Priyanga M.
As we mature and move into the phase of adulthood, the major element that we crave to reclaim in our lives is “our childhood”. It is because most of us would have enjoyed our early life without burdens and distress. Such bliss isn't it? Now, imagine yourself as a child, being wholly covered in turmeric, dressed up in a wedding outfit, and compelled to sleep beside an older person, to satisfy his sexual desires - dreadful right ?
According to the International Centre for Research on Women (ICRW), one-third girls are married before they attain the age of 18 and 1 in 9 girls are married before the age of 15 in this so-called developing and modern world. According to the UNICEF, India has the highest number of child brides with a count of 15,509,000 in the world out of which, 7% of the girls are married before the age of 15 and 27% of the girls are married before the age of 18. Though child marriages are also prevalent among boys, there is only little information available about the same. In India, 4% of the male population are married before the age of 18. Moreover, the risks and consequences faced by boys and girls during their early -age marriage are not the same.
To prohibit the solemnization of child marriages in India, The Prohibition of Child Marriages Act, 2006 was enacted. The said Act includes a male below the age of 21 years and a female below the age of 18 years within the meaning of 'Child' and recognizes such a marriage to be 'Child marriage' if either of the contracting parties is a child. The table below displays the punishments prescribed under the 2006 Act:
Though this Act is enacted to prohibit the solemnization of child marriages, it considers the marriage of a minor as void only in certain circumstances. It primarily regards child marriages to be voidable (an action that is valid, but may be annulled by either one of the parties) at the option of the contracting party being a child.
In the case of Independent Thought vs Union of India – The Supreme Court struck down exception 2 of section 375 of the Indian Penal Code,1860 (IPC) and penalizes sexual intercourse between a man and his minor wife who is below 18 years (i.e), sex with minor wife is rape.
In the year 2017, the Karnataka government passed the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, and declared all minor marriages to be void.
The Tamil Nadu Prohibition of Child Marriage Rules, 2009 allows a person to report the incident of child marriage by filling the form-I prescribed in the 2009 Act.
“Educating your Child is not a burden, marriage is.”
There won’t be any change by mere signing of international conventions and passing of legislations which prohibit child marriages. Besides, we have an adequate legislation to prohibit child marriages, which just requires proper implementation. It is high time we end Child marriage, not Childhood.
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