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Child marriage is a common practice in many countries around the world, however it is especially prevalent in India, where more than a third of all child brides live. According to UNICEF, 47% of girls are married by 18 years of age, and 18% are married by 15 years of age. These marriages are often performed without the consent of those involved in the marriage. Indian law has made child marriage illegal, but it is still widely practiced across the nation. The highest rates are seen particularly in the rural states of Andhra Pradesh, Bihar, Madhya Pradesh, Rajasthan, and Uttar Pradesh. It affects both boys and girls, but statistics show that girls are far more likely to be in a child marriage than boys; however the percentage of girls forced into child marriage in India has declined in recent years. Many consider child marriage to be a human rights violation, often resulting in death, health issues, poverty, violence, and lack of education.

Definitions of Child Marriage

UNICEF defines child marriage as a formal marriage or union before 18 years of age. UN Women defines child marriage as a forced marriage before 18 years of age, since they believe children under age 18 are incapable of giving their consent.

History of Child Marriage

Political Turmoil

Child marriage, also known as Bal Vivaha, is believed to have begun during the medieval ages of India. At this time, the political atmosphere was turbulent and ruled by Delhi Sultans in an absolute monarchy government. The sultans had an extreme commitment to their religion and forced many to convert, causing socio-cultural unrest, and Hindu women suffered the most. These days of the Delhi Sultans produced practices such as child marriage and lowered the status of women even further. They invented the ill omen of giving birth to a female baby and believed that young unmarried girls caused disaster. Child marriage became a widespread cultural practice with various reasons to justify it, and many marriages were performed while the girl was still an infant in her cradle.

Military Alliances

Indian feudalism became present, a similar model to the system in Europe. In this society, characteristics such as honor, rivalry, and animosity were important qualities to possess, and because of this, families and kingdoms created strong military alliances to preserve or destroy power between them. To ensure the alliance was upheld by both sides, each family exchanged a young member of their household who was reared and educated at the other family's estate. The children were the assurance that the alliance between the families was honored, but in case it wasn't enough, the families made a marriage arrangement to deepen the alliance even further. They believed the marriage wouldn't work if they waited for the young children to grow up because they would become choosy and pick someone outside of the alliance. If they performed the marriage while the children were still young and susceptible to their parents' influence, the children would have no choice but to marry who their parents chose to strengthen the alliance.

The Caste System

The caste system is also believed to have contributed to the growth of child marriage. Castes, which are based on the statuses of birth and heredity, do not allow two people to marry if they are from different castes. This system was threatened by young people's emotions and desires to marry outside their caste, so, out of necessity, child marriage was created to ensure the caste system continued.

Laws Against Child Marriage

The Child Marriage Restraint Act of 1929

The Child Marriage Restraint Act, also called the Sarda Act , was a law to restrict the practice of child marriage. It was enacted on April 1, 1930, extended across the whole nation, with the exceptions of the states of Jammu and Kashmir, and applied to every Indian citizen. Its goal was to eliminate the dangers placed on young girls who could not handle the stress of married life and avoid early deaths. This Act defined a male child as twenty one years or younger, a female child as eighteen years or younger, and a minor as a child of either sex eighteen years or younger. The punishment for a male between eighteen and twenty one years marrying a child became imprisonment of up to fifteen days, a fine of one thousand rupees, or both. The punishment for a male above twenty one years of age became imprisonment of up to three months and a possible fine. The punishment for anyone who performed or directed a child marriage ceremony became imprisonment of up to three months and a possible fine, unless he could prove the marriage he performed was not a child marriage. The punishment for a parent or guardian of a child taking place in the marriage became imprisonment of up to three months or a possible fine. It was amended in 1940 and 1978 to continue raising the ages of male and female children.

The Prohibition of Child Marriage Act, 2006

Coming into effect on November 1, 2007, the Prohibition of Child Marriage Act (PCMA) was put into place to address and fix the shortcomings of the Child Marriage Restraint Act. The change in name 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 Act kept the ages of adult males and females the same but made some 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 must be returned if the marriage is nullified, and the girl must be provided with a place of residency until she marries or becomes an adult. 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 eighteen 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.