CHILD MARRIAGES A CRITICAL ANALYSIS

FAMILY LAW PROJECT

INTRODUCTION

Child marriage in India has been practiced for centuries, with children married off before their
physical and mental maturity. The problem of child marriage in India remains rooted in a
complex matrix of religious traditions, social practices, economic factors and deeply rooted
prejudices. Child marriage is complex subject under Indian law. It was defined by The Child
Marriage Restraint Act in 1929, 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 That law was questioned by Muslims, then superseded by personal law applicable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 Application Act of 1937,which
implied no minimum limit and allowed parental or guardian consent in case of Muslim
marriages. Section 2 of the 1937 Act stated,

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 Nikahhas been claimed as a
personal law subject. 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.

AIM OF THE STUDY

The aim of the study is to make a detailed study and understanding of the The Prohibition of
Child Marriage Act of 2006 and analyze their effectiveness and defects.

SIGNIFICANCE OF THE STUDY

The Prohibition of Child Marriage Act of 2006 is providing relief Child Marriage. This bought
significant awareness in the public all over the country and mainly that in the cases of rural and
tribal about the age limit that is to be followed for better procreation of the offsprings. And the
consequences that will be followed by the practicing of child marriage. By this act there is
significant declaim in the count of child marriages that are used to be practiced. This study thus
helps to understand these concepts in a better way.

SCOPE OF THE STUDY

The scope is to throw light on the Offence of Child Marriage in India and analyse its current
position in India. The researchers have analysed the relevant provision in Constitution of India,
1950; Code of Criminal Procedure, 1973; and The Indian Penal Code, 1860; Personal Laws of
different religions; and the International Laws and Conventions. And finally yhe significance of
The probations of child marriages act 2006.

REVIEW OF LITERATURE

Child marriage is a gross violation of human rights that puts young girls at risk. A marriage
where either of the contracting party is a child is considered as child marriage.

Every time a case relating to child marriage comes up, it causes ripples in the pool of the
conscience of this Court Nothing could be more barbarous, nothing could be more heinous than
this sort of crime. The root cause for this is that the who cant perform that obligations that are to
be performed. And if done so it will amount to serious disorders.

RESEARCH METHODOLOGY

The researcher will do a descriptive and explanatory doctrinal study using various sources viz.
books, other research papers and websites like Heinonline, Manupatraand EBSCO.

RESEARCH QUESTION

What is the role of law and The Prohibition of Child Marriage Act of 2006 in control of child
marriage act?

HYPOTHESIS
 It is submitted that, there is no doubt that the Child Marriage Restraint Act 1929, was in
existence even before and after Independence. This act stands repealed after the New Act called
the Prohibition of Child Marriage Act 2006 was enacted by the Union of India.

The New Act is significant as it indicates Zero tolerance of the Government towards any
incidence of Child Marriage and shows the total commitment of the Government to prohibit and
prevent this rampant social evil.

REFERENCES

The Prohibition of Child Marriage Act , 2006. (2016). Dwcdkar.gov.in. from

http://dwcdkar.gov.in/index.php?option=com_content&view=article&id=109
CHILD MARRIAGES IN INDIA: A CRITIQUE. (2016). Law-projects.blogspot.in. from
http://law-projects.blogspot.in/2013/12/child-marriages-in-india-critique.html
User, S. (2016). Child Marriage in India - Centre for Social Research. [online]
Csrindia.org. Available at: http://www.csrindia.org/child-marriage-in-india
CONTENTS
1. Introduction
2. Child Marriage: An Overview:
2.1 Historical Analysis Of Child Marriage In India
2.2 Data Analysis Of Child Marriages In India
2.3 The Causes And Consequences Of Child Marriage
3. Validity Of Child Marriage Under Various Personal Laws
4. Prohibition Of Child Marriage Act, 2006
4.1 Legal Position Of Child Marriage
4.2. Problems In Legal Framework Relating To Child Marriages
5. Punishment For Child Marriage
5.1 Punishment Under The Prohibition Of Child Marriage Act, 2006
6. Suggestions And Conclusion
7. Bibliography

1. INTRODUCTION

Child marriage in India has been practiced for centuries, with children married off before their
physical and mental maturity. The problem of child marriage in India remains rooted in a
complex matrix of religious traditions, social practices, economic factors and deeply rooted
prejudices. Regardless of its roots, child marriage constitutes a gross violation of human rights,
leaving physical, psychological and emotional scars for life. Sexual activity starts soon after
marriage, and pregnancy and childbirth at an early age can lead to maternal as well as infant
mortality.1 Moreover, women who marry younger are more likely to experience domestic
violence within the home.

