19 pandemic has been profoundly devastating for children.
As schools closed, jobs vanished, and household incomes dwindled, families found
themselves compelled to arrange early marriages for their daughters to alleviate the financial
burden of raising them and to save on the expenses associated with traditional weddings. In
their Global Girlhood Report for 2020, Save the Children highlighted the year as one married

24
Ibid.
25
Child Marriage in India: Key Insights from the NFHS-5 (2019-21), India, available at:
https://india.unfpa.org/sites/default/files/pub-pdf/analytical_series_1_-_child_marriage_in_india_-
_insights_from_nfhs-5_final_0.pdf (last visited on 28th October 2023)
26
Supra Note 12

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by "irreversible setbacks and lost progress" for girls, forecasting that approximately 1 million
girls would be forced into early pregnancies due to child marriages. 27 This surge would
elevate the total count of child marriages to roughly 12.5 million in 2020. UNICEF, in its
analysis, warned that between 2021 and 2030, up to an additional 10 million girls might be at
risk of early marriage.28 The United Nations Population Fund (UNFPA) expressed its concern
that the Covid-19 pandemic could result in an extra 13 million child marriages worldwide
from 2020 to 2030.29 Compounded by delayed programs and escalating economic hardships
worldwide, this unfortunate situation could lead to an estimated 13 million more child
marriages over the course of a decade.30 In the wake of the Covid-19 outbreak, India
implemented one of the world's most stringent lockdowns on March 24, 2020, lasting for an
initial period of 21 days. This lockdown was subsequently extended for an additional 19 days
on April 14, 2020. Notably, the policy only allowed exceptions for "essential services" as
outlined in an order issued by the Ministry of Home Affairs. Unfortunately, this list excluded
schools, Anganwadi centres, and sexual and reproductive health and rights services, further
exacerbating the challenges faced by vulnerable populations during the pandemic. 31 While
official data on the prevalence of child marriages during the pandemic is not yet accessible,
the underlying factors that drive these early unions were undeniably present. These include
limited access to education, diminished availability of sexual and reproductive health
services, and economic hardships.

III. CAUSES OF CHILD MARRIAGES IN INDIA

Child marriage is a multifaceted issue rooted in a multitude of factors. It cannot be solely

attributed to poverty and resource constraints. Cultural norms that undervalue girls, the
pivotal role of marriage in society, legal frameworks governing property division, and
societal control over women's sexuality collectively contribute to the prevalence of child

27
Gabrielle Szabo and Jess Edwards, “The Global Girlhood Report 2020” 26 (2020)
28
UNICEF, “Covid-19: A Threat to Progress Against Child Marriage” (7th march 2021), available at:
https://data.unicef.org/resources/covid-19-a-threat-to-progress-against-child-marriage/ (last visited at 28
October 2023)
29
UNFPA, “Impact of the Covid-19 Pandemic on Family Planning and Ending Gender-Based Violence,
Female Genital Mutilation and Child Marriage” (APRIL 2022) available at:
https://www.unfpa.org/resources/impact-covid-19-pandemic-family-planning-and-ending-gender-based-
violence-female-genital (last visited on 28 th October 2023)
30
Ibid.
31
Abhishek Jha and Jamie Mullick, “How the World’s Strictest Lockdown Affected India”, Hindustan Times,
June 23, 2020, available at: https://www.hindustantimes.com/india-news/how-the-world-s-strictest-lockdown-
affected-india/story-hi96OxJcyZe53JHb5f6gwN.html (last visited on Oct. 28, 2023).

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marriages. The following list of causes of child marriage is indicative and does not aim to
provide a comprehensive explanation of the practice, given the complexity and diversity
within India.

