Author By : Ropafadzo Mazorodze.
Institution : Vishwakarma University.
Introduction.
Child marriage refers to a marriage of someone who has not attained the majority age.The protection of Child Marriage of 2006 is responsible for handling child marriage cases in India. Boys under the age of twenty-one and girls under the age of eighteen aren’t allowed to marry each other and if they do so, it is considered under age marriage.During Ancient times in India, child marriages were highly practised due to its traditional, cultural and religious which were extremely dominating in the country.In most cases , child marriages arose from economical instability, making their male children protected in exchange of their girl children, early child bearing and lack of education.Child marriages resulted in high cases of girl children being married off before they can even reach a psychological maturity on experience puberty as parents were honoring their traditional norms and values.
Historical evolution.
During the British colonial era girls were legally allowed to be married at the age of fourteen and for boys it was eighteen under a law in British India in 1929.In 1937 a Muslim personal law was passed in which the consent of his/her guardians only.After obtaining its perspective towards child marriages was reviewed and it went to drastic changes. Firstly, in 1949 the legal age for marriage was increased to fifteen years for girls and eighteen for boys and later on in 1978 in was changed to eighteen years for females and twenty-one for males Thus protecting children from being sold off in the name of marriage and a programme was introduced in which the government paid a family which kept their daughter unmarried until the age of eighteen.
The role of of prohibiting child marriage and why it is permissible?
In India , Child marriages are involving mostly girls who are under the age of eighteen who come from poor background.The prohibition of Child marriage Act 2006 was introduced to stop cases of child marriages from merging since the Child marriage Restaurant Act 1929 was no longer followed by the general populace of India. Researchers analyzed that cases of child marriages were many in rural areas hence they introduced Panchayat Level Core Committees to stop it and Child Marriage Prohibition Officers were given the authority to take full custody of victims or to take them to shelters .Many Indian states such as Rajasthan , Jharkhand and Bihan have high rates of child marriages hence populations and gradually increase since young girls have been proved to be more fertile and they and facing problems of unwanted pregnancies since they are not fully educated ways to prevent pregnancies
Corporate governance reforms of why child marriage is prohibited yet permissible?
Muslim law allows child marriage with the consent of parents or guardians. In Moslem societies when a child reaches fifteen years , he/ she is now considered an adult and if they want to get married, they won’t require the consent of the parents.The prohibition of Child Marriage (Amendment) Bill 2021 aimed at increasing the legal age of marriage to be twenty-one years for girls as highlighted by Ms Jaya Jailty. She was concerned about the girl child’s well-being since they were used to continuing family lineages thus affecting them negatively in terms of their mental and physical states.On top that,girls were allowed to annul their marriage after five years since the 2006 Act allowed them to two years within their marriage. Anyone who is still practising it is sentenced to two years fine of Rs 1 lakh with the help of the 2006 Act .
Key guidelines of why child marriage is prohibited yet permissible?
Marriage between children below under the age of twenty-one for boys and eighteen for girls is considered to be void since they are still young and they have not matured as they are not ready to take full responsibility of each other along with the offspring they might bearer bring to earth.Any child who was was likely to be conceived during this marriage is considered a legitimate child.Since both parents and children themselves.Child marriages and a product of gender inequality since girl children are always exposed to child marriages, lack of education because people in marginalized communities are not aware of the legal age of marriage and unethical social harms hence girls are prone to follow them in order to fit in their respective societies.
Rules and guidelines of the dangers of allowing child marriage.
The prohibition of Child Marriage Act (PCMA) of 2006 prohibited the existence of child marriages and those who breached it were imprisoned or asked to pay a fine of Rs 1 lakh. The supreme court of India urged all marriages to be registered in order to track all child marriages and try to qualify them in time.Social workers are being sent to rural areas to educate people on the changes and disadvantages of marrying off their children before they have fully matured in attempts to change families mindsets on child marriages. Adults who are still practising or have allowed child marriages are imprisoned and asked to pay a large sum of money.However, not many people are willing to change their perspectives on child marriages as they feel like they are abandoning their culture and beliefs.
Disclosure and transparency norms of why child marriage is prohibited yet permissible?
The Supreme Court has put laws that all couples must register their marriages so that if the couple which is about to tie the knot is of minors then they can stop it before it even occurs.Districts are adhered to protect children and stop normalizing child marriages.Those who do not follow it and to be taken to the district court which plays a vital role in protecting children’s rights.All children who have been exposed to child marriages and taken to rehabilitation centers or homes to provide them with food, shelter and counselling to protect them from the trauma the would have encountered.However the existence of personal laws is colliding with the legal framework across in India since child marriages are prohibited while Muslims people are abandoning their culture hence there is an occurrence of resistance in rural areas.
Challenges and criticisms of why child marriage is prohibited yet permissible?
Prohibiting child marriage is facing many challenges and criticisms from backward people, culture and geographical locations.First and foremost, the government is failing to put strict rules in rural areas hence child marriages are happening at a higher rate and children’s rights are being violated.Child marriage is viewed as a tradition in India hence people have no intention of stopping it since they are already into it. People in rural areas are not aware of the legal age of marriage hence they continue practising child marriages.Traditional leaders are criticizing PCMA because it is opposing their culture, beliefs, norms and values.
Impacts of why child marriage is prohibited yet permissible?
Child marriages leave permanent impact on victims which are either positive or negative.Firstly, PCMA gave law enforces the right to punish those who are practising or supporting child marriages enforce both the spouse and their families are jailed.The Act protects children from abuse and harm thus children’s rights are being adhered to despite their sexuality transmitted diseases leading to early deaths and many girls are also, dying in labour during child birth.Children are facing abuse from their spouses which can either be sexual abuse that it is rape and physical abuse such as beatings.Girl children are now suffering from depression , anxiety ,stress internal injuries and other external injuries hence people commit suicide to set themselves free from further suffering.
Upcoming initiatives towards prohibiting child marriage and rejecting it?
I suggest the government put strict rules so that when people want to commit crimes they will think twice. For instance if the sentence of the accused is a minimum about ten years then everyone will hesitate. People in rural areas must be fully educated and enlightened through awareness on the dangers of child marriages so that they eliminate it permanently in their societies.Strict laws must be introduced so that girl children’s rights must be followed and for them to be treated with honour, respect and dignity just like male children.Scholars must do more research through interviews, surveys and questioners so that they find the actual reasons as to why people are still conducting child marriages.
Why Child Marriage is Prohibited Yet Permissible?
Conclusion of why child marriage is prohibited yet permissible?
In conclusion, PCMA of 2006 was introduced to eradicate child marriages in India as it aimed to protect children’s rights, safeguard minors from abuse and to stop social evils against children against girl children. The Supreme Court is currently working on putting a permanent stop to child marriages but not everyone is willing to stop practising it due to their selfish purposes to seek financial assistance and some do it to honor their cultures.
References :
[1] https://india.unfpa.org/sites/default/files/pub-pdf/analytical_series_1_-_child_marriage_in_india_-_insights_from_nfhs-5_final_0.pdf
[2] https://wcd.nic.in/child-marriage-restraint-act-1929-19-1929
[3] https://www.indiacode.nic.in/bitstream/123456789/15943/1/the_prohibition_of_child_marriage_act%2C_2006.pdf
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