The Legal Battle to End Child Marriage in India

Child marriage is a social evil that affects millions of girls and boys in India. The latest census shows over 10 million child brides and 4 million child grooms in the country. Child marriage violates the rights of children to education, health, safety, and dignity. They run the risk of contracting HIV/AIDS, early pregnancy, domestic abuse, & assault as well.

The legal age of marriage in India is 18 for girls and 21 for boys, as per the Prohibition of Child Marriage Act (PCMA) of 2006. Factors like caste, inequality, religion, and customs often lead to legal breaches. The PCMA’s loopholes, including parental consent for those over 16 and a lack of penalties, allow child marriage to continue.

Some of the notable cases

In recent years, there have been several legal interventions to challenge and prevent child marriage in India. Some of the notable cases are:

Unrestricted sexual relations with a wife under the age of eighteen were ruled rape by the High Court of India in 2017. This landmark decision criminalized marital rape of child brides and allowed them to seek justice.
In 2018, the Delhi High Court issued an order of liberty to free a 15-year-old girl who went to marry an older man. The court directed that the police file a case against the groom and his family for kidnapping, rape, and child marriage.
The court said that the law could bring legal action for anyone who organizes or ends child marriages. The court held that the marriage was void ab initio (from the beginning) and that the girl had the right to choose her partner after attaining the age of majority.
In 2020, the Allahabad High Court ruled that marrying below the legal age is illegal and void. The court ruled that arranging or ending underage marriages is a state law offense.

Judges, NGOs, campaigners, and lawyers fighting child marriage in India have been instrumental in this legal victory. Some of the prominent NGOs that are involved in this cause are:

My Abhinandan

My Abhinandan is a skill development NGO in India that works for child education, environment, and women empowerment. My Abhinandan offers a wide range of services, from maternal healthcare and pediatric care to reproductive health services. Their Abhinandan offers care and training classes to help the poor.

Breakthrough

Success is a global human rights organization using media and arts to combat child marriage and protect women and girls. Breakthrough runs campaigns like “Nation Against Early Marriage” and “Selfies4School” to empower youth to fight child marriage.

Girls Not Brides

Girls Not Brides is a global network of 1,500+ organizations in 100+ countries, fighting child marriage and empowering girls. Girls Not Brides helps members advocate for legal reforms, run community programs, and share best practices.

Save the Children

Save the Children is an international NGO advocating for children’s rights and welfare in over 120 countries. Save a Child solves child marriage by reducing poverty & equal chance tasks like ‘Child Sensitive Social Protection’ & ‘Child Rights Governance’.

Plan India

Plan India is a child rights organization promoting children’s rights and gender equality. To avoid child marriage & advance girls’ leadership, education, and health, Plan India runs programs like “Saksham” and “18=18.”

These Child Rights NGOs, along with many others, are playing a vital role in the legal battle to end child marriage in India. They offer legal aid to child marriage victims and raise awareness to drive policy changes and public action. They’re fostering an environment to empower girls and boys, who are key agents of change and the nation’s future.