Child Marriages- A rise in Karnataka

Rajani.V.Aithal

India is a country which is deeply bounded with traditions and customs. No doubt traditions and customs are good as they help the human beings to live in a civilized manner. One such evil practice is the practice of Child Marriage which is still practiced and misused by the people for their own interests. Marriage before the age of 18 is considered illegal and is called child marriage and is a reality for many young women even today. The present article highlights the issue of Child Marriage keeping in perspective the alarming rise in child marriages in Karnataka.

The over-all scenario of Child Marriages in India

Percentage of women aged 20-24 who were married/in union before the age of 18

Countries or territories / Year / Total / Residence / Wealth Index Quintiles / Source
Urban / Rural / Poorest / Second / Middle / Fourth / Richest
India / 1992-1993 / 54 / NA / NA / NA / NA / NA / NA / NA / DHS
India / 1998-1999 / 46 / 26 / 55 / 74 / 66 / 53 / 35 / 16 / DHS
India / 2005-2006 / 47 / 29 / 56 / 75 / 67 / 52 / 37 / 16 / NFHS

Even though child marriage is prohibited in the country under Child Marriage Restraint Act of 1929 but it still takes place. It is widely prevalent in North India but recent studies shows that it is widely increasing in South India. Gujarat and Andhra Pradesh tops the list in child marriages. It seems that two out of five girls are married off before they attain 18 years in Karnataka says a study. The Report of Child Rights Trust says in its observatory that North Karnataka leads in the percentage of such child marriages with Raichur District at 59.4 per cent followed by Koppal 51.4 per cent and Bijapur 50.1 per cent.The other districts where the percentage of child marriages was high, causing concern, were Gulbarga (48.9%), Bagalkot (48.3%), Belgaum (43%), Bidar (44.9%), Gadag (44.8%), Bellary (35.2%), Chamarajnagar (34.3%), Dharwad (32.4%), Mandya (29.9%), Bangalore Rural (28.4%), Chitradurga (26.6%), Kolar (26.3%), Tumkur (25.7%), Mysore (25.2%), Haveri (20.2%), Hassan (18.5%), Davangere (18.1%), Bangalore Urban (12.4%), Shimoga (8.9%), Uttara Kannada (7.8%), Chikmagalur (6.8%), Dakshina Kannada (5.5%) and Kodagu (2.2%).

However, the percentage was lowest at 1.1% in Udipi District. Karnataka's juvenile sex ratio was 94.6%, higher than the national average of 92.7%. But it was much worse than the overall sex ratio of 96.4% while 15 districts in the state have lower levels, the range being 92.1% to 92.7%.''The trend during the last decade of the 20th century has been worsening except in Kodagu, Haveri and Chamarajnagar Districts, the report added.

Regarding this alarming increase in the rate of Child marriages Shivaraj V. Patil, Chairman of the Core Committee for Prevention of Child Marriage, said a final report on the effective implementation of the Prohibition of Child Marriage Act, 2006 would be submitted to the Government in June this year. He further said that “If necessary, the committee will submit a copy of its action plan for curbing child marriage to the High Court requesting it to direct the State Government to implement it” so that such practices would be stopped.

How did the practice of Child marriages arose in India?

Many reasons we can say influenced the practice of Child marriage.

  • Child-marriage originated in the medieval age and was not practiced in the ancient age.It can be traced back to the era of the Sultans. During the medieval age there was no concept of law and order as such and therefore the arbitrary powers were concentrated in the hands of despotic monarch. During the medieval ages lot of wars and arsons used to take place between different kingdoms and as usual women were the victims of these wars and arsons. To see that no unfortunate incident happens with their daughters they used to get their daughters married quite early.
  • In a feudal society, qualities like rivalry, personal honour, hereditary friendship or enmity are very important. Because of this, military alliances play a very important role in preserving or destroying the balance of power between the various kingdoms and fiefdoms. To ensure that the military alliances entered into were observed by both parties, practices like exchanging juvenile members of the respective families who were educated and brought up at each other’s palaces were followed. Sometimes these military alliances were turned into matrimonial alliances between the members of the two families. Therefore when they were child these marriages were fixed.
  • The caste hierarchy also perhaps had its role to play in perpetuating such a system. Caste which is based on birth and heredity does not allow marriages between members of different castes. Out of the necessity to preserve their caste, the hereditary caste system could have helped in nourishing the practice of child-marriage.
  • Sometimes the social understanding that if the daughter’s marriage is left too late she is considered a burden to her own family. In some communities where child marriage takes place, instead of dowry there is a system of ‘bride price’ where, when the girl gets married, the husband’s family has to pay a sum of money in exchange for the bride. Instead of making things better, this system also means that families are eager to get their daughters married off so they can bring in money.

