Jump to content

Examine individual changes

This page allows you to examine the variables generated by the Edit Filter for an individual change.

Variables generated for this change

VariableValue
Edit count of the user (user_editcount)
null
Name of the user account (user_name)
'117.230.95.215'
Age of the user account (user_age)
0
Groups (including implicit) the user is in (user_groups)
[ 0 => '*' ]
Rights that the user has (user_rights)
[ 0 => 'createaccount', 1 => 'read', 2 => 'edit', 3 => 'createtalk', 4 => 'writeapi', 5 => 'viewmywatchlist', 6 => 'editmywatchlist', 7 => 'viewmyprivateinfo', 8 => 'editmyprivateinfo', 9 => 'editmyoptions', 10 => 'abusefilter-log-detail', 11 => 'centralauth-merge', 12 => 'abusefilter-view', 13 => 'abusefilter-log', 14 => 'vipsscaler-test' ]
Whether the user is editing from mobile app (user_app)
false
Whether or not a user is editing through the mobile interface (user_mobile)
true
Page ID (page_id)
35442300
Page namespace (page_namespace)
0
Page title without namespace (page_title)
'Child marriage in India'
Full page title (page_prefixedtitle)
'Child marriage in India'
Edit protection level of the page (page_restrictions_edit)
[]
Last ten users to contribute to the page (page_recent_contributors)
[ 0 => 'ItsSkV08', 1 => '2409:4070:4D99:A15B:0:0:AB4A:380F', 2 => 'DaxServer', 3 => 'Fowler&fowler', 4 => 'Murtaza.aliakbar', 5 => 'Podishetti', 6 => '2600:1700:A9B0:6B90:7905:7F60:5598:44C', 7 => 'NotPixel', 8 => '2409:4050:2D9D:4CAC:906F:BC45:70F9:F17A', 9 => 'Enwebb' ]
Page age in seconds (page_age)
295895792
Action (action)
'edit'
Edit summary/reason (summary)
''
Old content model (old_content_model)
'wikitext'
New content model (new_content_model)
'wikitext'
Old page wikitext, before the edit (old_wikitext)
'{{short description|Child marriages in India}}{{POV|date=July 2021|talk=Neutrality of the article}} {{EngvarB|date=March 2014}} {{Use dmy dates|date=March 2014}} [[File:ChildMarriageIndiabySDRC.jpg|thumb|Child Marriage India by SDRC]] '''Child marriage in India''', according to the [[Indian law]], in a [[marriage in India|marriage]] where either the woman is below the age of 18 or the man is below the age of 21. Most child marriages involve girls, many of whom are in poor [[Socio-economic issues in India|socio-economic conditions]]. Child marriages are prevalent in [[India]]. Estimates vary widely between sources as to the extent and scale of child marriages. The [[International Center for Research on Women]]-[[UNICEF]] publications have estimated India's child marriage rate to be 47% from a sample surveys of 1998,<ref name=icrw98/> while the [[United Nations]] reports it to be 30% in 2005.<ref name=un05/> The [[Census of India]] has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below the age of 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.<ref name="censusindia.gov.in">.[http://censusindia.gov.in/Tables_Published/C-Series/c_series_tables_2001.aspx Table C-2 Marital Status by Age and Sex] Subtable C0402, India Total Females Married by Age Group, 2001 Census of India, Government of India (2009)</ref> [[Times of India]] reported that 'since 2001, child marriage rates in India have fallen by 46% between 2005 and 2009.<ref name=toi2012>K. Sinha [http://timesofindia.indiatimes.com/india/Nearly-50-fall-in-brides-married-below-18/articleshow/11829410.cms Nearly 50% fall in brides married below 18] The Times of India (February 10, 2012)</ref>[[Jharkhand]] is the state with highest child marriage rates in India (14.1%), while Kerala is the only state where child marriage rates have increased in recent years.<ref name=toi2012/><ref>R Gopakumar, [http://www.deccanherald.com/content/170084/child-marriages-high-kerala.html Child marriages high in Kerala] Deccan Herald (June 19, 2013)</ref> [[Jammu and Kashmir (state)|Jammu and Kashmir]] was reported to be the only state with lowest child marriage cases at 0.4% in 2009.<ref name=toi2012/> Rural rates of child marriages were three times higher than urban India rates in 2009.