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