Consequences of Child marriages

The consequences of this act are many.

  • It not only puts an end to the education which the girl child might have been receiving. All children have a right to care and protection; to develop and grow into a complete and full individual, regardless of their social and economic situation and Child marriage is a blatant violation of all these rights.
  • Child marriage denies children their basic rights to good health, nutrition, education, and freedom from violence, abuse and exploitation.Early child marriage violates the child’s right to education. Children remain illiterate and unskilled, which in turn limits their opportunities for economic employment and economic independence as an adult.For girls early marriage is the beginning of frequent and unprotected them to early motherhood, reproductive tract infections and sexually transmitted diseases, including HIV/AIDS. It also means frequent pregnancies and abortions.
  • Sometimes protection from HIV/AIDS is another reason for child marriage. Parents seek to marry off their girls to protect their health and their honour, and men often seek younger women as wives as a means to avoid infection.Early marriage resulting in early motherhood means placing both the young mother and her baby at risk. It leads to increase in the rate of infant mortality and maternal mortality and birth of babies who have low birth weight, malnutrition and anemia.
  • According to the UNICEF the major important factors which influence the child marriage are the country's civil registration system, which provides proof of age for children; the existence of an adequate legislative framework with an accompanying enforcement mechanism to address cases of child marriage; and the existence of customary or religious laws that condone the practice. One of the reasons as found out by the UNICEF says that society encourages this because of certain reasons such as they think that that the marriage will benefit the children both financially and socially and relieve financial burdens on the family. But in reality it acts opposite. It acts as an obstacle to the development of the girl often resulting in early pregnancy and social isolation with little education and poor vocational training reinforcing the gendered nature of poverty.The right to 'free and full' consent to a marriage is recognized in the Universal Declaration of Human Rights – with the recognition that consent cannot be 'free and full' when one of the parties involved is not sufficiently mature to make an informed decision about a life partner.
  • The Convention on the Elimination of all Forms of Discrimination against Women mentions the right to protection from child marriage in article 16, which states: "The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage...." While marriage is not considered directly in the Convention on the Rights of the Child, child marriage is linked to other rights – such as the right to express their views freely, the right to protection from all forms of abuse, and the right to be protected from harmful traditional practices – and is frequently addressed by the Committee on the Rights of the Child. Other international agreements related to child marriages are the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages and the African Charter on the Rights and Welfare of the Child and the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa.
  • According to Pan American Forum the child marriage can also said to be a form of sexual exploitation. Young married girls are a unique, though often invisible, group required to perform large amounts of domestic work, under pressure to demonstrate fertility, and responsible for raising children while still children themselves, married girls and child mothers face constrained decision-making and reduced life choices. Boys are also affected by child marriage but the issue impacts girls in far larger numbers and with more intensity.

The Prohibition of Child Marriage Act, 2006 [1]

Even though there was a Child Marriage Restraint Act 1929 the provisions in the Act did not help in solving this problem and child marriages continued to be practiced even today. To deal with this problem another law was passed “The Prohibition of Child Marriage Act, 2006” which is based on the two premises that

  • To make a child go through a marriage is an offence.
  • Child or minor is a person up to 18 years in the case of girls and 21 years in the case of boys.

Unlike the earlier legislation, wherein there was no provision for the child to go to the court for justice and if she wants can get her marriage declared cancelled which was absent in the earlier legislation.Further, there were only punishments prescribed for individuals getting into child marriage i.e. for the male adult, for the guardians who solemnized the marriage and for individuals who conduct or perform the marriage in any manner. However, the punishment was a meager simple imprisonment up to three months and fine.

The new Act, also provides for the cancellation of the marriage if the child he/she so desires. If she does not exercise this option then the marriage remains valid. This option can be exercised by the child only. If the child is minor then a guardian along with the Child Marriage Prohibition officer can file the petition. But if one spouse is not a child then he cannot get his marriage cancelled and he has to fulfill all the marital obligations of a husband like sustaining the wife, maintenance etc.Further, a limitation period of two years from the date of attaining majority has been imposed.

If the marriage is nullified then the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money. Further, no order for nullity shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed.

Apart from this the Section 4 of the Act provides for the maintenance by the male party if the female party is a minor child until she gets married again. This Act also gives the power to court to make a suitable order as to her residence. This law also makes the provision for custody and maintenance of children of child marriages. Undoubtedly, while making an order for the custody of a child under this section, the welfare and best interests of the child shall be the paramount consideration to be given by the district court.