<ref name=toi2012/> Child marriage was outlawed in 1929, under Indian law. However, in the British colonial times, the legal minimum age of marriage was set at 14 for girls and 18 for boys. Under protests from Muslim organizations in undivided British India, a personal law [[Sharia]]t Act was passed in 1937 that allowed child marriages with consent from a girl's guardian.<ref name=usfca/> After India's independence in 1947, the act underwent two revisions. The minimum legal age for marriage was increased to 15 for girls in 1949, and to 18 for females and 21 for males in 1978.<ref name=graner-lead>{{citation|last=Graner|first=Elvira|editor=Samita Sen, Anindita Ghosh|title=Love, Labour and Law: Early and Child Marriage in India|url=https://books.google.com/books?id=3LYREAAAQBAJ&pg=PA63|year=2020|publisher=SAGE Publishing |isbn=978-93-81345-60-3|page=63|chapter=Governing Child Marriage in India: The Protracted Reform Process|quote=In 1929, the Indian Legislative Assembly passed the Child Marriage Restraint Act. While the Act initially set the marriage age at 14 for girls, two amendments in 1949 and 1978, first increased the age to 15 and later onto 18.}}</ref> The child marriage prevention laws have been challenged in Indian courts,<ref name=usfca/> with some Muslim Indian organizations seeking no minimum age and that the age matter be left to their personal law.<ref name=rbit/><ref name=ik2001/> Child marriage is an active political subject as well as a subject of continuing cases under review in the highest courts of India.<ref name=rbit/> Several states of India have introduced incentives to delay marriages. For example, the state of [[Haryana]] introduced the so-called ''Apni Beti, Apna Dhan'' program in 1994, which translates to "My daughter, My wealth". It is a [[conditional cash transfer]] program dedicated to delaying young marriages by providing a government paid bond in her name, payable to her parents, in the amount of {{INRConvert|25000}}, after her 18th birthday if she is not married.<ref name="autogenerated3"/> ==Definitions of child marriage== === India === Child marriage is a complex subject under [[Indian law]]. It was defined by The [[Child Marriage Restraint Act]] in 1929,<ref>[http://wcd.nic.in/child-marriage-restraint-act-1929-19-1929 The Child Marriage Restraint Act, 1929] British India</ref> which set the minimum age of marriage for females to be 14 and males 18. The law was opposed by Muslims and subsequently superseded for Muslims of British India by the Muslim Personal Law (Shariat) Application Act of 1937,<ref name="usfca">Hilary Amster, [http://www.usfca.edu/law/docs/child_marriage/ Child marriage in India] {{Webarchive|url=https://web.archive.org/web/20140714204544/http://www.usfca.edu/law/docs/child_marriage/ |date=14 July 2014 }} University of San Francisco (2009)</ref> which implied no minimum limit and allowed parental or guardian consent in case of Muslim marriages. The 1929 law for non-Muslims was amended twice after India gained independence in 1947. In 1949, the minimum age for girls was increased to 15, and in 1978 the minimum age was increased for both genders: to 18 for females and 21 for males.<ref name=graner-section>{{citation|last=Graner|first=Elvira|editor=Samita Sen, Anindita Ghosh|title=Love, Labour and Law: Early and Child Marriage in India|url=https://books.google.com/books?id=3LYREAAAQBAJ&pg=PA63|year=2020|publisher=SAGE Publishing |isbn=978-93-81345-60-3|page=63|chapter=Governing Child Marriage in India: The Protracted Reform Process|quote=In 1929, the Indian Legislative Assembly passed the Child Marriage Restraint Act. While the Act initially set the marriage age at 14 for girls, two amendments in 1949 and 1978, first increased the age to 15 and later onto 18.}}</ref><ref name=ohchrun>[http://www.ohchr.org/Documents/Issues/Women/WRGS/ForcedMarriage/NGO/HAQCentreForChildRights1.pdf Child Marriage in India: Achievements, Gaps and Challenges] [[Office of the United Nations High Commissioner for Human Rights|OHCHR]], United Nations</ref> The applicability and permissibility of child marriage among Muslims under the 1937 Act, under India's Constitution adopted in 1950, remains a controversial subject, with a series of Supreme Court cases and rulings.