(1) POVERTY AND LACK OF EDUCATION: - The economic condition of a

household plays a crucial role in fostering the practice of child marriage. Families
experiencing financial hardship often view this as a means to alleviate their economic
burdens and provide girls with an escape route from poverty. 32 However, in actuality,
girls from economically disadvantaged backgrounds are more likely to remain in
poverty, thus perpetuating a relentless cycle of intergenerational impoverishment.
(2) CASTE: - India rigidly adheres to the caste system in several ways, and one of its key
mechanisms of perpetuation is the institution of marriage, particularly through the
concept of endogamous marriage alliances. These alliances are designed to ensure that
marriages occur exclusively between families of the same varna and caste, adhering to
the notion of "ideal" unions. Given the emphasis on caste purity and pollution within
the upper castes and the patriarchal commitment to pure patrilineal succession, the
system prioritizes the control of women's sexuality and moral conduct as a central
safeguard for their ideological beliefs.33
(3) DOWRY: - In India, the tradition of dowry is deeply ingrained, where the bride's
family provides the groom with cash and/or gifts during the marriage ceremony. As
the daughter grows older, her pool of potential suitors diminishes, leading her parents
to offer larger dowries to secure a match. Consequently, families often opt to marry
their daughters at a young age in order to minimize the financial burden of dowry.34
(4) INADEQUATE IMPLEMENTATION OF LAWS: - Legislation aimed at
preventing child marriage has encountered significant challenges in its enforcement.
The implementation of the Prohibition of Child Marriage Act (PCMA) in 2006
remains notably lacking in effectiveness in India. 35 States have not allocated sufficient
budgets to facilitate the execution of this law, resulting in an overload of

32
Girls Not Bride, “Why It Happens” (2021), India, available at: https://www.girlsnotbrides.org/about-child-
marriage/why-child-marriage-happens/ (last visited on 28th October 2023)
33
B. Pramila, “Child Marriage: Scenario in India” 64 JSTOR 76 (2013).
34
Ibid
35
“The Prohibition of Child Marriage Act, 2006: A Good Law yet Ineffective”, Dna, Feb. 09, 2022, available
at: https://www.dnaindia.com/india/report-the-prohibition-of-child-marriage-act-2006-a-good-law-yet-
ineffective-2992397 (last visited on Oct. 28, 2023).

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 responsibilities for child marriage prohibition officers, some of whom are not fully
informed about their roles and obligations.
(5) CULTURAL PRACTISES AND CUSTOMS AND TRADITIONS: - It's crucial to
recognize that the persistence of child marriage is deeply entrenched in social norms
upheld and perpetuated by communities.36In various regions of India, child marriage
remains firmly rooted in religious convictions and traditions.

IV. NATIONAL LEGAL FRAMEWORK

The Constitution of India acknowledges the vulnerable status of children and their
entitlement to protection. Consequently, in accordance with the doctrine of protective
discrimination, Article 15 ensures special consideration for children by means of necessary
and distinct legal frameworks and policies that safeguard their rights. The principles of
equality, safeguarding life and personal freedom, as well as the prohibition of exploitation
enshrined in Articles 14, 15, 16, 17, 21, 23, and 24, reaffirm India's dedication to the security,
safety, and well-being of all its citizens, with a specific emphasis on the welfare of girl
children.37 Article 3938 mandates that the State must, in particular, direct its policies towards
ensuring that 'children are provided with opportunities and facilities to grow in a healthy
manner, in conditions of freedom and dignity, and that childhood and youth are protected
from exploitation and from moral and material neglect.

On a national level, the history of efforts to combat child marriage in India can be traced back
to the colonial era, with the introduction of the first law aimed at curbing child marriages in
1929. This legislation, known as the Sarda Act, prohibited the marriage of girls under the
age of 15 and boys under the age of 18. In 1978, the law underwent amendments to enhance
its effectiveness, raising the minimum marriage age by three years. Consequently, the age
limits were increased from 15 to 18 years for girls and from 18 to 21 years for boys. This
amended law became known as the Child Marriage Restraint Act, 1929. 39 The Indian Penal
Code (IPC) also contains certain provisions that can be brought to use to book a case of child

36
Ibid.
37
Teri Dobbins Baxter, “Child Marriage as Constitutional Violation” 19 Newada Law Journal 45 (2019).
38
The Constitution of India, art. 39 .
39
R. G. Bhandarkar, “History of Child-Marriage” 47 JSTOR 143 (1893).

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marriage or forced marriage. Under section 366 of the IPC40 kidnapping/abduction of a
woman to compel her marriage or for illicit intercourse and use of criminal intimidation or
any other method of compulsion is a punishable offence. Section 496 makes going through
the marriage ceremony with fraudulent intention a punishable offence. 41 Registration of
marriage is compulsory under the Christian Marriage Act, 1872, the Parsi Marriage and
Divorce Act, 1936, and the Special Marriage Act, 1954, and optional under the Hindu
Marriage Act, 1955.42

In 2006, the older legislation was repealed, and a new one was enacted, named the
Prohibition of Child Marriage Act, 2006. This new law introduced more stringent measures
to deter those involved in such practices and established a group of officials known as Child
Marriage Prohibition Officers, tasked with preventing child marriages from occurring.