The problems which occur in the child marriage in India are because it has the dubious
distinction of being home to nearly 40 per cent of all child brides in the world despite its adverse
consequences such as malnutrition, pregnancy-related deaths and child mortality.

All children have right to care and protection; to develop and grow in to a complete and full
individual , regardless of their social and economic situation. Child marriage is a blatant
violation of all these rights. Child marriages denies children their basic rights to good health,
nutrition, education and freedom from violence, abuse and exploitation.

When the person in the marriage are children their body and mind are put to grave and heinous
danger. Most often the child is not even aware of what really awaits her/him as a consequence.
Marriage by its very institutions imposes certain social responsibility and the persons in it. It also
provides the legal sanction for engaging in sexual activity and procreation. This amount to
sanction for child sexual abuse and rape.

Child Marriage resulting in early motherhood means, placing both the young mother and her
baby at risk. This leads to increase in infant mortality and maternal
mortality.

2. CHILD MARRIAGE: AN OVERVIEW:

2.1 HISTORICAL ANALYSIS OF CHILD MARRIAGE IN INDIA

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Child Marriages were very common in ancient India. Although child marriages were mostly
common among the poor in India, some of the rich people also followed this custom. The child
marriage tradition was brought to India in the medieval age by the Delhi Sultans who were ruling
India at the time. Due to the major problem of Muslim rebels roaming free in the streets of India,
the custom of child marriage was brought into the system to marry the girls off before they reach
their marriageable age. This also prevented and protected a girl from losing her virginity before
she got married. Girls got married before they started menses, but they lived with their birth
parents for a while after the marriage. As soon as the girls started menses, they would be sent
over to their husbands' home. It was believed that a father who allows his unmarried daughter,
who has started menses to live in his home, is responsible for the sin of abortion that takes place
in his daughter's body every month. The custom of child marriage could be started when the
mother is pregnant with a child. The parents could promise another set of parents that the baby
inside the mother will marry their child. Usually, young girls would get married to older boys or
men. For example, a 7 year old girl could be married to a 17 year old boy. There were many
positive advantages of child marriage. Parents could decide to whom their children would be
marrying. Usually, parents would marry their children to individuals from the same caste as them
(rich marry the rich, poor marry the poor).

2.2 DATA ANALYSIS OF CHILD MARRIAGES IN INDIA

More than 40 per cent of the world's child marriages take place in India, even though the legal
age for wedding is 18, reported UNICEF. Child marriage is of course banned in India and the
Indian government has taken a strong step to tighten laws against child marriage, but
unfortunately this custom continues to exist in spite of legal interdictions. According to the new
bill, Prohibition of Child Marriage Bill 2006, the priests, police or local leaders will be jailed and
fined if they will be found indulged in this illegal practice, declared RenukaChowdhury, minister
for women and children. This bill grants protection to many children forced into marriage every
year in the rural parts of the country. They are forced to consent with their parent's decision or
choice. Very often, they are even too young to understand the significance of marriage and do
not understand the gravity of the event. Young girls are threatened, bullied, black-mailed and
emotionally exploited.

Child marriage is a practice which is one of the most serious social maladies affecting the lives
and future of Indias youth. In the present scenario, though several people interviewed were
aware about the law against child marriages, due to lack of enforcement and political will, they
continue to follow the practice. Only when the law is made strict and strong action is taken
against those who continue to practice child marriages, can the menace be tackled. Also, all
stakeholders, community members, panchayat members, etc. should be sensitized and convinced
about the negative impact of child marriage on children, and about protecting the sexual and
reproductive health and rights of girls and young women through awareness generation
programmes.

2.3 THE CAUSES AND CONSEQUENCES OF CHILD MARRIAGE

Causes of Child Marriage - Child marriage has many causes: cultural, social, economic and
religious. In many cases, a mixture of these causes results in the imprisonment of children in
marriages without their consent.

1. Poverty: Poor families sell their children into marriage either to settle debts or to make
some money and escape the cycle of poverty. Child marriage fosters poverty, however, as it
ensures that girls who marry young will not be properly educated or take part in the workforce.

