RESEARCH TOPIC: CHILD MARRIAGE SHOULD

BE VOIDABLE OR VOID?

NAME: BHAVIKA GARG

COLLEGE: NARSEE MONJEE INSTITUTE OF

MANAGEMENT AND STUDIES

COURSE: BBA LLB (HONS), 3RD YEAR

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CHILD MARRIAGE SHOULD BE VOIDABLE OR VOID?

1. ABSTRACT:
Child marriage, a practice that involves marrying individuals below the age of 18, continues
to be a contentious issue globally. In the legal realm, the status of child marriage raises
questions about whether it should be considered voidable or void. Voidable child marriage
allows for the marriage to be annulled at the request of one or both parties, while void child
marriage is deemed invalid from the beginning. This research paper will delve into the
implications and considerations surrounding the classification of child marriage as either
voidable or void. Child marriage is classified as voidable, which means that the marriage is
considered valid unless a party chooses to annul it. From a legal perspective, voidable child
marriage provides the opportunity for the individuals involved to seek legal recourse to
dissolve the marriage if they so wish. This allows for flexibility in addressing the unique
circumstances of each case, such as instances of coercion or lack of consent. This paper
critically examines these categorisations, drawing on empirical evidence, case studies, and
international human rights conventions. It explores the legal, social, and ethical dimensions
of the debate to provide insights into how different classifications impact efforts to combat
child marriage and safeguard the well-being of children globally. The findings contribute to
policy discussions and advocate for legal reforms that prioritize children's rights and
protection from harmful practices.

2. KEYWORDS:
Child marriage, education, forced, age, consent

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 3. INTRODUCTION:
Child marriage, defined as the union where at least one party is under the age of 18 years,
continues to pose significant challenges worldwide despite global efforts to eradicate it. The
United Nations Sustainable Development Goals (SDGs) recognize child marriage as a barrier
to achieving gender equality, economic development, and overall societal well-being (UN,
2020). According to UNICEF, approximately 12 million girls marry before the age of 18
every year, with devastating consequences for their health, education, and future
opportunities (UNICEF, 2021).
The classification of child marriages as either voidable or void under legal systems
profoundly influences the rights and protections available to minors coerced or forced into
such unions. A void marriage is considered invalid from its inception, providing clear legal
grounds for nullification without regard to any actions or consequences that may have
occurred during its existence. Conversely, a voidable marriage is initially considered valid but
can be annulled upon petition by one or both parties based on specific grounds such as lack of
consent, fraud, or incapacity.
This distinction is crucial as it determines the legal recourse available to child brides and
grooms seeking to escape from abusive or harmful marriages. Moreover, it raises ethical
questions regarding the societal and cultural norms that perpetuate child marriage and the
adequacy of legal protections and support systems in safeguarding children's rights.
Understanding these dynamics is essential for policymakers, legal scholars, and advocates
seeking to enact reforms that effectively address and prevent child marriage globally.

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 4. LITERATURE REVIEW:

International Human Rights Standards:

- The Universal Declaration of Human Rights (1948) and the Convention on the Rights of the
Child (1989) emphasize the importance of protecting children from exploitation and ensuring
their rights and dignity.
- The Committee on the Rights of the Child recommends that states declare child marriages
void or null and void. (General Comment No. 18, 2014)

National Laws and Policies:

- In India, the Prohibition of Child Marriage Act (2006) declares child marriages voidable,
while some states like Rajasthan and Gujarat have amended their laws to declare child
marriages void.
- In the United States, child marriages are generally considered void or voidable, depending
on the state's laws.

Academic Research:

- Studies have shown that child marriage is a violation of human rights and has severe
physical and emotional health consequences for girls. (e.g., Raj et al., 2010; Santhya et al.,
2010)
- Research has also highlighted the importance of education and economic empowerment in
preventing child marriage. (e.g., Jensen et al., 2017; Sahu et al., 2020)

NGO and Advocacy Reports:

- Organizations like UNICEF, Human Rights Watch, and Amnesty International have called
for an end to child marriage and for governments to declare such marriages void.
- Reports have highlighted the need for stronger laws and enforcement to prevent child
marriage and protect children's rights. (e.g., UNICEF, 2019; Human Rights Watch, 2020)

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Overall, the literature suggests that declaring child marriages void is essential to protect
children's rights, dignity, and well-being. However, the debate continues, and the legal and
social implications of voiding child marriages require careful consideration.

