Presented by- Khushboo Damani

Family Law- I
4th Semester
Child Marriage is a social evil that can be termed
as one of the largest form of human rights
violation. Children, at the age when they should
be playing, studying and leading a carefree life, are
shunned with the responsibilities of marriage. This
form of human rights violation continues in many
parts of the World even today, including India.
Thus, the research work aims to identify the
reasons and thereby bring into light the prevalent
problem of Child Marriage in India in the 21st
century.
To provide a historical background of the social
evil of Child Marriage in India
To highlight the causes and discuss the impact
of Child Marriage in India.
To elaborate upon the various forms of
legislations and government efforts to curb the
menace of Child Marriage.
Child Marriage is a problem prevalent in many
parts of the world even in the 21st century.
Hence, the scope of the research work is very
wide, but the researcher limits it to the study of
child marriage in India.
Due to geographical limitations, the research
work could not provide an empirical study.
Hence, it is limited to the doctrinal study and
review of existing literature.
Book:
Sudhir Chandra, Enslaved Daughters: Colonialism, Law and
Women’s Rights, 2nd Edition, OUP India, 2008

Article:
Nirantar Trust, “Early and Child Marriage in India: A
Landscape Analysis”, American Jewish World Service, 2008

Report:
Law Commission, Proposal to Amend the Prohibition of
Child Marriage Act, 2006 and Other Allied Laws, (Law Report
No. 205) February 5, 2008
Do child marriages still exist in India?
Can the various legislations help in curtailing
the problem of Child marriage in India?
What are the reasons for the failure of
implementation of the legislations in India
relating to Child Marriage?
Explanatory Research
Design

Doctrinal Method

Secondary Sources
Early and child marriage has been a prevalent
practice at different points in the history of almost
all societies around the globe, including Europe, the
United States and the Middle East. In India, the
practice has origins going back to ancient times and
persists today.
Ancient India
Delhi Sultanate Period
British Era
Queens Empress v. Huree Mohan Mythee
Dadaji Bhikaji v. Rukhmabai
Later developments in the British era
 Economics of marriage
Socio- cultural Myths
Lack of Education

Impact:
Education
Adverse effects on health
In 2000 the UN Population Division recorded that 9.5% of
boys and 35.7 % of girls aged between 15-19 were married.
The percentage was much higher in rural areas (58.5%) than
Sales
in urban areas (27.9%) and exceeded 50% in eight states.
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60
58
56
54
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50
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In 2006 the Hindustan Times reported that 57%
of girls in India are married off before they are
18 as per the International Centre for Research
on Women.
In the context of health risks, it is pertinent to
point out that infants of mothers aged younger
than 18 years have a 60 per cent greater chance
of dying in the first year of life than those of
mothers aged 19 years or older
Legislative Acts have mostly been passed as
restraining measures and not as prohibitory or
preventive measures
There also prevails contradictions in legislations
with regard to child marriage in India.
Hindu Marriage Act, 1955 and Prohibition of
Child Marriage Act, 2006
Indian Penal Code, 1860
Muslim Laws
Apart from legislations, the government have
also brought out schemes and programmes to
control child marriage in India.
Bal Vivah Virodh Abhiyan
Apni beti, Apna Dhan
Sukanya Samridhi Yojana
Ratification of International Conventions aimed
at curbing Child Marriage
The provisions of this Act can be categorised into the
following three categories:
Prevention
Protection
Prosecution
It is seen that this new Act, tends to over write almost all
the lacunae of Child Marriage Restraint Act, 1929. Yet, it has
been criticised on the following grounds:
Discrepancy in the minimum age for marriage
The Act only makes the marriage voidable
Child marriage is a grave violation of the rights of the
child depriving them of opportunities and facilities to
develop in a healthy manner to obtain education and
to lead a life of freedom and dignity.
Complications and mortality are common during
childbirth for young pregnant girls.
Young girls face the risk of infection with sexually
transmitted diseases including HIV.
Women experience domestic violence from their
spouses and their relatives for a variety of reasons
Furthermore because young brides enter the marriage
at an early age, they do not develop personal and
social skills that will enable them to fend for
themselves.