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Events &
Issues
New Delhi, 28 October 2013
UN On Early Marriages
INDIA LETS DOWN ITS GIRL CHILD
By Col (Dr) PK Vasudeva (Retd)
The reportage that India recently refused
to sign a United Nations resolution against early or forced marriages, is not
only unfortunate, but sadly reveals the Government’s lack of commitment to do
away with the social ill of child marriages in the country. Worse, when statistics
staring it in the face suggest that one third of all child brides in the world are
in India!
The Indian
law clearly defines child marriages as those involving marrying girls before
the legal age of 18 years and 21 years for boys. And, while it makes such
marriages illegal, its enforcement agencies have made a mockery of it. Though
the country “accounts for 24 million of the 60 million such marriages all over
the world,” in 2012 only 400 persons were booked for violating the law of the
land. Indeed, a sad reflection.
Apparently, such marriages are often performed without the
consent of the girls involved and about 47 per cent of girls are married by 18
years of age, and 18 per cent by 15 years of age. The highest rates are seen in
the rural States of Andhra Pradesh, Bihar,
Madhya Pradesh, Rajasthan, and Uttar Pradesh. While child marriages affect both
boys and girls, statistics show that girls are far more likely to be forced
into a child marriage than boys. There is, however, a silver lining that such
cases are on the decline over the years. But it amounts to a drop in the ocean.
According to the UNICEF, multiple set of factors contribute
to the persistence of the phenomenon. These include: gender norms and
expectations, traditional practices around marriage, safety concerns and family
honour, poverty, limited education and livelihood opportunities and weak
implementation of the law. In particular, patriarchal values play a significant
role in child marriage. Sadly, girls continue to be considered as a ‘property’
moving from the father’s to the groom’s household and their role as housewives
is the only future conceived for girls by their family.
Child marriage, also known as ‘Bal Vivaha’, in India
is believed to have taken roots during the medieval ages. The political
atmosphere was turbulent under the Delhi Sultans, who having a strong commitment
to their religion, forced many to convert, causing socio-cultural unrest, in
which the Hindu women suffered the most. Those times led to practices such as
child marriage and lowered the status of women even further. Absurd as it may
sound, the birth of a girl child was considered an ill omen and that young
unmarried girls would cause harm to the family. Thus, child marriages became a
culture, which hounds our society even in the 21st Century.
India’s refusal to sign the first-ever global resolution against early
and forced marriages, has come as a shock to many NGOs working in the field, as
they note that among the 107 countries that went along with it, there were also
those who have a high rate of child marriages, including Ethiopia, Guatemala,
South Sudan and Yemen. Besides, it is no consolation that Bangladesh, Sri
Lanka and Pakistan
were the other South Asian countries who were unwilling to co-sponsor the resolution,
which nevertheless was passed with a thumping majority.
Therefore,
India
along with the non-sponsoring nations stood isolated in the world forum. The UN
resolution recognised child, early and forced marriages as human rights
violations, and specifically called for their elimination and inclusion of this
aim in the post-2015 agenda of all nations. The Foreign Ministry has
unconvincingly stated that India
was not opposed to the resolution but chose not to co-sponsor it because the
phrase ‘early marriage’ was not defined! This is a lame and technical excuse
because the domestic law has already defined the age.
The fact
is that it did not want to actively associate with a resolution, which it wasn’t
fully prepared to implement. This was clear from the observations India made at
the UN venue that the cause of child marriages was poverty and backwardness and
it was better to allow these practices to die out naturally. This amounts to an
attempt to evade responsibility and unwillingness to effectively enforce
the law.
It is this
questionable attitude that has tainted India’s position. Human rights
organisations and groups that have campaigned against child marriages have rightly
condemned India’s
lack of will in the matter. Marriages before the age of physical and
psychological maturity are damaging from both health and reproductive
points of view. Such marriages also deprive children of their right to
education. Many problems such as high rates of maternal and infant mortality
and domestic violence and low status of women can be attributed to this
practice, as the girl child has no voice.
Recall that the Union
Government brought the Prohibition of Child Marriage Act (PCMA) in 2006, to
address and fix the shortcomings of the Child Marriage Restraint Act. The
change in title was meant to reflect the prevention and prohibition of child
marriage, rather than restraining it. The previous Act also made it difficult
and time consuming to act against child marriages and did not focus on
authorities as possible figures for preventing the marriages.
This 2006 Act retained
the age of adult males and females but made few significant changes to further
protect the children. Boys and girls forced into child marriages as minors have
the option of voiding their marriage up to two years after reaching adulthood,
and in certain circumstances, marriages of minors can be null and void before
they reach adulthood. All valuables, money, and gifts are to be returned if the
marriage is nullified, and the girl must be provided with a home until she
marries or becomes an adult.
However, children
born from child marriages are considered legitimate, and the courts are
expected to give parental custody with the children's best interests in mind.
Any male over 18 years of age who enters into a marriage with a minor or anyone
who directs or conducts a child marriage ceremony can be punished with up to
two years of imprisonment or a fine.
But, the Government needs to take note of UNICEF’s advice
that given the nature of the phenomenon, addressing child marriage “requires a comprehensive strategy
targeting different dimensions, including education, empowerment and economic
vulnerability.” Although its data does
not disclose information on behaviours and beliefs around child marriage, “promoting
attitudes and behaviours which value the girl child and see the importance of
education and freedom of choice is also essential.”
Thus,
while the Government has let us down badly in the world forum and sent an
avoidable wrong signal about its will to curb this practice, it must make
amends. India
cannot play with the future of its girl child, especially when there are
demands within the country to lower the age of marriage. It must demonstrate: “If
there is a will, there is a way.” --- INFA
(Copyright,
India News and Feature Alliance)
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