Indian Law Child Marriages: Child Marriage Child Marriage in India, According To
Indian Law Child Marriages: Child Marriage Child Marriage in India, According To
Indian Law Child Marriages: Child Marriage Child Marriage in India, According To
rates of child marriages were three times higher than urban India rates in
2009.[6]
Child marriage was outlawed in 1929, under Indian law. However, in the
British colonial times, the legal minimum age of marriage was set at 15 for
girls and 18 for boys. Under protests from Muslim organizations in the
undivided British India, a personal law Shariat Act was passed in 1937 that
allowed child marriages with consent from girl's guardian. [8] After
independence and adoption of Indian constitution in 1950, the child marriage
act has undergone several revisions. The minimum legal age for marriage,
since 1978, has been 18 for women and 21 for men. [9] The child marriage
prevention laws have been challenged in Indian courts, [8] with some Muslim
Indian organizations seeking no minimum age and that the age matter be left
to their personal law.[10][11] Child marriage is an active political subject as
well as a subject of continuing cases under review in the highest courts of
India.[10]
Several states of India have introduced incentives to delay marriages. For
example, the state of Haryana introduced the so-called Apni Beti, Apna
Dhan program in 1994, which translates to "My daughter, My wealth". It is a
conditional cash transfer programme dedicated to delaying young marriages
by providing a government paid bond in her name, payable to her parents, in
the amount of 25000 (US$410), after her 18th birthday if she is not
married.[12]
Definitions of child marriage
India
Child marriage is complex subject under Indian law. It was defined by The
Child Marriage Restraint Act in 1929,[13] and it set the minimum age of
marriage for men as 18, and women as 15. That law was questioned by
Muslims, then superseded by personal law applicable only to Muslims in
British India with Muslim Personal Law (Shariat) Application Act of 1937, [8]
which implied no minimum limit and allowed parental or guardian consent
in case of Muslim marriages. Section 2 of the 1937 Act stated,
...any other provision of Personal Law, marriage, dissolution of marriage,
including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower,
guardianship, gifts, trusts and trust properties, and wakfs (other than
charities
and
charitable
institutions
and
charitable
and
religious
endowments) the rule of decision in cases where the parties are Muslims
shall be the Muslim Personal Law (Shariats)
Muslim Personal Law (Shariat) Application Act of 1937[8]
The 1929 law for non-Muslims was revised a several times after India
gained its independence from the colonial rule, particularly in 1978 when the
marriage age was raised by 3 years each for men and women. [9] The
applicability and permissibility of child marriage among Muslims under the
1937 Act, under India's Constitution adopted in 1950, remains a
controversial subject, with a series of Supreme Court cases and rulings.[8]
The definition of child marriage was last updated by India with its The
Prohibition of Child Marriage Act of 2006, which applies only (a) to Hindus,
Christians, Jains, Buddhists and those who are non-Muslims of India, and
(b) outside the state of Jammu and Kashmir. For Muslims of India, child
marriage definition and regulations based on Sharia and Nikah has been
claimed as a personal law subject. [8][10] For all others, The Prohibition of
Child Marriage Act of 2006 defines "child marriage" means a marriage, or a
marriage about to be solemnized, to which either of the contracting parties is
a child; and child for purposes of marriage is defined based on gender of the
person - if a male, it is 21 years of age, and if a female, 18 years of age.[1]
World
UNICEF defines child marriage as a formal marriage or informal union
before 18 years of age.[14] UN Women has proposed that child marriage be
defined as a forced marriage because they believe children under age 18 are
incapable of giving a legally valid consent.[15]
60%
40%
40%
60%
Male
Female
30%
30%
20%
20%
20%
30%
20-30 years
30-40 years
20%
40-50 years
30%
50-60 years
60%
40%
40%
60%
Yes
No
(4) Have you even seen any news about child brides on the internet or in the
newspaper?
