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    Child Marriage

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    Sarthak Kapoor
    Child marriage is considered a violation of human rights according to UNICEF and represents one of the most prevalent forms of sexual abuse and exploitation of girls. In underdeveloped countries, parents consent to child marriages in hopes of economic and social benefits for the girl. This practice is especially common in rural and economically disadvantaged families where daughters are married off young to relieve families of economic responsibilities. Factors like poverty, protection of girls, family honor, stability, lack of opportunities and awareness about health impacts, and inadequate enforcement of existing laws preventing child marriage contribute to the problem. Preventing child marriage is important from child rights and human rights perspectives as well as for meeting national goals and Millennium Development Goals.

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    Child Marriage

    Uploaded by

    Sarthak Kapoor
    38 views2 pages
    Child marriage is considered a violation of human rights according to UNICEF and represents one of the most prevalent forms of sexual abuse and exploitation of girls. In underdeveloped countries, parents consent to child marriages in hopes of economic and social benefits for the girl. This practice is especially common in rural and economically disadvantaged families where daughters are married off young to relieve families of economic responsibilities. Factors like poverty, protection of girls, family honor, stability, lack of opportunities and awareness about health impacts, and inadequate enforcement of existing laws preventing child marriage contribute to the problem. Preventing child marriage is important from child rights and human rights perspectives as well as for meeting national goals and Millennium Development Goals.

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    Child marriage

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    Child marriage is considered a violation of human rights according to UNICEF and represents one of the most prevalent forms of sexual abuse and exploitation of girls. In underdeveloped countries, parents consent to child marriages in hopes of economic and social benefits for the girl. This practice is especially common in rural and economically disadvantaged families where daughters are married off young to relieve families of economic responsibilities. Factors like poverty, protection of girls, family honor, stability, lack of opportunities and awareness about health impacts, and inadequate enforcement of existing laws preventing child marriage contribute to the problem. Preventing child marriage is important from child rights and human rights perspectives as well as for meeting national goals and Millennium Development Goals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views2 pages

    Child Marriage

    Uploaded by

    Sarthak Kapoor
    Child marriage is considered a violation of human rights according to UNICEF and represents one of the most prevalent forms of sexual abuse and exploitation of girls. In underdeveloped countries, parents consent to child marriages in hopes of economic and social benefits for the girl. This practice is especially common in rural and economically disadvantaged families where daughters are married off young to relieve families of economic responsibilities. Factors like poverty, protection of girls, family honor, stability, lack of opportunities and awareness about health impacts, and inadequate enforcement of existing laws preventing child marriage contribute to the problem. Preventing child marriage is important from child rights and human rights perspectives as well as for meeting national goals and Millennium Development Goals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Child Marriage is considered to be a violation of human rights, according to UNICEF, it

    represents perhaps the most prevalent form of sexual abuse and exploitation of girls. In many
    parts of the world especially underdeveloped countries parents give consent to child marriages
    hoping that it would benefit the girl both economically and socially. This practice is especially
    common in rural areas and amongst economically backward families, the daughter is married off
    at an young age to relieve the family from her economic responsibilities.Many factors are
    responsible for this practice, the most common ones are poverty, protection of girls, family
    honour and the provision of stability during unstable social periods, lack of opportunities for girls,
    lack of awareness about adverse health consequences another big problem is the lack of
    awareness of law and also inadequate implementation of the existing laws.Prevention of Child
    Marriages is imperative not merely from the child and human rights perspective but also in the
    interest of meeting several national goals and Millennium Development Goals.The word ‘Child
    Marriage’ is itself contradictory in itself as one would wonder how marriage and child could go
    together. But it is a sad reality that even to this day Child Marriages are being solemnized much
    to the chagrin of laws restraining such marriages.Now that the legislature has come up with the
    Prohibition of Child Marriage Act, 2006 which had replaced the Child Marriage Restraint Act
    1929. It becomes much more imperative to revisit the various laws passed by the legislature in
    the past and contextualizing it with respect to the new act intended to prohibit the practice of
    child marriage. This research paper basically deals with the proposed amendments in the new
    act and drawing a comparison with earlier laws as well as to analyze and predict the
    consequences of the new law on the Child Marriage. The approach here for the purpose of our
    study is critical and in some parts analytical supplemented by case laws.The Hindu Marriage
    Act, 1955 lays down minimum age of eighteen for bride and twenty one for bridegroom as a
    condition for marriage ,however this has not been given as a ground for void or voidable
    marriage if such condition is violated. The only remedy provided under Hindu Marriage Act 1955
    is under section 18. Hence after perusal of Child Marriage Restraint Act,1928 and Hindu
    Marriage Act, 1955 it becomes clear that the validity of the marriage is not affected in any way
    even if the marriage was in contravention of minimum age prescribed.When the Hindu Marriage
    Act, 1955 brought out some revolutionary changes then it was argued that "Personal law in
    case of citizens of this country is essentially secular in character, and cannot be treated as a
    part of Hindu religion properly so called." Reformers also urged that Hindu law was never
    "Sanatana" or static and had undergone changes from time to time. A question arises here that
    if that was the intention why no provision giving the party the option to opt out of marriage by
    getting it declared void was introduced when the same was provided for in the proposed Hindu
    Code Bill, 1948.Regarding the "age of consent" the Indian Penal Code,1860 has recognized the
    minimum marriageable age for a girl to be 15 years. However at the same time marriageable
    age as prescribed under the Child Marriage Restraint Act,1929 is 18 years. Here it is clear that
    there is an ambiguity and contradiction as regards ‘the age of consent’ in the Hindu Marriage
    Act, 1955 and the Indian Penal Code,1860.Through this research I want to find out the dual
    approach of Indian Law in regarding Child Marriage which declares such marriage to be
    voidable but in other sense such marriages are held to be a valid marriage. I had analysed the
    main legal issues related to child marriage and tried to find out how such marriages are held to
    be a valid marriage.

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