<ref name=usfca/> The definition of child marriage was last updated by India with its [[The Prohibition of Child Marriage Act, 2006|The Prohibition of Child Marriage Act of 2006]], which applies to all Indians except the state of [[Jammu and Kashmir (state)|Jammu and Kashmir]] and the renoucants of the union territory of Puducherry. For Muslims of India, child marriage definition and regulations based on [[Sharia]] and [[Nikah]] has been claimed by some as a personal law subject but has been ruled by various courts that it applies to Muslims also.<ref name=usfca/><ref name=rbit>M.G. Radhakrishnan and J. Binduraj, [http://indiatoday.intoday.in/story/child-marriage-indian-union-muslim-league-kerala-underage-marriages/1/287096.html In a league of their own] India Today (July 5, 2013)</ref> For all others, The Prohibition of Child Marriage Act of 2006 defines "child marriage" means a marriage, or a marriage about to be solemnized, to which either of the contracting parties is a child; and ''child'' for purposes of marriage is defined based on gender of the person - if a male, it is 21 years of age, and if a female, 18 years of age.<ref name=cma2006>[http://lawmin.nic.in/ld/P-ACT/2007/The%20Prohibition%20of%20Child%20Marriage%20Act,%202006.pdf The Prohibition of Child Marriage Act of 2006] {{Webarchive|url=https://web.archive.org/web/20180127064420/http://lawmin.nic.in/ld/P-ACT/2007/The%20Prohibition%20of%20Child%20Marriage%20Act,%202006.pdf |date=27 January 2018 }} The Gazette of India, Ministry of Law and Justice, Government of India (January 11, 2007)</ref> === World === [[UNICEF]] defines [[child marriage]] as a formal marriage or informal union before 18 years of age,<ref name="unicef1">{{Cite web |title=Child marriage |url=https://www.unicef.org/protection/child-marriage |access-date=6 March 2021 |archive-url=https://archive.is/MCvXr |archive-date=28 Jul 2020 |work=UNICEF}}</ref><ref>{{Cite web |title=Child marriage is a violation of human rights, but is all too common |url=https://data.unicef.org/topic/child-protection/child-marriage/ |archive-url=https://archive.is/uVwEa |archive-date=27 Oct 2018 |access-date=22 July 2021}}</ref> because it can lead to a lifetime of suffering for girls who are more likely to experience domestic violence or die due to complications in pregnancy and childbirth.{{r|unicef1}}<ref>{{cite web|url=https://www.unicef.org/stories/child-marriage-around-world |title=Child marriage around the world |access-date=22 July 2021 |work=UNICEF |archive-url=https://archive.is/oqtGn |archive-date=22 July 2021}}</ref> [[UN Women]] proposes that [[child marriage]] be defined as a forced marriage because they believe children under age are incapable of giving a legally valid consent.<ref>{{cite web|url=http://www.endvawnow.org/en/articles/614-definition-of-forced-and-child-marriage.html |work=UN Women|title= Definition of forced and child marriage|year= 2012}}</ref> ==Statistics== Child marriage rate estimates in India vary significantly between sources. ===UN and other estimates=== {|class="wikitable sortable" !Source||% Females married<br/>(< 18)||Data Year||Sampling method||Reference |- | ICRW|| align=center|47|| align=center|1998||small sample survey||<ref name=icrw98>{{cite web|url=http://www.icrw.org/child-marriage-facts-and-figures|title=Child Marriage Facts and Figures}}</ref> |- | [[UN]]|| align=center|30|| align=center|2005||small sample survey||<ref name=un05>{{cite web|url=http://unstats.un.org/unsd/demographic/products/indwm/ww2005/tab2a.htm|title=United Nations Statistics Division - Demographic and Social Statistics}}</ref> |- | NFHS-3|| align=center|44.5|| align=center|1998-2002||small sample survey||<ref name=wcd2007>[http://wcd.nic.in/stat.pdf A Handbook of Statistical Indicators of Indian Women] {{Webarchive|url=https://web.archive.org/web/20140714144100/http://wcd.nic.in/stat.pdf |date=14 July 