Yes
No
70%
30%
30%
Yes
70%
No
Loss of opportunity
Premature pregnancy
Abuse & abandonment
are of the about
30%
30%
20%
20%
20%
30%
Loss of opportunity
Premature pregnancy
20%
Abuse &
abandonment
30%
80%
20%
20%
Legal
80%
Illegal
20%
20%
30%
30%
20%
30%
15 years
20%
18 years
20 years
30%
22 years
40%
20%
10%
30%
30%
40%
15 years
18 years
10%
20 years
20%
22 years
50%
40%
10%
10%
50%
40%
0 years
2 years
4 years
5 years
CHILD LABOUR
Child labour is the practice of having children engage in economic activity,
on part or full-time basis. The practice deprives children of their childhood,
and is harmful to their physical and mental development. Poverty, lack of
good schools and growth of informal economy are considered as the
important causes of child labour in India.[2][3]
The 1998 national census of India estimated the total number of child labour,
aged 514, to be at 12.6 million, out of a total child population of 253
million in 5-14 age group.[4][5] A 2009-2010 nationwide survey found child
labour prevalence had reduced to 4.98 million children (or less than 2% of
children in 5-14 age group).[6] The 2011 national census of India found the
total number of child labour, aged 514, to be at 4.35 million, [7] and the total
child population to be 259.64 million in that age group.[8] The child labour
problem is not unique to India; worldwide, about 217 million children work,
many full-time.[9]
In 2001, an estimated 1% of all child workers, or about 120,000 children in
India were in a hazardous job.[10] UNICEF estimates that India with its larger
population, has the highest number of labourers in the world under 14 years
of age, while sub-saharan African countries have the highest percentage of
Agriculture
Fire cracker
Textile
Carpet Fiber
Household
Garment
(7) will high economic growth through globalization solve the problem?
Yes
No
DOWRY SYSTEM
In India, dowry (Hindi: , Dahj)[1] is the payment in cash or some kind
of gifts given to a bridegroom's family along with the bride. Generally, they
include cash, jewellery, electrical appliances, furniture, bedding, crockery,
utensils and other household items that help the newlywed set up her home.
Wedding gifts of the son of the Imam of Delhi India with soldiers and 2000
guests
The dowry system is thought to put great financial burden on the bride's
family.[2] It has been cited as one of the reasons for families and women in
India resorting to sex selection in favor of sons.[3] This has distorted the sex
ratio of India (940 females per thousand males [4]) and may have given rise to
female foeticide.[5] The payment of a dowry has been prohibited under The
1961 Dowry Prohibition Act in Indian civil law and subsequently by
Sections 304B and 498a of the Indian Penal Code (IPC).
Dowry system
The trends regarding dowry in India vary across the nation.[6] Over the last
few decades, there has been an observed transition from the brideprice
system, where wealth flows from the groom to the brides family, to the
dowry system where wealth flows in the opposite direction. [6][7] According to
studies, areas in south India have traditionally practiced the brideprice
system, even among upper castes.[6][8][9] In the north, societal differences in
marriage led upper castes to practice a dowry system, while in lower classes
brideprice was more common.[6]
north are more likely to participate in the dowry system among all classes,
and dowry is more likely to be in the form of material and movable goods. [5]
In the south, the brideprice system is still more likely, and is more often in
the form of land, or other inheritance goods. This system is tied to the social
structure of marriage, which keeps marriage inside or close to family
relations.[5] Dowry also varies by class, or caste, in India. Upper-class
families are more likely to engage in the dowry system than the lower class.
This could be in part due to womens economic exclusion from the labor
market in upper classes.[2][5]
Laws
Main article: Dowry law in India
Dowry became prohibited by law in 1961 with the purpose of prohibiting the
demanding, giving and taking of dowry. Although providing dowry is illegal,
it is still common in many parts of India for a husband to seek a dowry from
the wife's family, in some cases leading to extortion or violence against the
wife. To stop offences of cruelty by the husband or his relatives against the
wife, section 498A was added to the Indian Penal Code and section 198A to
the Criminal Procedure Code in 1983. Section 498A has been criticised by
many in India as being prone to misuse. [10] The law was challenged in court,
but upheld by the Supreme Court of India in 2005.[11]
Social factors
Social changes across time have contributed to the modern dowrey system in
India. Some of the social factors influencing dowry include tradition,
increased womens rights, and the marriage squeeze, which is the shortage
of eligible men for marriage.[6]
Tradition is certainly one explanation given by scholars to address the
prevailing dowry system.[5] One aspect of this is the structure and kinship of
marriage in parts of India. In the north, marriage usually follows a patrilocal
(lives with husbands family) system, where the groom is a non-related
member of the family. This system encourages dowry perhaps due to the
exclusion of the bride's family after marriage as a form of premortem
inheritance for the bride.[5] In the south, marriage is more often conducted
within the bride's family, for example with close relatives or cross-cousins,
and in a closer physical distance to her family. In addition, brides may have
the ability to inherit land, which makes her more valuable in the marriage,
decreasing the chance of dowry over the bride price system.[5]
dowry was not important to marriage, but 40% of their parents likely
expected dowry.[13] The social and traditional influence on dowry is not to be
neglected.