The law also provides for the punishments who are indulged in child marriages. Section 9 of this Act makes a provisions for the punishments for a male adult marrying a child shall be rigorous imprisonment upto two years or fine upto one lakh rupees or both but there is an exception in case of women and provides that no woman shall be punishable with imprisonment.

Section 10: The punishment for solemnizing a child marriage in the form of performing the child marriage or abetting in any form shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage.

Section 11: The law makes provision for the punishment of any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organization or association of persons who does any act to promote the marriage or permits it to be solemnized, or negligently fails to prevent it from being solemnized, including attending or participating in a child marriage. The quantum of punishment has been laid down as rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees. The Act also makes a provision for punishment through Article 13 performing child marriage by disobeying the injunction granted by any competent Court and the punishment is imprisonment of either description which may extend to two years or with fine which may extend up to one lakh rupees or with both. Further, the action also makes a presumption against the accused (which is again a deference from the normal law that the accused is always presumed innocent till proven guilty). It is presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnized.

The law further lays down the few cases in which the marriage of a minor child is to be void, i.e. where the child,

  • is taken or enticed out of the keeping of the lawful guardian; or
  • by force compelled, or by any deceitful means induced to go from any place; or
  • is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes,
  • such marriage shall be null and void.

All the offences under this Act shall be cognizable and non-bailable.

This provision also introduced the concept of Child Marriage Prohibition Officers. The duties of the Child Marriage Prohibition Officers include-

  • to prevent solemnisation of child marriages by taking such action as he may deem fit;
  • to collect evidence for the effective prosecution of persons contravening the provisions of this Act;
  • to advise either individual cases or counsel the residents of the locality generally not to indulge in promoting, helping, aiding or allowing the solemnisation of child marriages;
  • to create awareness of the evil which results from child marriages;
  • to sensitize the community on the issue of child marriages;
  • to furnish such periodical returns and statistics as the State Government may direct; and
  • to discharge such other functions and duties as may be assigned to him by the State Government.

They also have the powers of a police officer as may be needed and issue a notification in such respect. The Child Marriage Prohibition Officer shall have the power to move the Court for an order under sections 4, 5 and 13 and along with the child under section 3.

The Child Marriage Prohibition Officers shall be deemed to be public servants.

This Act is not in force but after it is passed in the parliament the state needs to develop the necessary machinery to actually put the Act and its provisions into action. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States. If it is seriously implemented child marriages can be reduced to some extent and at later stage can be eradicated.

Strategies (Suggested by the UNICEF)

UNICEF has suggested various strategies to deal with this problem.

  • Improving access to education for both girls and boys and eliminating gender gaps in education are important strategies in ending the practice of child marriage.Increasing the level of compulsory education may be one tactic to prolong the period of time when a girl is unavailable for marriage.
  • There is a need to develop methods to protect girls at risk of child marriage and to address the concerns of girls and women who are already married by ensuring the fulfillment of their right to a full education and providing them with life skills-based training to ensure that they can earn a livelihood.
  • Decreasing the pressure on young women to conceive through education and advocacy on the dangers of early motherhood should be considered. Similar consideration should be given to ways to improve access to effective contraceptive methods.
  • Services for survivors of domestic violence should be accessible. Outreach efforts should consider targeting women who were married before age 18 as potentially in need of assistance. Mapping child marriage levels within countries may be a useful practice for programmatic purposes when determining where to launch new prevention campaigns. It can also be used to track future progress by comparing child marriage levels at different points in time.
  • Further data collection and research is also required to explore the impact of child marriage on boys and men. The demand-and-supply relationship of child marriage should be qualitatively explored to illuminate dynamics, such as the reasons why households marry their children and why men prefer younger brides, in order to inform programming strategies.
  • Apart from these strategies if we look at the Indian scenario the government should think about introducing the lessons about the ill-effects of child marriage in school textbooks.
  • Parents, instead of getting their minor daughters married off, should give them proper education and help them build a good career and in this regard they should try to provide vocational training and make them self-reliant.
  • Prevent child marriages during mass marriage programmes as these marriages go unnoticed. It would be better if birth certificates of all the brides were checked before permitting such mass marriages.

To stop such child marriages, no doubt governments and civil society organizations are trying to get laws against child marriage made stronger, since it does not seem to be working in its present state. Right now the police cannot make arrests without applying for a magistrate’s order, which may take days. The punishment, a maximum of three months in prison, and a fine is not enough to stop people. Proposed changes include more punishment, a compulsory registration of all marriages rather than just religious rites, the appointment of anti-child marriage officers in every state, and making it a law. Making a law and getting assent to it is easier but what is difficult is the will-power to implement it seriously.