2014 }} Ministry of Women and Child Welfare, Govt of India (2007)</ref><ref>{{cite journal | last1 = Raj | first1 = A. | last2 = Saggurti | first2 = N. | last3 = Balaiah | first3 = D. | last4 = Silverman | first4 = J. G. | year = 2009 | title = Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional, observational study | journal = The Lancet | volume = 373 | issue = 9678| pages = 1883–1889 | doi=10.1016/s0140-6736(09)60246-4 | pmid=19278721 | pmc=2759702}}</ref> |- | [[UNICEF]]|| align=center|47|| align=center|2005-06||||<ref name=UNICEF>{{cite web|url=https://www.indiatoday.in/india/story/child-marriages-widespread-in-bihar-rajasthan-and-bengal-unicef-report-1454035-2019-02-12|title=Child marriage widespread in Bihar, Rajasthan and Bengal: Unicef report|work=India Today|date=12 February 2019|access-date=27 December 2019}}</ref> |- | [[UNICEF]]|| align=center|27|| align=center|2015-16||||<ref name=UNICEF/> |- | | NFHS-4|| align=center|26.8|| align=center|2015-2016||||<ref>https://www.livemint.com/Politics/PRft3fAiTAnZj6KVZR3FHN/23-million-child-brides-in-India-Supreme-Court-expresses-di.html</ref> |} The small sample surveys have different methods of estimating overall child marriages in India, some using multi-year basis data. For example, NFHS-3 and NFHS-4 data for 2005 mentioned in above table, used a survey of women aged 20–24, where they were asked if they were married before they were 18.<ref name=wcd2007/> The NFHS-3 also surveyed older women, up to the age of 49, asking the same question. The survey found that many more 40-49 were married before they turned 18, than 20-24 age women who were interviewed. In 1970s, the minimum legal age of marriage, in India, for women was 15.<ref name=ohchrun/> According to UNICEF report published in 2005-06, child marriage rates in India were estimated to be around 47%. This figure declined to 27% in 2015-16 according to a new report published by UNICEF. UNICEF also reported that the child marriage was wide spread in three Indian states ([[Rajasthan]], [[Bihar]] and [[Bengal]]) and there is a 40% prevalence of child marriage in these states.<ref name=UNICEF/> Javier Aguilar, UNICEF’s chief of child protection, stated that the India accounts for the highest number of child marriages in [[South Asia]] given its size and population.<ref>{{cite news|url=https://www.reuters.com/article/us-india-gender-child-marriage/indias-child-marriage-numbers-drop-sharply-driving-down-global-rate-unicef-idUSKBN1GI03F|title=India's child marriage numbers drop sharply, driving down global rate: UNICEF|last=Srivastava|first=Roli|date=6 March 2018|access-date=27 December 2019}}</ref> ===Indian government estimate=== {|class="wikitable sortable" !Source||% Females married<br/>(< 18)||Data Year||Sampling method||Reference |- | Census of India|| align=center|43.4|| align=center|1981|| Nationwide census||<ref name= jbea/> |- | Census of India|| align=center|35.3|| align=center|1991|| Nationwide census||<ref name= jbea>Jasodhara Bagchi et al., The Changing Status of Women in West Bengal, 1970-2000: The Challenge Ahead, SAGE Publications, {{ISBN|978-0761932420}}, Table 1.10, page 29, rows for India totals</ref> |- | Census of India|| align=center|14.4|| align=center|2001|| Nationwide census||<ref name="censusindia.gov.in"/> |- | Census of India|| align=center|3.7|| align=center|2011|| Nationwide census||<ref name=chap22011>[http://www.censusindia.gov.in/vital_statistics/SRS_Report/9Chap%202%20-%202011.pdf Percentage of Female by age at effective marriage and by residence India and bigger States, 2011] Chapter 2, Population Composition, Table Statement 12, India totals for ''< 18'', 2011 Census of India, Government of India (2013), page 26</ref> |} The states with highest observed marriage rates for under-18 girls in 2009, according to a Registrar General of India report, were Jharkhand (14.1%), West Bengal (13.6%), Bihar (9.3%), Uttar Pradesh (8.9%) and Assam (8.8%).