POSITION PAPER
Committee: UN Women
Country: Republic of India
Delegate Name: Bidhata Pantha
Agenda: Eliminating Child, Early and Forced Marriage by 2030 to Empower Girls and
Uphold Women's Rights
Background
Child, early, and forced marriage (CEFM) undermines girls’ health, education, and future
prospects. Globally, approximately 12 million girls are married before age 18 each year. India
accounts for roughly one-quarter of the world’s child brides. Despite legislative progress,
CEFM persists, especially in rural and marginalized communities. Major drivers include
poverty, gender norms, dowry practices, and weak enforcement.
Current Policy
Constitutional Provisions: Article 15(3) permits special protections for women and children;
Article 23 prohibits forced marriage as a form of trafficking; Article 21 recognizes the right to
marry at a proper age; Article 24 prohibits child labor, indirectly discouraging child marriage.
Prohibition of Child Marriage Act, 2006 (PCMA): Defines a child as female under 18 and male
under 21. Child marriages are voidable at the minor’s option or by a Child Marriage Prohibition
Officer (CMPO). Penalties include up to two years’ imprisonment and/or fines for solemnizing
or promoting child marriage. Each State appoints CMPOs to monitor and intervene.
POCSO Act, 2012: Criminalizes sexual intercourse with a spouse under 18 as statutory rape,
punishable by minimum seven years’ imprisonment. Ensures rescue and rehabilitation of minor
spouses.
Related IPC Provisions: Section 366B penalizes importing girls under 21 for marriage (up to
10 years’ jail). Section 498A covers cruelty often linked to forced marriage; Sections 370–374
address human trafficking.
Supporting Laws: Dowry Prohibition Act (1961), Domestic Violence Act (2005), SC/ST
Atrocities Act (1989) all provide protections against coercion, abuse, and forced marriage
practices.
Statistical Context
NFHS-5 (2019–21) reports 18.2% of women aged 20–24 were married before 18 (down from
26.8% in 2015–16). Rural areas (21%) remain higher than urban (11%).
UNICEF (2023) estimates India contributes to one-quarter of global child brides, with roughly
12 million underage marriages annually.
Proposed Resolutions
• Support India’s pending amendment raising minimum marriage age to 21 as a model for
global adoption.
• Establish an international Child Marriage Data Repository, sharing best practices,
prevalence data, and program outcomes.
• Create a Regional Capacity Building Fund to train local officers (e.g., CMPOs) in detection,
prevention, and rescue operations.
• Encourage Member States to invest in girls’ education through conditional cash transfers,
increasing retention and delaying marriage.
• Promote collaboration between UN Women, UNICEF, and local NGOs to implement
community-driven awareness campaigns targeting harmful norms.
Conclusion
India has developed a robust legal framework to combat CEFM, yet enforcement gaps remain.
Leveraging pending reforms, data-driven monitoring, and regional cooperation can accelerate
progress toward eliminating CEFM by 2030. As the delegate of the Republic of India, I propose
collaborative initiatives that strengthen legal protections, empower girls through education, and
engage communities in transforming harmful norms.
Bibliography
1. https://legislative.gov.in/actsofparliamentfromtheyear/prohibition-child-marriage-act-2006
2. https://www.indiacode.nic.in/bitstream/123456789/2079/1/AA2012-32.pdf
3. https://dhsprogram.com/pubs/pdf/FR375/FR375.pdf
4. https://data.unicef.org/wp-
content/uploads/2023/05/Is_an_End_to_Child_Marriage_Within_Reach-3.pdf
5. https://socialwelfare.tripura.gov.in/sites/default/files/Dowry/Prohibition/Act/201961.pdf
6. https://cdn.ncw.gov.in/wp-
content/uploads/2023/06/TheProtectionofWomenfromDomesticViolenceAct2005_0.pdf
7. https://prsindia.org/billtrack/the-prohibition-of-child-marriage-amendment-bill-2021
8. https://www.ibef.org/government-schemes/beti-bachao-beti-padhao
9. https://www.indiacode.nic.in/bitstream/123456789/15480/1/special_marriage_act.pdf