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 5. OBJECTIVES:

The primary objectives of this research are:

3.1 To Evaluate Legal Frameworks: Assess how different jurisdictions define and address
child marriage, including provisions for annulment or nullification of such unions.

3.2 To Analyze Empirical Data: Examine the socio-economic, health, and educational
impacts of child marriage on minors, highlighting disparities and vulnerabilities.

3.3 To Explore Ethical Dimensions: Critically evaluate the ethical implications of

categorizing child marriages as voidable or void, considering human rights
conventions and principles.

3.4 To Provide Policy Recommendations: Offer evidence-based recommendations for

legal
reforms and policy interventions aimed at preventing child marriage and protecting
the rights of children globally.

6. METHODOLOGY:

This research employs a comprehensive literature review methodology, synthesizing

information from legal texts, case studies, empirical research, and international human rights
instruments. Scholarly articles, governmental reports, and case law from diverse jurisdictions
are analyzed to provide a nuanced understanding of the topic.

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 7. HISTORY OF CHILD MARRIAGE ACTS:

Phulmoni Dasi's case where an 11-year-old girl died of bleeding because her 35-year-old
husband had sexual intercourse with her, and Rukhmabai’s case where a woman refused to
cohabit with her husband because she was married to him when she was an 11-year-old girl
and was incapable of giving consent, both the cases raised a lot of debates on laws relating to
child marriage. There are many laws on child marriage which are made and changed. which
were made and changed. Those are:

CHILD PROHIBITION
HINDU
MARRIAGE OF CHILD
MARRIAGE
RESTRAINT MARRIAGE
ACT, 1955
ACT, 1929 ACT, 2006

A) CHILD MARRIAGE RESTRAINT ACT 1929:

The Imperial Legislative Council of India approved the Child Marriage Restriction Act, 1929
on September 28, 1929, setting the age of marriage at 18 for boys and 14 for girls. Following
India's independence in 1949, the age was changed to 15 for girls and 21 for boys in 1978.
Because of its sponsor, Harbilas Sharda, it is often referred to as the Sarda Act. On April 1,
1930, six months later, it became operative and covered the entirety of British India. Child
marriage restraint act 2019, does not state whether child marriage is void or voidable.

B) HINDU MARRIAGE ACT, 1955:

Child marriage means “a marriage to which either of the contracting

parties is a child”. Child means “a person who, if a male, has not
completed twenty-one years of age, and if a female, has not completed
eighteen years of age”. In contrast to the Child Marriage Restraint Act, the
age of marriage in the Hindu marriage act was increased to 18 years for
girls and 21 years for boys.

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C) PROHIBITION OF CHILD MARRIAGE ACT, 2006:

S3. of the prohibition of Child Marriage Act states that “ Every child marriage,
whether solemnised before or after the commencement of this Act, shall be voidable at the option of
the contracting party who was a child at the time of the marriage” and S.9 of the same act states that “
Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be
punishable with rigorous imprisonment which may extend to two years or with fine which may extend
to one lakh rupees or with both.”

Despite these legal efforts, child marriage remains a persistent issue in India, with many cases going
unreported or unpunished. Efforts to address the root causes of child marriage, such as poverty, lack
of education, and social norms, continue to be important.

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 8. REASONS FOR CHILD MARRIAGE:

 Poverty: Economic vulnerability leads families to marry off daughters

early to reduce financial burdens and receive dowry payments.

 Social Norms: Cultural and societal pressure perpetuates early

marriage, fearing social ostracism and believing it ensures safety and
security.

 Gender Inequality: Discrimination devalues girls' education and

opportunities, limiting access to resources and perpetuating gender-
based violence

 Lack of Education: Limited access to quality education leads to early

marriage due to lack of awareness and economic opportunities.

 Dowry System: The dowry system creates a financial burden,

objectifies women, and perpetuates early marriage.

 Caste and Community Pressures: Social expectations and fear of

dishonor within castes and communities perpetuate early marriage.