<ref name=toi2012/> According to this report, despite sharp reductions in child marriage rates since 1991, still 7% of women passing the age of 18 in India were married as of 2009. UNICEF India has played a significant role in highlighting the Indian child marriage rate prevalence data from its 1990s study. According to 2011 nationwide census of India, the average age of marriage for women is 21.2.<ref>[http://www.censusindia.gov.in/vital_statistics/SRS_Report/9Chap%202%20-%202011.pdf Mean age at effective marriage of Female by residence India and bigger States, 2011] Chapter 2, Population Composition, Table Statement 13, India totals for All ages, 2011 Census of India, Government of India (2013), page 27</ref><ref>[http://mospi.nic.in/mospi_new/upload/women_men_2012_31oct12.pdf Women and men in India 2012] {{webarchive|url=https://web.archive.org/web/20131012024158/http://mospi.nic.in/mospi_new/upload/women_men_2012_31oct12.pdf |date=12 October 2013 }} CSO/Census India 2011, Government of India, See page xxi, Highlights item 5</ref> In the age group 15-19, 69.6% of all women surveyed in India had never been married.<ref>[http://www.rchiips.org/nfhs/NFHS-3%20Data/VOL-1/Chapter%2006.pdf National Family Health Survey - India], International Institute for Population Sciences and Government of India (2009), see Table 6.1</ref> ===Criticism=== Several activists have expressed scepticism regarding the decline in child marriage cases in India.<ref name=npr/> They believe that 'the '''[[UNICEF]]''' report might not be reflecting reality on the ground and the numbers are likely not as low as they appear in the report'.<ref name=npr/> They state that the data relating to child marriage is colled by local government and not by UNICEF. In India, the government ask about the age of bride and groom as a part of [[Census of India|census data]], which is collected every year. However, since the people know that child marriage is illegal in India, so they are less likely to tell the authorities that they have broken the law.<ref name=npr/> Dhuwarakha Sriram, child protection specialist at UNICEF India, says that "everyone knows that there is underreporting in India - even the UNICEF is aware of it". According to Sriram, people are aware of the illegal age of marriage in India, so they are less likely to tell the truth, which in turn leads to underreporting.<ref name=npr>{{cite news|url=https://www.npr.org/sections/goatsandsoda/2018/03/14/593155781/unicefs-good-news-about-child-marriage-isnt-quite-as-good-as-it-sounds|title=UNICEF's Good News About Child Marriage Isn't Quite As Good As It Sounds|date=14 March 2018|work=npr.org|access-date=27 December 2019}}</ref> Kriti Bharti, who runs a Non government organisation called Saarthi, said that people in [[Rajasthan]] have come up with ways to evade the law.<ref name=npr/> The people in Rajasthan holds marriage ceremony at night with only small group of people attending the marriage which reduces the chance of neighbour or relative alerting the police.<ref name=npr/> Once the marriage has taken place, the underage bride is not sent to live with her husband until she reaches puberty. This way, even if the authorities have been tipped off, the families can simply deny any wrongdoing. Bharti states that 'in some parts of India, authorities are not always interested and child marriage may be accepted as a part of the culture.<ref name=npr/> ==Laws against child marriage== ===The Child Marriage Restraint Act of 1929=== The [[Child Marriage Restraint Act]], also called the Sarda Act,<ref name="sanhati1">{{cite web|author=Goswami, Ruchira|year= 2010|title=Child Marriage in India: Mapping the Trajectory of Legal Reforms|url= http://sanhati.com/excerpted/2207/}}</ref> was a law to restrict the practice of [[child marriage]]. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions of some princely states like [[Hyderabad State|Hyderabad]] and [[Jammu]] and [[Kashmir]]. This Act defined the age of marriage to be 18 for males and 14 for females. In 1949, after India's independence, the minimum age was increased to 15 for females, and in 1978, it was increased again for both females and males, to 18 and 21 years, respectively. The punishment for a male between 18 and 21 years marrying a child became imprisonment of up to 15 days, a fine of 1,000 [[rupees]], or both. The punishment for a male above 21 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.