Reducing Child Marriage in India
Source: Wikimedia Commons/The Judge, Supreme Court of India, Justice, Shri A.K. Sikri releasing a report on Child Marriage in India, organised by the National Commission for Protection of Child Rights (NCPCR) in association with Young Lives India
Introduction
Child marriage is one of the world’s most pressing issues for young children today. According to the United Nations Children’s Fund (UNICEF), an estimated 640 million girls and women alive today were married in childhood. Child marriage (CM) is a form of marriage with a partner that is under the age of 18, which is an issue associated with the violation of human rights like freedom from violence, reproductive rights, and the right to education. India is home to the largest percentage of child brides in the world. A 2023 global distribution of child marriage study by UNICEF found that out of 640 million child brides worldwide, South Asia had 290 million; within South Asia, India had 216.6 million underage marriages followed by Bangladesh with 41.6 million. India’s leading numbers imply a lack of resources for young girls to develop economically or socially in their country. Implementing stronger emphasis on education for young women can potentially shift cultural norms in communities.
Defining Child Marriage
The definition of child marriage has developed to address varying social issues in global research, human rights, and policy. The Universal Declaration of Human Rights, a milestone document of human rights established in 1948, states in article 16 that, “marriage shall be entered into only with the free and full consent of the intending spouses.” This document is critical in addressing the concept of “full consent” from both parties when forming a union. Child marriage contradicts this article as the UN defines CM as a form of forced marriage, in which one of the parties is under the age of 18, and one or both parties have not expressed full consent.
CM may not be considered a formal union in certain local contexts. Common or civil law can enact legislation in support of marriages based on the age and consent of the marrying parties, while customary law and religious mandate create a different interpretation of a union. Although CM affects both young men and women, the ages in which young women marry are much lower than their male counterparts. Once a girl is married, she faces immense pressure to become pregnant early, which leads to an increased risk of maternal and child morbidity. Early pregnancy can also lead to detrimental complications in pregnancy, making it the leading cause of death among young girls ages 15-19. One case study interviewed Sahuni, a woman in rural India who married at age 15 or 16, who had nine successive miscarriages with heavy bleeding in an attempt to provide children for her husband. Distinguishing girl CM is important, as young women like Sahuni are faced with specific social expectations that put their lives at risk.
Legislation on CM
One of India’s first pieces of legislation to address child marriage was adopted in 1929. The Indian Assembly passed the Child Marriage Restraint Act which set the minimum age to marry at 14 for girls, and then two amendments in 1949 and 1978 subsequently increased it first to 15 and then to 18. Currently, the minimum age to marry is 18 for girls and 21 for boys. In 2006, India passed the Prohibition of Child Marriage Act (PCMA) to further combat CM. Despite these laws, the practice remains prevalent due to deep rooted tradition and economic factors. Many children are married within a cultural context, in which marriages are neither void or voidable under Hindu or Muslim religious law as long as they are not consummated until the legal ages of 18 and 21 for girls and boys. Additional measures should enforce the PCMA legal framework, but weak law enforcement often has little effect on deeply rooted traditions. For instance, in both Hinduism and Islam, arranged marriage is viewed as an important step toward completing religious duty, but these norms can overshadow laws and policies. Disrupting these social norms can ensure that both individuals have consent to form a union, as marriage is a commitment which can impact a young girl’s agency. Further assessment of cultural norms can inform policymakers on how to directly influence communities to follow marriage legislation.
Cultural Norms
Cultural norms heavily influence the prevalence of CM in India. Marriage is seen as a sacred duty, and is often arranged between two families rather than two individuals. This institution can fuel families who believe it is their duty to fulfill tradition and complete marriage through their children. Salma, a 14 year old girl who lives with her family in rural India, said in an interview that marrying daughters early is a common social norm, and that her community would criticize a family’s reputation if a girl remains unmarried. Often, establishing laws does not cure historic problems. Cultural norms create an environment in which young girls may not have the support system to reject tradition and embrace other opportunities such as education.
