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All rights reserved. The smells and colors—bold yellow turmeric smeared on hands and faces, a strip of red powdered vermillion applied to the hairline—offer the first clues that a wedding is about to happen or has just happened. Muskaan's relatives help her dress for the wedding. Her husband, Raju, whose name has been changed here for privacy reasons, is seven years her senior. Muskaan and Raju exchange garlands during the wedding ceremony.

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Child marriage in India

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While it is illegal for a girl to be married before the age of 18 around 27 percent of girls in India are married before their eighteenth birthday. Ananye Krishna argues why a legal change, currently held up in Parliament, is only part of the answer to bringing this number down and ensuring girls in India are able to exercise their rights laid out in the Constitution.

Such a violation of the law, on such a large scale, is of grave importance for the welfare of women and should be much higher on the political agenda. One of the primary objectives of this Bill was to ensure that the number of child marriages in India is prevented and therefore decreased. Over a decade on, Parliament has still not passes this crucial Bill, meaning millions of girls continue to be subject to oppressive customs strictly followed in various parts of the country.

The existence of 27 percent of girls below the age of 18 already married before their landmark birthday not only violates the Hindu Marriage Act but also the right to equality, the right to dignity, and the right to life as enshrined in Articles 14 and 21 of the Indian Constitution. In addition the current figures violates the right to health , as recognized by WHO — that pregnancy prior to the age of 20 is harmful to the health of a young woman.

In such circumstances, if the government continues to keep the Draft Compulsory Registration of Marriage Bill in legislative limbo, then it is failing in one of its most important duty: preserving the fundamental rights of its people. A push to see the bill passed is well overdue. But in the absence of this push for the draft bill, an amendment to the existing Hindu Marriage Act, should be made to increase the minimum age of marriage for girls to least This amendment should not be the only change to this Act; it is also important that such a change is incorporated into other personal laws on marriage, as they also apply in India on various other religious communities.

In addition, it is true that in the government did try to deal with the persistence of child marriage by coming up with the Prohibition of Child Marriage Act The problem however was that like with the Hindu Marriage Act, even this act did not produce a mechanism to ensure the prevention of this social evil.

Section 3 of the Act simply said that a marriage will be void at the option of the contracting party being a child at the time of the marriage. This simply leaves it as the option of the child to decide whether she or he wants to continue with the marriage when they are themselves considered to be incompetent from making a decision to enter a contract under Section 11 of the Indian Contract Act Thus, it is essential that any new laws must not follow this legislative pattern; in the very least the Prohibition of Child Marriage Act should be amended to make child marriage void ab initio.

If and when the new law comes into force, one of the most important requirements for the efficient enforcement of this law would be the presence of a proper, effective administrative system that verifies the age of the parties to marriage at the time of registration. As is the case with other legislative changes regarding social traditions, the frameworks around their implementation are as vital as the legal change itself.

Please write to southasia lse. Bad Behavior has blocked access attempts in the last 7 days. Search for:. Christopher Finnigan January 10th, A legal failing: Why child marriage persists in India 0 comments Estimated reading time: 5 minutes.

These rulings are legislated under Section 18 of the Hindu Marriage Act Despite this 27 per cent of girls in India are married before they turn As a consequence nearly 16 million girls between the age of 15 and 19 are pregnant. About the author Christopher Finnigan.

Posted In: Featured Gender. Related Posts Development. Religion and health in early childhood: Evidence from South Asia July 15th, Sorry, your blog cannot share posts by email.

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SC ’17 ruling behind move on age of marriage

Child marriage in India , according to the Indian law , is a marriage where either the woman is below age 18 or the man is below age Most child marriages involve underage women, many of whom are in poor socio-economic conditions. Child marriages are prevalent in India.

In the earliest known history of India from BC to AD, young women and men rejoiced a liberal concept of love and they had the freedom to choose a partner and enter into romantic relationships with each other without any fear of scandal. However, from Middle Age, as states and government developed, the political system elaborated and modified the Indian society gradually.

Recent incident of mass child marriage ceremonies in Madhya Pradesh attended by political leaders has once again brought the issue to the forefront. Despite this drop, nearly 1. Child marriage remains a social evil that India has seemingly had a hard time eradicating. The legal age of marriage in India is 18 for women and 21 for men.

Modi govt considers lowering marriage age for males: Can Indian men handle it at 18?

While it is illegal for a girl to be married before the age of 18 around 27 percent of girls in India are married before their eighteenth birthday. Ananye Krishna argues why a legal change, currently held up in Parliament, is only part of the answer to bringing this number down and ensuring girls in India are able to exercise their rights laid out in the Constitution. Such a violation of the law, on such a large scale, is of grave importance for the welfare of women and should be much higher on the political agenda. One of the primary objectives of this Bill was to ensure that the number of child marriages in India is prevented and therefore decreased. Over a decade on, Parliament has still not passes this crucial Bill, meaning millions of girls continue to be subject to oppressive customs strictly followed in various parts of the country. The existence of 27 percent of girls below the age of 18 already married before their landmark birthday not only violates the Hindu Marriage Act but also the right to equality, the right to dignity, and the right to life as enshrined in Articles 14 and 21 of the Indian Constitution. In addition the current figures violates the right to health , as recognized by WHO — that pregnancy prior to the age of 20 is harmful to the health of a young woman. In such circumstances, if the government continues to keep the Draft Compulsory Registration of Marriage Bill in legislative limbo, then it is failing in one of its most important duty: preserving the fundamental rights of its people. A push to see the bill passed is well overdue.

End child marriage

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Krishnan Parameswara.

Panel to review age of marriage for women. Marriage and divorce: Women's financial rights. A Civil Contract: Same sex relationships and marriage. How a woman can manage personal finances before and after marriage.

Child Marriage: What You Need To Know And How You Can Help End It

The Narendra Modi government plans to reduce the marriageable age for men to 18 from 21, as earlier sanctioned in the Prohibition of Child Marriage Act, The government has also proposed to make child marriages void at the outset. ThePrint asks: Modi govt considers lowering marriage age for males: Can Indian men handle it at 18? I think the question is framed provocatively to obscure both the reasoning for the change and the human rights issues involved.

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A legal failing: Why child marriage persists in India

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Feb 2, - As India progresses further, opportunities open up for women to Experts said there is evidence that girls who marry before the age of 18 are.

Visit our new interactive Atlas! Child marriage is driven by gender inequality and the belief that girls are somehow inferior to boys. In India, child marriage is also driven by:.

Panel to review age of marriage for women

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Child marriage affects both girls and boys, but it affects girls disproportionately. It is defined as a marriage of a girl or boy before the age of 18 and refers to both formal marriages and informal unions in which children under the age of 18 live with a partner as if married. Child marriage ends childhood.

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Comments: 2
  1. Shaktishura

    This situation is familiar to me. It is possible to discuss.

  2. Vir

    Completely I share your opinion. In it something is also to me it seems it is excellent idea. I agree with you.

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