2. "Protecting" the girl's sexuality: In certain cultures, marrying a girl young presumes that
the girl's sexuality, therefore the girl's family's honor, will be "protected" but ensuring that the
girl marries as a virgin. The imposition of family honor on a girl's individuality, in essence
robbing the girl of her honor and dignity, undermines the credibility of family honor and instead
underscores the presumed protection's actual aim: to control the girl.

3. Gender discrimination: Child marriage is a product of cultures that devalue women and
girls and discriminate against them. "The discrimination," according to a UNICEF report on
"Child Marriage and the Law," "often manifests itself in the form of domestic violence, marital
rape, and deprivation of food, lack of access to information, education, healthcare, and general
impediments to mobility."

4. Inadequate laws: Many countries such as Pakistan have laws against child marriage.
The laws are not enforced. In Afghanistan, a new law was written into the country's code
enabling Shiite, or Hazara, communities to impose their own form of family law--including
permitting child marriage.

5. Trafficking: Poor families are tempted to sell their girls not just into marriage, but into
prostitution, as the transaction enables large sums of money to change hands.

Consequences of Child Marriage

Child marriage was reported by 44.5% of Indian women ages 20-24 years; 22.6% reported
marriage prior to age 16 years, and 2.6% were married prior to age 13 years. Child marriage was
significantly associated with women's increased risk for no contraceptive use prior to first
childbirth, high fertility, history of rapid repeat childbirth, multiple unwanted pregnancies,
pregnancy termination and female sterilization relative to women married at 18 years or older.
Associations between child marriage and rapid repeat childbirth, multiple unwanted pregnancies,
pregnancy termination and sterilization remained significant after controlling for duration of
marriage.

The harmful consequences of child marriage are segregation from family and friends, limiting
the child's interactions with the community and peers, lack of opportunities for education. Child
Marriage Girl children often face situations of bonded labour, enslavement, commercial sexual
exploitation and violence as a result of child marriage. Because of lack of protection child brides
are often exposed to serious health risks, early pregnancy, and various STDs especially
HIV/AIDS. There are many reasons why parents consent to child marriage such as economic
necessity, male protection for their daughters, child bearing, or oppressive traditional values and
norms. Globally more than one third of the women between the ages 20-24 were married before
they reached the age of 18.2 Approximately 14 million adolescent girls between the ages 15-19
give birth each year. Girls in this age group are twice more likely to die during child birth than

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women in their twenties. Rate of child marriage are higher in sub-Saharan Africa and South
Asia.

According to the 2001 census there are 1.5 million girls, in India, under the age of 15 already
married. Of these, 20% or approximately 300,000 are mothers to at least one child. Child
Marriage The 2001 census also estimated the average age of marriage has risen to 18.3 for
females. The male average is 22.6 years. But child marriage is still widespread across the nation.
According to NFHS-III survey 47.3% of women aged 20-24 were married by age 18. Of these,
2.6 percent were married before they turned 13, 22.6 percent were married before they were 16,
and 44.5 percent were married when they were between 16 and 17. In some states the percentage
is quite high: Rajasthan 65.2%, Uttar Pradesh 58.6%, Madhya Pradesh 57.3%, Jharkhand 63.2%,
Chhattisgarh 55%, Bihar 69% and Andra Pradesh 54.8%.The states where prevalence is low are
Himachal Pradesh 12.3%, Punjab 19.7%, and Kerala 15.4%.

Child marriage is low among women who have had access to higher education and secondary
education. Marriages in India are often unregistered, and are socially binding if not legally,
which makes it hard to survey. In 2006 the Government of India updates legislations regarding
child marriage and passed the Prohibition of Child Marriage Act, 2006.3

3. VALIDITY OF CHILD MARRIAGE UNDER VARIOUS PERSONAL LAWS

The different religion-based personal laws of marriage in relation with child marriage prevalent
in India. Hindus, Muslims, Christians, Jews, and Parsis in India have their own, separate
marriage laws that prescribe the age of marriage for the bride and bridegroom. I examine the
relevant provisions of these laws and compare them with Child Marriage Restraint Act. The
argument is that the personal laws practically nullify the effect and authority of the uniformly
applicable secular Child Marriage Restraint Act. In spite of the constitutional mandate of a
uniform civil code, the discriminatory religion-based marriage laws continue to remain in force
in India, again for the reason that by and large it is women who are victims of these laws; and
womens issues have a low priority on the political agenda.