The institution of patriarchy is often what fuels cultural norms, leaving children to feel powerless and secluded, especially in sexual relations. Patriarchy is not exclusive to India, as UN Secretary-General António Guterres states that the system “is far from vanquished; it is regaining ground” in that autocrats and populists of many countries promote “traditional values” which attack women’s reproductive rights. Any country with ingrained traditions and a lack of support to uphold laws can foster an environment that fails to protect women. The unequal power dynamic in marriage can greatly impact a girl’s emotional and physical health, as a girl may not have a say in her relationship. Continuing with Sahuni’s story, all attempts for her to become pregnant failed, and after she was hospitalized for a blood transfusion, her husband abandoned her at her maternal home. As a young girl with a weak support system, Sahuni is not able to advocate for herself in marriage. Culturally, her community views marriage as an honor, no matter how unstable. Cultural norms can become problematic as children are pressured to adhere to tradition, which can put them at health risk that may lead them to have a more difficult time engaging with other avenues of society. Relevant authorities that work with human rights within the country should intervene both in policy and locally to support reducing CM.
Educational Programs and Drawbacks
In efforts to reduce CM in India, implementing secondary education has been critical to providing resources for young girls. Schools in rural areas of India are inaccessible as girls need to travel long distances to reach their destination, and financial burdens to education creates an issue if a girl can attend at all. These barriers are particularly difficult for low-income families, who are more likely to marry their children underage in order to have another family provide for their child. For the case studies of Salma and Sahuni, they both dropped out of school to adhere to family duties at home. Program intervention can be used to make schooling accessible. According to the UN, a range of programmes at the community level can promote transformative life skills and comprehensive sexuality education, which are necessary to fuel female agency. Additionally, analysis has shown that the increase in a woman’s education has a strong negative association with the likelihood for that same woman to be married at an early age. Promoting educational programs can help girls strengthen their agency and potentially reject pre-existing traditions.
However, COVID-19 disrupted many programs. During the pandemic, India’s dire economic state pressured many low-income families to marry off their children for security. With 100 million girls already at risk of CM, UNICEF projected that an additional 10 million girls were in jeopardy following COVID’s disruption in intervention. Nevertheless, civil society is creating a lasting impact. One study assessed the impact of CM program intervention through an organization called the More Than Brides Alliance (MBTA), which revealed positive insight during the pandemic. From 2016 to 2020, MBTA initiated programs in 609 villages addressing the core drivers of CM such as social norms and absence of linking girls to optimal health and education resources. Aligning with the UN’s call to end child marriage in South Asia, the organization works to instill new values and support girls to help them develop their life skills. The MBTA successfully decreased the prevalence of CM by influencing girls' perception of an academic future after COVID-19, pushing families to be more committed to sending children to schools once they reopened. Despite the program’s ability to successfully change the perspective of education for young women and their families, the research does not assess the aftermath of the pandemic in both the economy and government, which may influence families' will to send their children to school. Future research must assess the long-term impact of programs like MBTA where young girls are attending school before marriage. By providing these opportunities for youth, it creates a new culture in which families want to actively participate in their daughter’s life without having to look for a spouse.
Conclusion
Child marriage remains a global issue in human rights that is driven by economic factors, a lack of education, and cultural norms. Girls not only in India, but around the world, are pressured to grow up early and face challenges in order to adhere to societal standards. Women are worth more than just roles that support tradition, which is why education must play an important part in reducing CM. By providing a platform for girls to build life skills and a career, women can leave poverty and decide for themselves when they are ready to be married. India demonstrates the importance of policies that focus on reducing CM, but they will remain useless unless local communities also work to push an agenda in which families prioritize their children’s health and education over marriage, regardless of economic strain or social stigma. If organizations such as MBTA can successfully shift cultural norms during trying times like COVID-19, then other countries too can follow this model to promote education equity for young girls like Sahuni and Salma. Shaping policy to help young women should not only be focused on the future; it should also shape the foundation that will help women in the present exercise their rights.