V. The Prohibition of Child Marriage Amendment Bill ( 2021)

The proposed amendments will have far reaching effects in dealing with the menace of child
marriage in India. The bill introduces following amendments in the Prohibition of Child
Marriage Act,2006:-

(1) The proposed Bill seeks to modify the Prohibition of Child Marriage Act, 2006 by
elevating the minimum marriage age for females to 21 years. Furthermore, the Bill
is designed to take precedence over any other existing laws, customs, or practices.

(2) Under the current provisions of the 2006 Act, an individual who has been married
below the stipulated minimum age can request the annulment of their marriage
within two years of reaching adulthood (prior to turning 20 years of age). The Bill
seeks to extend this duration to five years (until the individual reaches 23 years of
age)." 43

40
Indian Penal Code,(1860) s. 366
41
Ibid s. 496
42
Child marriages and Personal laws, India, available: https://www.civilsdaily.com/news/child-
marriages- personal-laws/ ( last visited 28 October 2023)
43
The Prohibition of Child Marriage (Amendment) Bill, 2021, India, available at:
https://prsindia.org/billtrack/the-prohibition-of-child-marriage-amendment-bill-2021 ( last visited on 28th
October 2023)

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VI. INDIAN COURTS ON CHILD MARRIAGES

Following are the main judgments of Indian courts on the social evil of child marriage in
India.

1. Lajja v State44
The Delhi High court held that the PCMA prevails over personal laws.

2. Independent Thought v. Union of India,45

In a groundbreaking ruling on October 11, 2017, the Supreme Court of India
declared that sexual intercourse or sexual acts by a man with his minor wife
would be considered rape under Section 375 of the Indian Penal Code, 1860. The
Court, in its judgment, reinterpreted Exception 2 to Section 375, which previously
stated that sexual intercourse or sexual acts by a man with his own wife, provided the
wife was not below 15 years of age, would not be considered rape. The Court's
interpretation clarified that engaging in sexual activity with a minor, even if married,
would be classified as rape, and the exception would not apply in cases where the
wife is between the ages of 15 and 18.

3. P. Venkataraman v. State46,
In this case court held that the sole outcome of a child marriage is that the individuals
involved may face penalties under Section 18 of the Hindu Marriage Act, 1955.
Additionally, if the parties involved desire it, a divorce decree may be granted.

4. Ranjeet Singh vs State of Punjab and Ors (2021)47

In the legal matter of 'Ranjeet Singh vs. State of Punjab and Ors' (2021), the High
Court addressed the release of a minor who was detained in a Nari Niketan after
marrying of her own accord to a man from a different caste. In this case, the High

44
Lajja Devi) v State and Ors,2013 Cri LJ 3458
45
(2017) 10 SCC 800
46
AIR 1977 AP 43
47
1959 AIR 843

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 Court determined that the consent of a minor in the context of a child marriage holds
little weight. The High Court observed that despite the minor's refusal to return to her
father's home, she reported no difficulties in the Nari Niketan. Consequently, the
Court ordered her to remain in the Nari Niketan until she reaches the age of majority
or expresses a willingness to return to her parental home.

5. Sankar vs State of Tamil Nadu48

In the case of 'Sankar vs. State of Tamil Nadu' (2021), the accused contended that the
female complainant was over 18 years old and engaged in a consensual live-in
relationship with him. The complainant, on the other hand, testified that she was
under 18 years old, engaged in sexual relations, and married the accused due to threats
and coercion. The accused had concealed information about his previous marriage
from her, and they had two children together. The parties involved sought to reach a
compromise in court and submitted an affidavit to that effect. However, the High
Court pointed out that because the case also involved an instance of aggravated
penetrative assault under the POCSO Act, no compromise could be entertained.

VII. RECENT MAJOR INITIATIVES CRACKDOWN BY INDIAN

STATES

The State of Assam and Odisha have taken concrete steps to curb the menace of Child
Marriages in their states. But there is a difference in the plan of action adopted by two states
in order to achieve the same objective.