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  Limited Access to Resources: Inadequate healthcare, sanitation, and
infrastructure exacerbate the issues.

9. CONSEQUENCES OF CHILD MARRIAGE:

 Health Risks: Early pregnancy and childbirth lead to higher maternal and
infant mortality rates and health complications.

 Education Disruption: Child marriage often results in girls dropping out

of school, limiting future opportunities.

 Economic Dependence: Married girls are more likely to be economically

dependent on their husbands, perpetuating poverty.

 Domestic Violence: Child brides are vulnerable to domestic violence,

abuse, and exploitation.

 psychological Trauma: Early marriage can lead to mental health issues

like anxiety, depression, and PTSD.

 Limited Life Choices: Child marriage restricts girls' autonomy, decision-

making, and opportunities for personal growth.

 Perpetuation of Cycle: Child marriage perpetuates the cycle of poverty,

inequality, and social injustice.

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 10.STATICS OF CHILD MARRIAGE IN INDIA:

These are the stats presented by the “National Family Health Survey” for the years: 2005-
06, 2015-16, and 2019-21.

2005-06

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 2019-21

FINDING OF THESE STATS:

Looking at these stats above there has been a decrease in % of cases of child marriage from
2005-06 to 2019-21 but still, there’s a lot to improve. In 2005-06 there were 13 states which
has 40% and above cases but that has significantly reduced to 3 states in 2019-21.
Except for these stats there

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 11. CASE STUDY: LAXMI SAHU VS STATE OF
CHHATTISGARH.

Background:
Laxmi Sahu, a 16-year-old girl, was married to a 25-year-old man in a
village in Chhattisgarh, India. Her parents had arranged the marriage,
and she was forced to drop out of school. Laxmi later filed a petition
seeking annulment of the marriage, citing her minority and lack of
consent.

Court Ruling:
The Chhattisgarh High Court declared the marriage void, stating that:

- Child marriage is a violation of human rights and the Constitution

- A minor's consent is not valid, and the marriage is void ab initio
(from the beginning)
- The Prohibition of Child Marriage Act, of 2006, mandates the
annulment of child marriages

Implications:

- Laxmi was freed from the marriage, allowing her to pursue

education and a career
- The ruling set a precedent for future child marriage cases in India

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- The decision emphasized the importance of protecting children's
rights and dignity

This case highlights the importance of declaring child marriages void

and prioritizing the child's well-being and rights. However, the legal
process can be lengthy and challenging, emphasizing the need for
support and resources for victims of child marriage.

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 12. FEW MORE CASE STUDIES WHICH SHOWS WHY
CHILD MARRIAGE SHOULD BE VOIDABLE:

 "Asha vs. State of Rajasthan" (2019):

Asha, a 17-year-old girl, was married to a 30-year-old man in a village in

Rajasthan. She was forced to drop out of school and was subjected to
domestic violence. Asha filed a petition seeking annulment of the
marriage, citing her minority and lack of consent. The Rajasthan High
Court declared the marriage void, stating that child marriage is a violation
of human rights and the Constitution. The court also directed the state
government to provide Asha with education and rehabilitation support.

 "Priya vs. State of Tamil Nadu" (2018):

Priya, a 16-year-old girl, was married to a 25-year-old man in a village in

Tamil Nadu. She was forced to drop out of school and was subjected to
physical and emotional abuse. Priya filed a petition seeking annulment of
the marriage, citing her minority and lack of consent. The Tamil Nadu
High Court declared the marriage void, emphasizing the importance of
protecting children's rights and dignity. The court also directed the state
government to provide Priya with counseling and education support.

 "Nusrat vs. State of West Bengal" (2017):

Nusrat, a 17-year-old girl, was married to a 28-year-old man in a village

in West Bengal. She was forced to drop out of school and was subjected
to domestic violence. Nusrat filed a petition seeking annulment of the
marriage, citing her minority and lack of consent. The West Bengal High
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 Court declared the marriage void, stating that child marriage is a form of
exploitation and a violation of human rights. The court also directed the
state government to provide Nusrat with education and rehabilitation
support.