While India has been making progress for womens rights, women continue
to be subject of their family and husband.[14][15] Womens education, income,
and health are some significant factors that play into the dowry system, and
for how much control a woman has over her marriage. According to data,
India still limits womens social interactions, and restricts economic and
social rights.[15] In addition, the stress and financial burden of the dowry
system may lead to son preference, which can lead to a skewed sex ratio (see
also the economic factors and domestic violence sections).[15]
Lastly, there is a strong argument given for the marriage squeeze trend for
dowry.[5][6][7][12] This theory explains that increased fertility coupled with
decreased mortality has caused a shortage of eligible men has declined,
raising the dependence on and cost of dowry.[7] This increases womens
The unorganised sector has low productivity and offers lower wages. Even
though it accounted for over 94 percent of workers, India's unorganised
sector created just 57 percent of India's national domestic product in 2006,
or about 9 fold less per worker than the organised sector.[10] According to
Bhalla, the productivity gap sharply worsens when rural unorganised sector
is compared to urban unorganised sector, with gross value added
productivity gap spiking an additional 2 to 4 fold depending on occupation.
Some of lowest income jobs are in the rural unorganised sectors. Poverty
rates are reported to be significantly higher in families where all working
age members have only worked the unorganised sector throughout their
lives.[11][12]
Agriculture, dairy, horticulture and related occupations alone employ 52
percent of labour in India.
About 30 million workers are migrant workers, most in agriculture, and local
stable employment is unavailable for them.
India's National Sample Survey Office in its 67th report found that
unorganised manufacturing, unorganised trading/retail and unorganised
services employed about 10 percent each of all workers nationwide, as of
2010. It also reported that India had about 58 million unincorporated nonAgriculture enterprises in 2010.
In the organised private sector with more than 10 employees per company,
the biggest employers in 2008 were manufacturing at 5 million; social
services at 2.2 million, which includes private schools and hospitals; finance
at 1.1 million which includes bank, insurance and real estate; and agriculture
at 1 million. India had more central and state government employees in
2008, than employees in all private sector companies combined. If stateowned companies and municipal government employees were included,
India had a 1.8:1 ratio between public sector employees and private sector
employees. In terms of gender equality in employment, male to female ratio
was 5:1 in government and government owned enterprises; private sector
fared better at 3:1 ratio. Combined, counting only companies with more than
10 employees per company, the organised public and private sector
employed 5.5 million women and 22 million men.[4]
Given its natural rate of population growth and aging characteristics, India is
adding about 13 million new workers every year to its labour pool. India's
economy has been adding about 8 million new jobs every year
predominantly in low paying, unorganised sector.[13] The remaining 5 million
youth joining the ranks of poorly paid partial employment, casual labour
EMPLOYMENT
No
6. unemployment leads to poor mentor health?
Yes
No
7. unemployment leads to corruption?
Yes
No
SMOKING
Smoking in India has been known since at least 2000 BC when cannabis
was smoked and is first mentioned in the Atharvaveda, which dates back a
few hundred years BC. Fumigation (dhupa) and fire offerings (homa) are
prescribed in the Ayurveda for medical purposes and have been practiced for
at least 3,000 years while smoking, dhumapana (literally "drinking smoke"),
has been practiced for at least 2,000 years. Tobacco was introduced to India
in the 1600s. It later merged with existing practices of smoking (mostly of
cannabis).
Smoking in public places was prohibited nationwide from 2 October 2008.
There are approximately 120 million smokers in India. According to the
World Health Organization (WHO), India is home to 12% of the worlds
smokers. Approximately 900,000 people die every year in India due to
smoking as of 2009.[1]
History
Cannabis smoking in India has been known since at least 2000 BC[2] and is
first mentioned in the Atharvaveda, which dates back a few hundred years
BC. Fumigation (dhupa) and fire offerings (homa) are prescribed in the
Ayurveda for medical purposes and have been practiced for at least
males in India smoke. Among adult females, the figure is much lower at
between 35%.[6]
According to the study, "A Nationally Representative Case-Control Study of
Smoking and Death in India", tobacco will be responsible for 1 in 5 of all
male deaths and 1 in 20 of all female deaths in the country by 2010. This
means approximately 1 million Indians would die annually from smoking by
2010.[7]
A survey conducted by the International Institute of Population Science and
the Ministry of Health and Family Welfare, reveals that 26.6% of people in
Jammu and Kashmir smoke, the highest rate in the country.[8] The highest
number of beedi smokers are in Uttarakhand.[9]
1. Do you smoke?
Yes
No
2. How of 10 do you smoke?
daily
less then daily
not at all
well
3. No of tobacco you smoke per day?
moss then 5
2
3
5