Indian Law Child Marriages: Child Marriage Child Marriage in India, According To

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CHILD MARRIAGE

Child marriage in India, according to Indian law, is a marriage where


either the woman is below age 18 or the man is below age 21.[1] Most child
marriages involve underage women, many of whom are in poor socioeconomic conditions.[2]
Child marriages are prevalent in India. Estimates vary widely between
sources as to the extent and scale of child marriages. The International
Center for Research on Women-UNICEF publications have estimated India's
child marriage rate to be 47% from small sample surveys of 1998, [3] while
the United Nations reports it to be 30% in 2005.[4] The Census of India has
counted and reported married women by age, with proportion of females in
child marriage falling in each 10 year census period since 1981. In its 2001
census report, India stated zero married girls below age 10, 1.4 million
married girls out of 59.2 million girls in the age 10-14, and 11.3 million
married girls out of 46.3 million girls in the age 15-19 (which includes 18-19
age group).[5] Since 2001, child marriage rates in India have fallen another
46%, reaching an overall nationwide average 7% child marriage rates by
2009.[6] Jharkhand is the state with highest child marriage rates in India
(14.1%), while Kerala is the only state where child marriage rates have
increased in recent years, particularly in its Muslim community.[6][7] Rural

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]

DATA ANALYSIS AND INTERPRETATION


(1) Are you female a male?
Male
Female

60%
40%

40%
60%

Male
Female

(2) How old are you?


20-30 years
30-40 years
40-50 years
50-60 years

30%
30%
20%
20%

20%

30%
20-30 years
30-40 years

20%

40-50 years

30%

50-60 years

(3) Have known of as even heard of child brides?


Yes
No

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%

(5) What are same effect of child brides?

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%

are of the about

(6) According to you whether child marriage is labile as illegal?


Legal
Illegal

80%
20%

20%

Legal
80%

Illegal

(7) What should be the minimum age of the bride?


15 years
18 years
20 years
22 years

20%
20%
30%
30%

20%

30%

15 years
20%

18 years
20 years

30%

22 years

(8) What should be the minimum age of the bridegroom?


15 years
18 years
20 years
22 years

40%
20%
10%
30%

30%

40%

15 years
18 years

10%

20 years
20%

22 years

(9) What should be the age difference of bride & bridegroom


0 years
2 years
4 years
5 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

children who are deployed as child labour.[11][12][13] International Labour


Organisation estimates that agriculture at 60 percent is the largest employer
of child labour in the world,[14] while United Nation's Food and Agriculture
Organisation estimates 70% of child labour is deployed in agriculture and
related activities.[15] Outside of agriculture, child labour is observed in almost
all informal sectors of the Indian economy.[16][17][18]
Companies including Gap,[19] Primark,[20] Monsanto[21] have been criticised
for child labour in their products. The companies claim they have strict
policies against selling products made by underage children, but there are
many links in a supply chain making it difficult to oversee them all. [21] In
2011, after three years of Primark's effort, BBC acknowledged that its
award-winning investigative journalism report of Indian child labour use by
Primark was a fake. BBC apologized to Primark, to Indian suppliers and all
its viewers.[22][23][24]
Article 24 of India's constitution prohibits child labour. Additionally, various
laws and the Indian Penal Code, such as the Juvenile Justice (care and
protection) of Children Act-2000, and the Child Labour (Prohibition and
Abolition) Act-1986 provide a basis in law to identify, prosecute and stop
child labour in India.[25]

DATA ANALYSIS AND INTERPRETATION


(1) Will children be was see off in they dont Work?
Yes
No
(2) What do think the season of the child labour phenomenon?
(a) Poverty
(b) Education
(c) Political system
(d) Culture

(3) It children dont work will their families star ve?


Yes
No

(4) Is child labour phenomenon serious in your hometown?


Yes
Not do much
No

(5) Will child labour decrease as poor countries develop?


Yes
No
(6) What kind of industry mostly appear child labour?

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]

Wedding Procession- Bride Under a Canopy with Gifts. Circa 1800


In the last 100 years, the dowry system has taken over the brideprice system,
and the existing dowry system is becoming more entrenched in cultures that
have practiced it traditionally.[3][6][7] According to research, brideprice has
been declining since the beginning of the 20th century, and today very little
is still in practice. Rather, dowry has been growing both in families
participating and in cost across India.[6][7] Studies show there are also
variations on dowry prevalence based on geography and class. States in the

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]

In addition to marriage customs that may influence dowry, social customs or


rituals, and parents expectations of dowry are important factors to consider.
Several studies show that while attitudes of people are changing about
dowry, the institution has changed very little, and even continues to prevail.
[12][13]

In a study conducted by Rao (1980), 75% of students responded that

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

competition in the marriage market, and decreases their value compared to


other brides, unless dowry is competitive.[6] According to Rao (1993), these
conditions will be less critical as marriage age increases for women, and
pressure to find a mate declines.[7]

1 Is dowry system a serious issue or not?


Yes
No
2 do you think population & poverty are the main causes of dowry
system?
Yes
No
3 do you think dowry system is necessary of our society?
Yes
No
4 Are you in favour of taking & giving dowry?
Yes
No
5 do you think it is because of dowry parents dont give birth to give
child?
Yes
No
6 Are you in favor of ending dowry system?
Yes
No
7 Do you think that dowry system act as an obstacle in higher education
of girls?
Yes
No

8 Do you think government should uegally ban dowry?


Yes
No

Labour in India refers to employment in the economy of India. In 2012,


there were around 487 million workers, the second largest after China. [1] Of
these over 94 percent work in unincorporated, unorganised enterprises
ranging from pushcart vendors to home-based diamond and gem polishing
operations.[2][3] The organised sector includes workers employed by the
government, state-owned enterprises and private sector enterprises. In 2008,
the organised sector employed 27.5 million workers, of which 17.3 million
worked for government or government owned entities.[4]
Labour structure in India

A majority of labour in India is employed by unorganised sector


(unincorporated). These include family owned shops and street vendors.