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In addition to Child Marriage Restraint Act, there are religion-based personal laws in the matters
of marriage and divorce. Hindus, Muslims, Christians, and Parsis have their different marriage
laws. These laws prescribe conditions for performing a valid, legal marriage. One of the
conditions is regarding the age of parties to the marriage. The other conditions are monogamy,
for women only in the case of Muslim law, soundness of mind, prohibition against
consanguinity, and the mode of solemnization of marriage for Hindus, Christians and Parsis. The
Muslim law of marriage permits polygamy for men and soundness of mind is not essential
prerequisite.

4. PROHIBITION OF CHILD MARRIAGE ACT, 2006

4.1 LEGAL POSITION OF CHILD MARRIAGE

The Child Marriage Act, 2006, replaced the CMRA. The purpose of the Child Marriage Act,
2006, is not simply to restrain but prohibit child marriages. It lays down the minimum age for
marriage as 21 for males and 18 for females. The anomaly of two different ages at marriage for
women and men was raised before the Parliamentary Standing Committee, while some members
opposed this; the government commented that for the purpose of marriage, two different ages
have been accepted socially as well as culturally in the country.4

Section 3 of the Child Marriage Act, 2006, provides that a child marriage will be rendered
voidable only if the children or their guardians file legal proceedings. It is unlikely that any such
case will be filed given the societal norms that surround it . Under Section 3(3), a petition for
annulment of the marriage by the contracting party who was a child at the time of marriage may
be filed any time, before (the child filing the petition completes) two years of attaining majority,
which allows a male of 23 years and female of 20 years to file a petition. But it is unlikely that
these child brides or their families will choose to nullify their marriages, as by the time they
decide to go to court their marriages would have been consummated.

The Act, under Section 12, lays down that child marriages will be void only in three cases:

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(i) When the girl is enticed out of the keeping of the lawful guardian;

(ii) In cases of compulsion or deceitful means; and,

(iii) For the purpose of trafficking.

These correspond to the provisions under various matrimonial laws where the lack of valid
consent is grounds for annulment of marriage. This section validates other forms of customary
and traditional child marriages, which remain voidable and valid till invalidated by the
contracting party.5

Section 14 of the Act states that child marriages performed in contravention of injunction orders
issued, under Section 13, whether interim or final, will be void. A magistrate based on a
complaint or even suo-motu cognizance of a report regarding child marriage being arranged can
issue these injunctions. It obligates the district magistrate to prevent solemnization of mass
marriages, while acting as a child marriage prohibition officer. The Act legitimizes children born
out of child marriages and ensures protection in the form of maintenance and custody, both for
the minor girl and her child.

Registration of marriages is not addressed in the Child Marriage Act, 2006, but the Andhra
Pradesh Compulsory Registration of Marriages Act, 2002, is strongly taken up in the state rules.
The child marriage prohibition officer has to ensure scrupulous adherence to the Andhra
Pradesh Compulsory Registration of Marriages Act, 2002, as per the Andhra Pradesh Prohibition
of Child Marriage Rules, 2012. Moreover, the Law Commission also recommends registration
of marriage be made compulsory.

Some of the Salient features of the Prohibition of Child Marriage Act, 2006 can be listed as :

(i) Child marriages to be voidable at the option of contracting party being a child.

(ii) Provision for maintenance and residence to female contracting party to child marriage.

(iii) Custody and maintenance of children of child marriages.

(iv) Legitimacy of children born of child marriages.

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(v) Power of district court to modify orders issued under section 4 or section 5.

(vi) Punishment for male adult marrying a child.

(vii) Punishment for solemnising a child marriage.

(viii) Punishment for promoting or permitting solemnisation of child marriages.

(ix) Marriage of a minor child to be void in certain circumstances.

(x) Power of court to issue injunction prohibiting child marriages.

(xi) Offences to be cognizable and non-bailable.

(xii) Appointment of Child Marriage Prohibition Officers.

4.2. PROBLEMS IN LEGAL FRAMEWORK RELATING TO CHILD MARRIAGES:

The issue of child marriage is addressed in jurisprudence in three ways:

(1) First, in the context of age of discretion- in relation to habeas corpus petitions in cases
of elopement or love marriages, where approval from parental authority is lacking.

(2) Second, in relation to enticement of girls from lawful guardianship, which is grounds
for declaring child marriages void, even with the minors approval.