(1) ASSAM: - Assam's Chief Minister, Himanta Biswa Sarma, and his administration
intensified their endeavours to address the numerous reported cases of child marriage
in the state. In February 2023, the police initiated a large-scale operation against
groups involved in child marriages, aiming to rescue girls and apprehend those
responsible. As part of this initiative, the Assam government has detained more than
2,000 individuals in their campaign against child marriages in the state. Despite the
significant public outcry, Assam's Chief Minister, Himanta Biswa Sarma, reaffirmed

48
Crl.A.No.551 of 2020

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 the state's commitment to combat child marriage, even in the face of more than 2,000
people already being apprehended in connection with these cases.49

(2) ODISHA:- While Assam faces widespread arrests for child marriage, drawing
criticism for the abruptness of its aggressive approach, Odisha has been adopting a
more long-term strategy over the past four to five years to foster social and
behavioural change. This multi-faceted approach includes measures such as
monitoring the attendance of girls in schools and villages across all districts. Reports
on these numbers are forwarded to the district administration, which subsequently
deploys representatives for counselling. 'Advika – Every Girl is Unique' serves as a
comprehensive platform that connects various programs targeting girls aged 10 to 19.
Chief Minister Naveen Patnaik has issued guidelines for the declaration of villages as
child-marriage-free zones. Additionally, monetary incentives are provided for
particularly vulnerable tribal groups, while individual districts have devised their own
strategies to combat the issue. As a result of these efforts, Odisha has seen an overall
reduction in child marriage prevalence, decreasing from 21.3% in the National Family
Health Survey-4 to 20.5% in NFHS-5. Nevertheless, the district of Nabarangpur in
southern Odisha faced a pressing challenge. Data indicated that 39.4% of girls in
Nabarangpur were married before the age of 18, a significantly higher rate compared
to the state average of 20.5% and the national average of 23.3%. Only 15.5% of
women in the district had completed 10 years or more of schooling. To address this,
50 panchayats were identified as particularly vulnerable due to their high incidence of
child marriages.50

(3) KERALA: - "In its efforts to combat child marriages, the government has initiated a
campaign to raise public awareness about the harmful consequences of such unions
and promote the Ponvakk project, aimed at preventing them. Recognizing the need
to address the underreporting of child marriages, the government has also introduced
an incentive program to encourage the public to report such marriages to the Women

49
Sneha Swaminathan, “EXPLAINED | Crackdown on Child Marriage in India's Assam: What Really
Happened?”, Wion, available at: https://www.wionews.com/india-news/explained-child-marriage-crackdown-
in-indias-assam-what-really-happened-563186 (last visited on Oct. 29TH , 2023).
50
Satya Sundar Barik, “Odisha’s ‘silent’ Assault on Child Marriage”, The Hindu, available at:
https://www.thehindu.com/news/national/other-states/odishas-silent-assault-on-child-
marriage/article66508858.ece (last visited on Oct. 31, 2023).

16 | P a g e
 and Child Development Department before they are solemnized. As part of the
Ponvakk initiative, individuals who provide information about impending child
marriages will receive a reward of ₹2,500. The government has allocated ₹5
lakh for granting incentives to those who report such marriages, and the funds have
been disbursed to District Women and Child Development Officers to implement the
project in the current year.51

All child marriage prohibition officers in the state have been instructed to inform
elected representatives, local self-government officials, and the public about the
Ponvak project. They are also responsible for taking immediate action to prevent
these marriages upon receiving information. Measures have been put in place to
ensure the confidentiality of informers, and the District Women and Child
Development Officer will only award the incentive if the details provided in advance
of the marriage are accurate. Individuals who report after the marriage will not be
eligible for the reward, and in the event of multiple informants, priority will be given
to those who provide information first."

VIII. PROBLEMS AND CHALLENGES

Following are the main problems and challenges in tackling with the menace of child
marriage in India

(1) Inadequacy of law, conflicting laws and poor implementation: - The current child
marriage law is flawed both in its design and execution. The Prohibition of Child
Marriage Act, 2006 requires an amendment to render all child marriages null and
void.52 As it stands, only marriages arising from the use of force, threat, fraud,
kidnapping, or a violation of a court injunction order to prevent such a marriage are
considered null and void. Child marriages, in and of themselves, remain legally valid
unless one of the parties involved seeks to annul it, a rare occurrence. Consequently, it
has been observed that the law fails to serve as an effective deterrent, despite the
increased penalties. Moreover, the concerned authorities are not effectively enforcing

51
Ibid.

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 the law, as child marriages continue to be perceived as a social issue rather than a
criminal act, leading to ongoing occurrences of child marriages.