Above is a self-employed child labourer in the unorganised retail sector of


India.

Labour at an unorganised handicraft manufacturing enterprise.

Flooring work at a Portico in Hyderabad, India


Over 94 percent of India's working population is part of the unorganised
sector.[2] In local terms, organised sector or formal sector in India refers to
licensed organisations, that is, those who are registered and pay sales tax,
income tax, etc. These include the publicly traded companies, incorporated
or formally registered entities, corporations, factories, shopping malls,
hotels, and large businesses. Unorganised sector, also known as informal
sector or own account enterprises, refers to all unlicensed, self-employed or

unregistered economic activity such as owner manned general stores,


handicrafts and handloom workers, rural traders, farmers, etc.[5][6]
India's Ministry of Labour, in its 2008 report, classified the unorganised
labour in India into four groups.[7] This classification categorized India's
unorganised labour force by occupation, nature of employment, specially
distressed categories and service categories. The unorganised occupational
groups include small and marginal farmers, landless agricultural labourers,
share croppers, fishermen, those engaged in animal husbandry, beedi rolling,
labeling and packing, building and construction workers, leather workers,
weavers, artisans, salt workers, workers in brick kilns and stone quarries,
workers in saw mills, and workers in oil mills. A separate category based on
nature of employment includes attached agricultural labourers, bonded
labourers, migrant workers, contract and casual labourers. Another separate
category dedicated to distressed unorganised sector includes toddy tappers,
scavengers, carriers of head loads, drivers of animal driven vehicles, loaders
and unloaders. The last unorganised labour category includes service
workers such as midwives, domestic workers, barbers, vegetable and fruit
vendors, newspaper vendors, pavement vendors, hand cart operators, and the
unorganised retail.[8][9]

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

pool for temporary infrastructure and real estate construction jobs, or in


many cases, being unemployed.

EMPLOYMENT

1. What is the cause of un employment?


Economic recession
Increasing technology
increased birth rate
illiteracy
2. Is government prodding employment opportunities
Yes
No
3. It you are unemployed what do you want to do?
own business
job

4. unemployment affects the socio- economic status of the family?


Agree
Disagree

5. unemployment affects family relationship negatively?


Yes

No
6. unemployment leads to poor mentor health?
Yes
No
7. unemployment leads to corruption?
Yes
No

8. unemployment increases suicide rates?


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

3,000 years while smoking, dhumapana (literally "drinking smoke"), has


been practiced for at least 2,000 years. Fumigation and fire offerings have
been performed with various substances, including clarified butter (ghee),
fish offal, dried snakeskins, and various pastes molded around incense sticks
and lit to spread the smoke over wide areas. The practice of inhaling smoke
was employed as a remedy for many different ailments was not limited to
just cannabis, but also various plants and medicinal concoctions
recommended to promote general health. Before modern times, smoking was
done with pipes with stems of various lengths, or chillums. Today
dhumapana has been replaced almost entirely by cigarette smoking, but both
dhupa and homa are still practiced. Beedi, a type of handrolled herbal
cigarette consisting of cloves, ground betel nut, and tobacco, usually with
rather low proportion of tobacco, are a modern descendant of the historical
dhumapana.[3]
Tobacco was introduced to India in the 1600s. [4] It later merged with existing
practices of smoking (mostly of cannabis).
Landmark Case
The Supreme Court in Murli S Deora vs. Union of India and Ors.,
recognized the harmful effects of smoking in public and also the effect on

passive smokers, and in the absence of statutory provisons at that time,


prohibited smoking in public places such as auditoriums, hospital buildings,
health institutions, educational institutions, libraries, court buildings, public
office, public conveyances, including the railways.[5]
"Tobacco is universally regarded as one of the major public health hazards
and is responsible directly or indirectly for an estimated eight lakh deaths
annually in the country. It has also been found that treatment of tobacco
related diseases and the loss of productivity caused therein cost the country
almost Rs. 13,500 crores annually, which more than offsets all the benefits
accruing in the form of revenue and employment generated by tobacco
industry".
Supreme Court of India, Murli S. Deora vs Union Of India And Ors on 2
November, 2001
Prevalence
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. According to a 2002 WHO estimate, 30% of adult

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

4. Do you use smokeless tobacco?


Yes
No
5. How often do you smoke inside your home?
twice
thrice
less than twice
more than thrice

6. How you tried to leave smoke?


Yes
No
7. How you visited any doctor to get rid of it?
Yes
No
8. According to you smoking is harmful?
Yes
No

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