Context:

Child marriage, defined as any formal marriage or informal union where one or both parties are under the age of 18, remains a significant issue worldwide. This practice poses severe threats to the health, well-being, and future prospects of young girls, who are most often the victims. Many girls forced into early marriage face increased risks of adolescent pregnancy, which brings a heightened chance of complications during pregnancy or childbirth. Tragically, these complications are the leading cause of death among older adolescent girls.

·        Despite a noticeable decline in child marriages over the past decade, the practice persists, with about one in five girls worldwide married before the age of 18. Current global challenges, including conflicts, climate crises, and the lasting effects of the COVID-19 pandemic, are further exacerbating the situation, potentially undoing much of the progress made in combating this human rights violation.

·        On October 18, 2024, the Supreme Court of India addressed the pressing issue of child betrothals, ruling that they serve as a means to evade punishment under the Prohibition of Child Marriage Act (PCMA).

·        The three-judge bench, chaired by Chief Justice D.Y. Chandrachud, emphasized that child betrothals infringe upon fundamental rights, including free choice, personal autonomy, and the inherent dignity of childhood.

Contextualizing Child Marriage Legislation:

The Supreme Court's intervention highlighted the legal ambiguities surrounding child betrothals within the existing framework of the PCMA, enacted in 2006.

·        This legislation categorizes individuals under the age of 18 for females and under 21 for males as ‘children’ and criminalizes the practice of child marriage, deeming it a societal malady.

·        Despite the legal provisions aimed at curbing child marriages, the Court noted the persistent prevalence of these practices and the inadequacies in enforcement mechanisms.

Chief Justice Chandrachud revealed that the government had submitted a note seeking judicial clarification on the supremacy of the PCMA over personal laws. However, the absence of documented conflicting High Court judgments on this issue hindered a comprehensive legal resolution. The Court underscored the necessity for legislative clarity to eliminate the loopholes that allow child betrothals to persist.

 Judicial Recommendations for Policy Reform:

In light of its findings, the Supreme Court issued a series of recommendations aimed at bolstering governmental action against child betrothals and marriages:

1.    Implementation of Age-Appropriate Sexuality Education: The Court called for the integration of culturally sensitive sexuality education in school curricula to empower children with knowledge about their rights and health.

2.    Campaign for Child Marriage-Free Villages: The Court proposed the initiation of community-driven campaigns, akin to the ‘Open Defecation Free Village’ initiative, to mobilize local leaders and eradicate the practice of child marriage.

3.    Establishment of an Online Reporting Portal: A dedicated platform for the reporting of child marriages was recommended to facilitate timely interventions.

4.    Creation of a Compensation Scheme: The Court suggested the development of financial assistance programs for girls who choose to exit child marriages, providing them with necessary support.

5.    Annual Budget Allocation: The Court emphasized the need for dedicated funding to prevent child marriages and support affected individuals, reinforcing the state's commitment to safeguarding minors’ rights.

Child Marriage in India:

• A recent study published in The Lancet Global Health on December 15, 2023, reveals that one in five girls and one in six boys in India are still being married below the legal age. Despite a gradual decline in child marriage rates, the current prevalence of 23.3% remains alarmingly high in a nation with a population exceeding 1.4 billion.
•  Eight states in India report higher rates of child marriage than the national average. West Bengal, Bihar, and Tripura lead with over 40% of women aged 20-24 married before the age of 18.
•   Conversely, states like Madhya Pradesh, Rajasthan, and Haryana have demonstrated progress in reducing child marriages, with notable decreases from previous NFHS data.

Global Context:

• Globally, UNICEF reports that approximately 12 million girls are married each year before reaching adulthood.
• The United Nations Sustainable Development Goals (SDGs), particularly Goal 5, aim to eliminate harmful practices like child marriage and female genital mutilation by 2030.
•  While there has been a reduction in the risk of child marriage in South Asia—from nearly 50% to below 30%—progress remains uneven and insufficient.

Legal Framework:

India has implemented several laws to protect children from rights violations, including:

1.   Prohibition of Child Marriage Act (2006)

This Act defines a "child" as any male under 21 or female under 18. Key provisions include:

·         The right for boys and girls forced into child marriages to annul their union up to two years after reaching adulthood.

·         Offspring of child marriages are considered legitimate.

·         The Act ensures child custody is decided by district courts, with the child’s welfare in mind.

2.   Compulsory Registration of Marriages Act (2006): This Act mandates the registration of all marriages within 10 days, regardless of religion, to help prevent child marriages.

3.   Committee to Review Legal Marriage Age (2020): A Union Ministry committee, led by Jaya Jaitely, was set up in 2020 to study the impact of raising the legal marriage age for girls to 21. It addressed issues like maternal mortality and women’s health.

4.   Right to Education Act (2009): The Right to Education (RTE) Act provides free and compulsory education for children aged 6-14, fostering an environment that discourages child marriage by promoting educational opportunities.

5.   Protection of Children from Sexual Offenses (POCSO) Act: This Act considers any sexual activity with a minor as rape, regardless of consent, reinforcing the protection of children from exploitation.

6.    Prohibition of Child Marriage (Amendment) Bill, 2021: This proposed amendment seeks to raise the legal age of marriage for women from 18 to 21 years.

Rationale for Increasing the Minimum Age of Marriage:

Increasing the minimum age for marriage is crucial for several reasons:

1.    Access to Education and Employment: Early marriages often deny women access to education and economic opportunities. Raising the marriage age could empower more women to pursue higher education and gain financial independence.

2.    Health Implications: Early marriages and subsequent pregnancies significantly affect the health of both mothers and children. Underage mothers are at a higher risk for various health complications, including reproductive health challenges, malnutrition, and increased susceptibility to sexually transmitted diseases.

Government Schemes and Policies:

To combat child marriage, the Indian government has introduced several initiatives:

1.    Sukanya Samriddhi Yojana (SSY): Launched in 2015, this scheme encourages parents to save for their daughters’ education and marriage expenses, promoting the welfare of the girl child.

2.    Balika Samriddhi Yojana: This initiative aims to support girls from financially vulnerable families by ensuring their enrollment and retention in primary and secondary schools, contributing to better educational outcomes.

3.    Beti Bachao Beti Padhao: This widely recognized scheme emphasizes the importance of girl children, promoting their safety and education, and fostering an inclusive environment for women's empowerment.

Conclusion:

The Supreme Court's judgment and associated guidelines underscore the imperative for a robust legal framework to protect minors from the deleterious effects of child marriage and betrothal practices. By advocating for educational initiatives and community involvement, the Court aims to foster a societal shift towards the recognition of minors' rights and autonomy, aligning with international standards for child protection.