<ref>{{cite web|publisher= Government of India [[Ministry of Women and Child Development]]|title= The Child Marriage Restraint Act|url= http://wcd.nic.in/cmr1929.htm|access-date= 10 April 2012|archive-url= https://web.archive.org/web/20120327144348/http://wcd.nic.in/cmr1929.htm|archive-date= 27 March 2012|url-status= dead}}</ref> It was amended in 1940 and 1978 to continue raising the ages of male and female children.<ref name="sanhati1"/> ===The Prohibition of Child Marriage Act, 2006=== In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings of the [[Child Marriage Restraint Act]].<ref name="unicef2006">{{cite web|url=http://www.unicef.org/india/Child_Marriage_handbook.pdf|title=Unicef India - UNICEF}}</ref> The change in name was meant to reflect the prevention and prohibition of [[child marriage]], rather than restraining it.<ref name="sanhati1"/><ref name="unicef2006"/> 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.<ref name="unicef2006"/> 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 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.<ref>{{cite web|url=http://sanhati.com/excerpted/2207/|title=Child Marriage in India: Mapping the Trajectory of Legal Reforms at Sanhati}}</ref> ==== Applicability ==== Muslim organizations of India have long argued<ref name=ik2001>[http://indiankanoon.org/docfragment/877770/?formInput=muslim%20child%20marriage Muzaffar Ali Sajjad And Ors. vs State Of Andhra Pradesh on 9 November, 2001] Andhra Pradesh High Court, India</ref><ref>[http://indiankanoon.org/docfragment/877770/?formInput=muslim%20child%20marriage Mrs. Tahra Begum vs State Of Delhi & Ors. on 9 May, 2012] Archive of Legal Proceedings, Delhi High Court, India</ref> that Indian laws, passed by its parliament, such as the 2006 child marriage law do not apply to Muslims, because marriage is a personal law subject.<ref name=usfca/><ref name=rbit/> The Delhi High Court, as well as other state high courts of India, have disagreed. The Delhi Court, for example, ruled that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs each and every citizen of India<ref name="jcc">2012 [Volume No. 3] JCC [Journal of Criminal Cases] Page No. 2148</ref> The ruling stated that an under-age marriage, where either the man or woman is over 16 years old, would not be a void marriage but voidable one, which would become valid if no steps are taken by such court as has option[s] to order otherwise. In case either of the parties is less than 18 years old, the marriage is void, given the age of consent is 18 in India, sex with minors under the age of 18 is a statutory crime under Section 376 of Indian Penal Code.<ref name="jcc"/> Various other High courts in India - including the [[Gujarat High Court]],<ref>{{cite web|url=http://indianexpress.com/article/cities/ahmedabad/prohibition-of-child-marriage-act-to-prevail-over-personal-laws-hc/|title=Prohibition of Child Marriage Act to prevail over personal laws: HC|date=25 September 2015|work=The Indian Express}}</ref> the [[Karnataka High Court]]<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Child-Marriage-Act-overrides-Muslim-Personal-Law-Karnataka-high-court/articleshow/18700656.cms|title=Child Marriage Act overrides Muslim Personal Law: Karnataka high court|work=The Times of India}}</ref> and the [[Madras High Court]]<ref>{{cite web|url=http://www.dnaindia.com/india/report-madras-hc-says-anti-child-marriage-act-prevails-over-muslim-personal-law-2073796|title=Madras HC says anti-child marriage act prevails over Muslim Personal Law|date=1 April 2015|work=dna}}</ref> - have ruled that the act prevails over any personal law (including Muslim personal law). === Legal Action on Legal Confusion === There is a standing legal confusion as to Marital Rape within prohibited Child Marriages