(3) The third is in relation to Muslim personal laws that hold the age of puberty as the
age of marriage, which has been contested in a recent case on child marriage.6

AmrinderKaur and Another v. State of Punjab and Haryana & Ors. was a case of a runaway
couple seeking protection under Article 21 of the Constitution as they were being threatened by
the girls family. The minor girl of 16 years got married as per Sikh rites to a Jat man of 21
years; her counsel argued that since she has attained the age of discretion, her marriage is not
void. The couple married without approval from the girls family and the girls father lodged a

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complaint that a man in his neighborhood, along with his parents, had kidnapped his daughter
with the intention to marry her.

The Court, referring to prior judgmentson the issue, held that none of the referred judgments
took into consideration the provisions of the Child Marriage Act, 2006, which came into force in
2007. Relying on Sections 2(a), (b) and 12(a) of the Child Marriage Act, 2006, the Court held
that the marriage is child marriage, as the petitioner is 16 years and two months old, who has
been enticed out of the keeping of the lawful guardian and cannot, contract the marriage;
therefore, her marriage shall be null and void.7 The Court held that in the garb of providing
police protection it cannot declare the void marriage as valid. The Court stated, the life and
liberty of the petitioners is only endangered and threatened by the girls family so long as their
marriage legally subsists, but once their marriage is declared to be void, there is no threat to their
life and liberty.

In Makemalla Sailoo vs Superintendent of Police and Ors. ,the Court in deciding on where the
13-year-old Arpitha, who got married under the HMA, should stay referred to the HMA, Hindu
Minority and Guardianship Act 1956 (HMGA) and stated that they had no option but to allow
the girl to go with her husband.8 The Court, however, opined that the legislatures had not done
enough to stop the menace of child marriages, and that this practice did not ensure the healthy
growth of the society.

5. PUNISHMENT FOR CHILD MARRIAGE

The curse of child marriage has, over the years, played a ridiculously important role in shaping
the mindset of the society and its people. The marriage of a child before he attains a particular
age is not only a factor detrimental to his values and childhood, but also to his health and
education. As far as the punishment for the crime of Child Marriage is concerned, then it is
decided according to the provisions in the Prohibition of Child Marriage Act, 2006.

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5.1 PUNISHMENT UNDER THE PROHIBITION OF CHILD MARRIAGE ACT, 2006

Child marriage has been an issue in India for a long time. Because of its root in traditional,
cultural and religious practices it has been a hard battle to fight. Child marriage is also associated
with other problems like dowry and child widowhood. It is also associated with malnutrition,
poor health of mothers and high fertility and hence over-population. The following is an
overview of the act.

According to the act a child is a male who has not completed twenty one years of age and a
female who has not completed eighteen years of age. Child marriage is a contract between any
two people of which either one or both parties is a child. Child marriage that took place before
or after this act can be made void by the person who was a child at the time of marriage. But the
marriage must be voided before the person who was a child completes their second year of
maturity.

The Child Marriage Restraint Act, 1929 has been repealed and the major provisions of the new
Act include:

Age of marriage for boys is 21 and 18 for girls and any marriage of persons below this
age is child marriage - illegal, an offence and punishable under law.

Every child marriage shall be void if so desired by either the bride or the groom who
was a child at the time of the marriage.

The Court while granting nullity shall make an order directing the parents and guardians
to return the money, ornaments and other gifts received.

The Court may also make an order directing the groom or parents or guardian to pay
maintenance to the bride until her remarriage.9

The Court shall make an appropriate order for the custody and the maintenance of the
offspring of child marriages.

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 Notwithstanding that a child marriage has been annulled, every offspring of such a
marriage shall be deemed to be a legitimate child for all purposes.

Any person arranging, party to, solemnizing, participating in a child marriage is also
liable to be punished under the Act, including mass marriages.

If a male adult above eighteen years contracts a child marriage shall be punishable unto two
years imprisonment and/or a fine with may extend to Rs. 1 lakh. The same punishment will be
given to person who performs, conducts or directs a child marriage. Unless proved otherwise, the
parents or guardian of the child are considered to have failed to prevent the child marriage and
hence are also held accountable.

There are certain situations in which a child marriage is deemed void even without a petition
from one of the parties. If a child was detained away from her/his parents or guardians, forced to
go to a different place, sold into marriage, or made to marry after which they are used for
immoral purposes or trafficked then that marriage is considered to be null and void. The court
has the power after the application of an officer or any person to issue an injunction prohibiting a
suspected child marriage against any person, including a member of an organization or an
association of people. The court may also act against a suspected child marriage on its own
motion but must provide the person/association with time to respond to the injunction. Ignoring a
notice or injunction is a punishable offence. If the marriage is still carried out after the
injunction, it is automatically voided.

