Events & Issues

New Delhi, 29 October 2012

Child Marriage To Prevent Rape

CAUGHT BETWEEN DEVIL & DEEP SEA

By Dr.S.Saraswathi

(Former Director, ICSSR, New Delhi)

An astounding suggestion has come from a khap panchayat in Haryana’s Rohtak district albeit to lower the marriage age prescribed by law from 18 to 16 years as a remedy to prevent rape cases. Indeed, a laughable suggestion which implies an unintentional allegation that men are by nature rapists and women should take care of themselves. 

Undeniably, this idea is an insult to men and women and should be condemned by all. True, we might condone the concerned khap panchayat for offering a prescription as bad as the disease. Against the backdrop, that these illegal and traditional panchayats are steeped in ignorance, superstition, and out-moded orthodox ideas which are irrelevant in present day.   The world has progressed fast and India too is not the India of even the last generation, what to speak of centuries.

What is more shocking is to hear the echo of this idea from the State’s former Chief Minister, Om Prakash Chautala. Given that one expected progressive ideas from one who was at the helm of affairs. Today, Chautala advocates new laws to allow boys and girls to marry before they are 18. Like the khap panchayat, he has also simplified the problem attributing crime to adolescent sexual behaviour which can be cured by marriage.

Scandalously, Haryana has been in the news for the increasing number of rape cases, many gang rapes wherein in most cases the victim is a Dalit woman. Also, gang rape takes place in the course of disputes between families and groups to settle scores and frighten opponents. Sickeningly, the sufferer is not always a young girl or woman but even children, middle-aged and elderly women are not spared.

Pertinently, nor are all offenders teenage boys or young adults. Studies reveal that married men having children, more than adolescent boys are involved in this heinous crime.  Underscoring that early marriage before 18 years is not sufficient deterrent to prevent   rape cases.

Further, Chautala recalls the medieval era when the custom of child marriage was common to shield girls from plunder by foreign conquerors.  Perhaps, his assumption is based on the premise that conquerors held marriage sacred and men would take care of their wives against the enemy’s armies.  But, history tells us otherwise.

In any case, it is a far fetched notion to believe that the sacrament of marriage can act as a protective cover for women and ward off ill-intentioned men.  We are presently faced with the problem of ensuring safety to women under all conditions.  The enemies here are local rowdies and professional goondas hiding in various garbs.

In a number of cases, rapists are hirelings or friends brought by the main culprit.  Their links with financial and political power holders as established in a number of cases further disproves the significance that a minimum age for marriage would result in less rape cases.

Remember, rape is a horrific crime against women and must be treated as a serious offense.  Any attempt to lessen the gravity of this felony and suggest amendments to our laws will not result in reduction in the number of cases.  Unfortunately, there is rampant public insensitivity and results in people and community finding causes for rape incidents.

Notably, the suggestion regarding lowering the legal age of marriage is an outcome of this exercise which aims at reforming reformist legislation by putting the clock back.  Other equally revolting comments are voiced by some people who matter.

Very often, the blame is put on the way girls’ dress and their friendly behaviour, hinting that they invited trouble.  Even the judiciary at times has reportedly made adverse observations on women’s dress and character and on that basis awarded lesser punishment to rapists than they deserve.

Interestingly, world-over 11^th October is observed as the International Day of the Girl Child, yet are khaps talk of legalising child marriage. Statistics released by UNICEF, UNIFPA, and UN Information Centre tell us that 40% of child marriages in the world take place in India.  During 2010-11, around 47% were in the 20-24 years age-group and were married before they were 18.  In 2007-08, girl child marriages accounted for 43% of marriages in the country.

Clearly, child marriage is one of the main causes for several other social problems.  One, it results in ending the school education of a girl bride making semi-literate.  Two, the lass is physically immature for marriage and maternity.  Adding, to an already high rate of infant and child mortality and malnutrition.

According to health surveys, there is a direct link between women’s status in terms of education and health and prevalence of infant mortality and malnutrition of children. Wherein, women who become pregnant as teenagers might not be physically fit for pregnancy.  They give birth to low weight babies who remain stunted. 

The National Family Health Survey found that 47% of girls in the 15-19 age-group were anaemic.   Thus, children born to them had to struggle for survival.  More. Malnutrition among children of illiterate mothers was more than twice that of children born to mothers who had completed at least 10 years of schooling.

Undoubtedly, those who recommend child marriage ignore its impact on not only education and health but are also unmindful of the harm they are doing to girls.  Already, India is ranked low in social indicators and is far from the Millennium Development Goals. 

There is no gainsaying, that khap panchayats which want to take the country back to the medieval era need to be educated first.  The Delhi High Court, in a recent case, has adjudicated that consummation of marriage with a girl less than 15 years even with her consent is an offence amounting to rape.  The members of the khap panchayat need to be told of rape within marriage.

In sum, women are not anybody’s personal property to be disposed of according to their convenience. Their rights have to be protected. To suggest child marriage as a means of preventing rape is like offering a choice between the devil and deep sea.

However, there is a ray of hope that all is not lost. The khap mahapanchayat held at Sonepat recently has disapproved the idea of reviving child marriage, instead it has recommended constitution of awareness cells to campaign in rural areas to educate people including young boys and girls to help curb crimes against women.

Therefore, leaders must arise from within the khap panchayats to convert these illegal bodies as registered NGOs to work for the welfare of children, women and other disadvantaged groups. -----INFA

(Copyright, India News and Feature Alliance)