child
betrothals - POLITY
NEWS: The Supreme
Court has suggested that the Parliament may consider outlawing
child betrothals by amending the Prevention of Child Marriage Act (PCMA),
2006.
WHAT’S IN THE NEWS?
- The Supreme Court judgement came on a Public
interest litigation (PIL) by the Society for
Enlightenment and Voluntary Action urging steps to check
child marriages.
- It has issued guidelines for implementing
the Prohibition of Child Marriage Act (PCMA), 2006,
and declared it will override all personal laws.
About Child Betrothals
- Definition: Child betrothal is a component of child
marriage practices, where a couple is engaged from
infancy until they reach the legal age for marriage,
potentially leading to marriage in adulthood.
Global Situation on Child Marriage
- High
Incidence of Child Marriage: UNICEF reports that approximately 12 million girls are married
each year as children.
- Progress
in South Asia: The risk
of girls marrying before 18 has decreased by more than a
third in the past decade, dropping from nearly
50% to below 30%.
However, this progress is still
insufficient and inconsistent across the region.
- The prevalence of child marriages in India has halved from 47%
to 27% in 2015-16 and 23.3% in
2019-2021.
- National
Commission for Protection of Child Rights (NCPR) Report: India has over 11.5
lakh children vulnerable to child marriage.
- Uttar
Pradesh topped the
list with more than 5 lakh vulnerable children, Assam followed
with 1.5 lakh children and Madhya Pradesh has
close to 1 lakh such children.
- NFHS
Report on Child Marriage:
- According to NFHS-5 data, child marriage has marginally
declined.
- West
Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24
years married below 18.
Gaps in the Prohibition of Child Marriage
Act (PCMA), 2006
- Lack
of Provisions on Child Betrothals: While the PCMA seeks to prohibit child marriages, it does
not stipulate on betrothals.
- Evasion
of Penalties: This gap
allows families to evade penalties under the PCMA
by betrothing children during their minority and arranging
marriages later, once they reach legal age.
- Pending
Amendment Bill in Parliament: The Court chose not to delve deeper into the issue, pointing
out that an Amendment Bill, introduced in December 2021,
expressly stating that PCMA would override personal laws was
currently pending with the Parliament.
- Need
to Outlaw Child Betrothals: The Court urged the Parliament to outlaw child
betrothals and declare a child whose marriage was fixed
as “a minor in need of care and protection” under the Juvenile
Justice Act.
- Violation
of Children’s Rights: It
stated that marriages fixed in the minority of a child have
the effect of violating their basic right of “free choice”
“autonomy” and “childhood”.
- Confusion
Between Personal Laws and PCMA: The Chief Justice noted the ongoing confusion in India about tackling
the interface between personal laws and the Prohibition of Child Marriage
Act (PCMA).
- CEDAW
Prohibition: The Court
referred to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), 1975, which explicitly
prohibits the betrothal of minors, emphasising
the need for India to align its laws with global norms.
- India is a signatory to the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW), an
international treaty aimed at ending discrimination against women.
- Boys
as Victims of Child Marriage: The right to childhood is universal and applies
to all sexes.
- For the first time, the Court highlighted that boys suffer
in child marriages as much as girls.
- Threat
to Modern Laws Like POCSO: The centuries-old practice of child marriage threatens the
objectives of modern laws like the Protection of Children from Sexual
Offences (POCSO) Act, which aims to protect children from sexual
abuse.
- Violation
of the Right to Sexuality: The right to sexuality of a person is systematically
dismantled in Child Marriage.
- The ability of a person to experience sexual desire
organically and to navigate their choice in intimacy is
erased in the name of tradition.
- Inadequate
Implementation of Laws: such as Prohibition of Child Marriage Act and the
Protection of Children from Sexual Offences Act.
Laws and Policy Interventions Addressing
Child Marriage in India
- Supreme
Court Ruling: The
Supreme Court of India, in Independent Thought v. Union of India in October
2017, ruled that sexual intercourse with wives below 18 years
of age should be considered rape.
- Prohibition
of Child Marriage Act, 2006: The Prohibition of Child Marriage Act in 2006, establishes the legal
age for marriage at 21 for men and 18 for women.
- Section
16 of
the Prohibition of Child Marriage Act allows State
Governments to appoint ‘Child Marriage Prohibition Officers
(CMPO)’ for specific areas.
- Prohibition
of Child Marriage (Amendment) Bill, 2021 : Government has introduced this bill for raising
the age of marriage of women to 21 years to make it at par with the men.
- Protection
of Children from Sexual Offences Act, 2012: The Protection of Children from Sexual Offences
(POCSO) Act, 2012, is aimed at safeguarding children from sexual abuse,
exploitation, and pornography.
- Centralised
Schemes: Central
government initiatives like Beti Bachao Beti Padhao, Dhanlakshmi
Scheme (conditional cash transfer program) aim to address
the factors contributing to child marriage.
- State-Level
Initiatives: Various states have introduced programs targeting factors
linked to child marriage, including education, healthcare, and awareness:
- Kanyashree
Prakalpa Scheme (West Bengal): Provides financial aid to girls pursuing higher education.
- Advika
Scheme of Odisha: for empowering adolescent girls through education and community
engagement to prevent child marriage.
- Cycle
Scheme (Bihar and other states): Aims to ensure safe transportation for girls to school.
Guidelines Issued to the Government by the
Supreme Court
- Age-Appropriate
Sexuality Education in Schools: The Court recommended introducing culturally sensitive and
age-appropriate sexuality education for children to be
incorporated into school curricula.
- ‘Child
Marriage Free Village’ Initiative: The Court proposed launching a ‘Child Marriage Free Village’
campaign, modeled after the ‘Open Defecation Free Village’
initiative, involving local and community leaders to help
eradicate child marriages.
- Online
Reporting Portal: The judgment urged the Ministry of Home Affairs to
create a designated online portal where instances of
child marriage could be reported easily.
- Compensation
Scheme for Girls Opting Out of Child Marriages: The Ministry of Women and Child
Development was advised to introduce a compensation
scheme for girls who choose to exit child marriages.
- Annual
Budget for Prevention and Support: The Court recommended that the government allocate an annual
budget specifically aimed at preventing child marriages and
providing support to individuals affected by the practice.
Source: https://www.thehindu.com/news/national/outlaw-child-betrothals-too-sc-urges-parliament/article68769777.ece