The act calls for the instatement of a Child Marriage Prohibition Officer, who is responsible for
ensuring no child marriage takes place in their jurisdiction by approaching the courts for an
injunction, collecting evidence against people, creating awareness about the negative effects of
child marriage, collect data concerning child marriages, etc. A child marriage prohibition officer
is deemed a public servant in this act.

Rules of this act are to be made by the respective state governments. The act calls for the Hindu
Marriage Act, 1955 to be amended to meet its provisions as well as the repeal of The Child
Marriage Restraint Act, 1929.
 6. SUGGESTIONS AND CONCLUSION

Child marriage in India has been practiced for centuries, with children married off before their
physical and mental maturity. The problem of child marriage in India remains rooted in a
complex matrix of religious traditions, social practices, economic factors and deeply rooted
prejudices. Regardless of its roots, child marriage constitutes a gross violation of human rights,
leaving physical, psychological and emotional scars for life. Sexual activity starts soon after
marriage, and pregnancy and childbirth at an early age can lead to maternal as well as infant
mortality. Moreover, women who marry younger are more likely to experience domestic
violence within the home.

The problems which occur in the child marriage in India are because it has the dubious
distinction of being home to nearly 40 per cent of all child brides in the world despite its adverse
consequences such as malnutrition, pregnancy-related deaths and child mortality.

This fact was highlighted by Breakthrough, a human rights organisation, as it launched a

campaign in the city on Tuesday to curb child marriages by addressing it as a societal malaise.
The Nation Against Early Marriage campaign was launched at the Ford Foundation here.

Some suggestions which are to be followed to abolish the child marriages :

Increase awareness generation: All stakeholders should be sensitized and convinced about the
negative impacts of child marriage.

Gender sensitization programs: Gender training programs should be spread throughout the
district for police and NGOs. Primary and secondary education for girls should be promoted.

Checking loopholes in the law: Shortcomings must be corrected to strengthen the law.

Training: Child Marriage Prevention Officers need to be trained for vigilance.

Special police cells: Task forces must be set up to focus on cases of child marriage.

Increased authority for NGOs: NGOs should be given the authority to report and intervene in
cases of child marriage.
The issue of child marriage should not be restricted to the Women and Child Development
Ministry but also needs to be taken up seriously by other ministries such as the Health and
Education, Secretary of the Women and Child Development Ministry.

According to the National Family Health Survey III (2005-2006), around 46 percent of women
in the age group of 18-29 were married before reaching the legal age of 18. While the rate of
child-marriages reportedly dropped to 46 percent in 2006, in some states child marriage
prevalence still exceeds 50 percent.

The highest rates have been found in Bihar (64 pc), Rajasthan (58 pc), Jharkhand (60 pc),
Madhya Pradesh (53 pc), Uttar Pradesh (52 pc), Chhattisgarh (51 pc), Andhra Pradesh (56 pc)
and West Bengal (53 pc).

What is important is the legal and rights implications of choices these young women make.
Feminists have debated the issues of the age at marriage and the age of consent. It is important to
note that fixing a mandatory age at marriage would serve as a double-edged weapon because
while on the one hand it would prevent pre-pubertal marriages, on the other it would impinge
upon the right of minor girls who have attained the age of discretion to choose a partner and
marry. As the cases presented in the earlier sections show, there are minor girls who are forced
into alliances; at the same time, there are in- stances where they are hounded with habeas corpus
petitions for marrying a person of their choice. What then can be the way out for the girls, while
not endorsing the idea of legalising marriages in the age group of 16-18 years? This is the grey
area that needs to be addressed by society rather than legislatures alone.10

Inconsistency in the different personal laws regarding the legally permissible age at marriage, the
option of puberty in personal laws, and judicial computation of the age of discretion inhibits
implementation of the Act, but at the same time have been successful and upheld consensual
marriages with choice of partner.

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While it is important to implement the provisions of the Child Marriage Act, 2006, it is also
important to ensure childrens right to life with liberty and non-discrimination; provide spaces
where children can explore and understand their sexuality, even while they are protected from
practices like forced child marriages. Moreover, laws alone cannot address the problem of child
marriages; there must also be adequate support, information dissemination and capacity
enhancement from various quarters.