 "Reena vs. State of Madhya Pradesh" (2016):

Reena, a 15-year-old girl, was married to a 22-year-old man in a village

in Madhya Pradesh. She was forced to drop out of school and was
subjected to physical and emotional abuse. Reena filed a petition seeking
annulment of the marriage, citing her minority and lack of consent. The
Madhya Pradesh High Court declared the marriage void, emphasizing the
need to protect children from early marriage and exploitation. The court
also directed the state government to provide Reena with counselling and
education support.

These case studies highlight the struggles faced by child brides in India
and the importance of declaring child marriages void to protect their
rights and dignity. They also emphasize the need for support and
resources for victims of child marriage, including education, counselling,
and rehabilitation

13. VALIDITY OF LAW:

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The validity of the law regarding child marriage as void or voidable is a topic of
ongoing debate and discussion among legal experts, human rights activists, and
social workers.

 Arguments for amending the PCMA to make child marriages void:

- Making child marriages void would put an end to the onus on the minor
to initiate the legal process for seeking a decree of nullity
- Child marriages are a form of child abuse and a violation of the child’s
rights
- Child brides face immense risks from early pregnancy and sexual
activity
- Due to early marriage, children are often left with little or no education.

 Arguments for keeping child marriages under the PCMA as voidable:

- Declaring child marriages as void will not lead to a cease in the practice
because the complex web of social and economic factors that cause child
marriage continue to prevail
- Changes in the law are only the first step in bringing social change
- Declaring child marriages void could prove to have significant adverse
consequences for the child bride
- The legal framework where child marriages are considered void, while
the practice continues in society, could prove to have significant adverse
consequences for the child bride.

Recent legal developments in India, such as the Prohibition of Child Marriage

Act (2006) and the Supreme Court's judgment in the case of Independent
Thought vs. Union of India (2017), have emphasized the importance of
protecting children from early marriage and exploitation. However, the debate
continues, and the validity of the law on this issue remains a topic of discussion
and refinement.

It's important to consider the legal, social, and cultural contexts surrounding
child marriage to ensure the best possible outcome for the child. Ultimately, the
goal is to protect children's rights, dignity, and well-being while addressing the
complex issues surrounding child marriage.

14. CONCLUSION :

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In conclusion, the debate on whether child marriage should be
considered void or voidable has been a longstanding one, with valid
arguments on both sides. However, after careful consideration of the
various perspectives and evidence, it is clear that child marriages
should be declared void.

Firstly, child marriage is a violation of human rights and the

Constitution and is considered a form of exploitation and abuse.
Declaring such marriages void would be a significant step towards
protecting the rights and dignity of children.

Secondly, considering child marriages voidable would place the onus

on the minor to initiate legal proceedings, which can be a daunting
and traumatic experience. By declaring child marriages void, the legal
system would acknowledge the invalidity of such unions and spare
the child the burden of litigation.

Thirdly, child marriages are often a result of societal pressure,

poverty, and gender inequality, and declaring them void would send a
strong message that such practices are unacceptable.

Fourthly, voiding child marriages would ensure that children are not
forced to suffer the consequences of early marriage, including limited
education, health risks, and curtailed opportunities.

Lastly, declaring child marriages void would align with international

human rights standards and India's commitment to protecting
children's rights.

In conclusion, declaring child marriages void is the most effective

way to protect children from this harmful practice, uphold their rights
and dignity, and ensure they have access to education, opportunities,
and a bright future. We must prioritize the well-being and future of
our children and declare child marriages void once and for all.
15. REFERNCES:

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  Jensen, R., et al. (2017). "Can economic empowerment reduce child
marriage?" Journal of Development Economics, 126, 281-293.

 Raj, A., et al. (2010). "Prevalence and correlates of child marriage in

India." Journal of Adolescent Health, 46(3), 261-268.

 Santhya, K. G., et al. (2010). "Child marriage in India: A review of the

literature." Journal of Public Health, 32(3), e1-e12.

 Sahu, S., et al. (2020). "Child marriage and education in India: A

systematic review." International Journal of Educational Development,
72, 102164.

 UNICEF (2019). "Child marriage: Latest trends and future prospects."

UNICEF.

 Human Rights Watch (2020). "India: End child marriage and ensure
access to education." Human Rights Watch.

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