(2) Deficient Policies and Plans:- The prevention of child marriage has predominantly
been addressed within policies concerning women's rights. Consequently, the
National Policy for Children, 2013 only makes a single, indirect reference to child
marriage, specifically in the context of children who are not attending school. 53 This
inadvertently acknowledges the persistence of early-age child marriages and
underscores the need to identify, rescue, rehabilitate, and ensure the right to education
for children who are married and fall out of the school system.

(3) Programmes and Schemes are lacking: - There are currently no dedicated programs
or initiatives specifically aimed at addressing the issue of child marriage. One primary
reason for this is that most of the existing schemes focus on the overall development
of the girl child, with the problem of child marriage being addressed only as an
indirect by product. Child marriage has predominantly been handled as part of the
government's broader efforts in women's reproductive health and the empowerment of
adolescent girls.
While reproductive health is undoubtedly a crucial concern, particularly for young
girls who marry at an early age, it is essential to recognize that women's health has not
historically been a priority in a patriarchal societal framework. Consequently,
campaigns and other initiatives that approach the issue of child marriage from a
reproductive health perspective have struggled to elicit a strong emotional response
from society at large. Even efforts to incorporate child marriage into school curricula
and promote girls' education as a means to combat this practice have not yielded the
desired results. On the contrary, the lack of adequate protection for girls who leave
their homes for education or employment is often cited as a reason for them being
married off at an early age.

53
National Policy for Children 2013, India, available at: https://www.cbgaindia.org/wp-
content/uploads/2016/04/National_Policy_for_Children_2013.pdf (last visited 30th 2023)

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IX. CONCLUSION AND SUGGESTIONS

It goes without saying that India has made remarkable progress toward ending child
marriage, but despite of progress, India remains home to the largest number of child
brides worldwide. One more thing is also clear that despite advancements on many
fronts, the rate of decline is not sufficient to reach the target of eliminating the
practice by 2030, as set out in the Sustainable Development Goals. So, elimination
of early marriage is a clear starting point. And there are certain other steps which
needs to be taken to completely eradicate the menace of child marriage from India.
For instance, Child marriage has yet to receive the attention it deserves as a violation
of human rights of children. This can be proved by the fact that, the child marriage is
categorized within the purview of women's welfare, rather than the section dedicated
to children, within the government of India, reflects a lack of recognition of it as a
child rights issue. A similar trend is observed in the initiatives carried out by civil
society organizations. Consequently, child marriage or early marriage is
predominantly approached as a health-related concern, and interventions and
programs are primarily designed to tackle it as such, falling under the broader domain
of reproductive and sexual health initiatives. Another concrete step in fighting child
marriage in marriage would be keeping girls in schools for a longer period so as to
delay marriage. However, the current Right to Free and Compulsory Education Act of
2009 only covers children up to 14 years old. This legislation should be amended to
allow all children, especially girls, to continue their education up to the age of 18,
making education affordable and accessible. In addition to above stated strategies, one
more thing shall be kept in mind i.e. Effective measures to combat child marriages
must address the prevailing power dynamics in society. They should aim to challenge
existing patriarchal, social, and cultural structures, as well as class, religious, and
customary practices. Comprehensive government actions, including providing
genuine development opportunities for girls, are essential.

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 BIBLIOGRAPHY

PRIMARY SOURCES
LEGISLATION-

1) The Constitution of India.

2) Indian Penal Code.
3) Prevention of Child Marriage Act.

JOURNALS
1) Saumya Medireddy, “Patriarchy in Indian Marriage” The Armchair Journal
2) Ishita Pandey, “Phulmoni's Body: The Autopsy, the Inquest and the Humanitarian
Narrative on Child Rape in India” 4 Talor & Francis (2013
3) Neeraj Hatekar, Rajni Mathur and Pallavi Rege, “Legislating' Social Change:
Strange Case of the Sarda Act” 42 JSTOR 145 (2007).
4) Kavita Vyas and Ved Prakash, “Imbalanced Sex Ratio in Haryana: Rural and
Urban Dimensions” 64 Research Gate 241 (2021).
5) Teri Dobbins Baxter, “Child Marriage as Constitutional Violation” 19 Newada
Law Journal 45 (2019).
6) R. G. Bhandarkar, “History of Child-Marriage” 47 JSTOR 143 (1893).

CASE LAWS
1) 2013 Cri LJ 3458
2) (2017) 10 SCC 800
3) AIR 1977 AP 43
4) 1959 AIR 843
5) Crl.A.No.551 of 2020

REPORTS

1) Unchained at last, UNITED STATES-CHILD MARRAIGE PROBLEMS, America,

available at: https://www.unchainedatlast.org/united-states-child-marriage-problem-
study-findings-april-2021/
2) UNICEF, “Child Marraige” (4th june 2021) available at:
https://data.unicef.org/topic/child-protection/child- marriage/#:~:text=Across
%20the%20globe%2C%20levels%20of,Caribbean%20(21
%20per%20cent)
3) Plan International, “Child Marriage in India” (2022) available at: https://plan-
international.org/publications/child-marriage-in-india/
4) Government of India, “National Family Health Survey 2019-21” 5 (Ministry of
Health and Family Welfare, 2021

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 5) Government of India, “National Family Health Survey 2015-16” 5 (Ministry of
Health and Family Welfare, 2016)
6) UNICEF, “Covid-19: A Threat to Progress Against Child Marriage” (7th march
2021), available at: https://data.unicef.org/resources/covid-19-a-threat-to-progress-
against- child-marriage/
7) UNFPA, “Impact of the Covid-19 Pandemic on Family Planning and Ending
Gender- Based Violence, Female Genital Mutilation and Child Marriage” (APRIL
2022) available at: https://www.unfpa.org/resources/impact-covid-19-pandemic-
family- planning-and-ending-gender-based-violence-female-genital
8) Girls Not Bride, “Why It Happens” (2021), India, available at:
https://www.girlsnotbrides.org/about-child-marriage/why-child-marriage-happens/

SECONDARY SOURCES-
BOOKS-
1) Mamta Rao, Law Relating to Woman and Child (Eastern Book Company, Gurgaon,
India, 2023).

INTERNET SOURCES

2) “Bengaluru Girl, 15, Files Complaint Against Parents for Marrying Her Off”, The
Times of India, June 04, 2021, available at:
https://timesofindia.indiatimes.com/city/bengaluru/girl-15-files-complaint-against-
parents-for-marrying-her-off/articleshow/80591106.cms (last visited on Oct. 27,
2023).
3) Child marriages and Personal laws, India, available:
https://www.civilsdaily.com/news/child-marriages-personal-laws/ ( last visited 28
October 2023)
4) The Prohibition of Child Marriage (Amendment) Bill, 2021, India, available at:
https://prsindia.org/billtrack/the-prohibition-of-child-marriage-amendment-bill-
2021 ( last visited on 28th October 2023)
5) Sneha Swaminathan, “EXPLAINED | Crackdown on Child Marriage in India's
Assam: What Really Happened?”, Wion, available at:
https://www.wionews.com/india-news/explained-child-marriage-crackdown-in-
indias-assam-what-really-happened-563186 (last visited on Oct. 29TH , 2023).
6) Satya Sundar Barik, “Odisha’s ‘silent’ Assault on Child Marriage”, The Hindu,
available at: https://www.thehindu.com/news/national/other-states/odishas-silent-
assault-on-child-marriage/article66508858.ece (last visited on Oct. 31, 2023).
7) National Policy for Children 2013, India, available at:
https://www.cbgaindia.org/wp-
content/uploads/2016/04/National_Policy_for_Children_2013.pdf (last visited 30th
2023)
9) Government of India, “National Family Health Survey 2015-16” 5 (Ministry of
Health and Family Welfare, 2016)
10) UNICEF, “Covid-19: A Threat to Progress Against Child Marriage” (7th march
2021), available at: https://data.unicef.org/resources/covid-19-a-threat-to-progress-
21 | P a g e
 against- child-marriage/
11) UNFPA, “Impact of the Covid-19 Pandemic on Family Planning and Ending
Gender- Based Violence, Female Genital Mutilation and Child Marriage” (APRIL
2022) available at: https://www.unfpa.org/resources/impact-covid-19-pandemic-
family- planning-and-ending-gender-based-violence-female-genital
12) Girls Not Bride, “Why It Happens” (2021), India, available at:
https://www.girlsnotbrides.org/about-child-marriage/why-child-marriage-happens/

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