in India. Marital rape per se is not a crime in India; but the position with regard to children is confusing. While the exception under the criminal law (section 375, Indian Penal Code, 1860) applicable to adults puts an exception and allows marital rape of a girl child between the age of 15–18 years by her husband. However this provision of exception has been read down by the Supreme Court of India in the case of Independent Thought v. Union of India in October, 2017 and it declares that sexual intercourse with all wives below 18 years of age shall be considered as rape; another new and progressive legislation Protection of Children from Sexual Offences Act, 2012 disallows any such sexual relationships and puts such crimes with marriages as an aggravated offense. ===CEDAW=== The [[Convention on the Elimination of All Forms of Discrimination Against Women]] (CEDAW) is an international bill attempting to end discrimination against women. Article 16, Marriage and Family Life, states that all women, as well as men, have the right to choose their spouse, to have the same responsibilities, and to decide on how many children and the spacing between them. This convention states that [[child marriage]] should not have a legal effect, all action must be taken to enforce a minimum age, and that all marriages must be put into an official registry.<ref>{{cite web|url=https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article16|title=CEDAW 29th Session 30 June to 25 July 2003}}</ref> India signed the convention on 30 July 1980 but made the declaration that, because of the nation's size and population, it's impractical to have a registration of marriages.<ref>{{cite web|url=http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en#EndDec|title=UNTC}}</ref> ==Consequences of child marriage== ===Early maternal deaths=== Girls who marry earlier in life are less likely to be informed about [[reproductive issues]],<ref>Chandrasekhar, S., 2010, "Factors Affecting Age and Marriage and Age at First Birth in India," Journal of Quantitative Economics, pg. 83</ref> and because of this, pregnancy-related deaths are known to be the leading cause of mortality among married girls between 15 and 19 years of age.<ref>{{cite web|website=childinfo.org|year= 2009|title=Statistics by Area- Child Marriage |url=http://www.childinfo.org/marriage.html}}</ref> These girls are twice more likely to die in childbirth than girls between 20 and 24 years of age.<ref>{{cite web|publisher=UNICEF|title=Early marriage: A childhood interrupted|url= http://www.unicef.org/india/child_protection_1536.htm}}</ref> Girls younger than 15 years of age are 5 times more likely to die in childbirth.<ref name="autogenerated1">{{cite web|publisher=International Center for Research on Women|title=Child Marriage Facts and Figures|url= http://www.icrw.org/child-marriage-facts-and-figures}}</ref><ref name="autogenerated2">Hervish, Alexandra, Charlotte Feldman-Jacobs, 2011, "Who Speaks for Me? Ending Child Marriage," Population Reference Bureau, page 2</ref> ===Infant health=== Infants born to mothers under the age of 18 are 60% more likely to die in their first year than to mothers over the age of 19. If the children survive, they are more likely to suffer from low birth weight, [[malnutrition]], and late physical and [[cognitive development]].<ref name="unicef1"/><ref name="autogenerated2"/> ===Fertility outcomes=== A study conducted in India by the [[International Institute for Population Sciences]] and Macro International in 2005 and 2006 showed high fertility, low fertility control, and poor fertility outcomes data within [[child marriages]]. 90.8% of young married women reported no use of a [[contraceptive]] prior to having their first child. 23.9% reported having a child within the first year of marriage. 17.3% reported having three or more children over the course of the marriage. 23% reported a rapid repeat childbirth, and 15.2% reported an [[unwanted pregnancy]]. 15.3% reported a [[pregnancy termination]] ([[stillbirths]], [[miscarriages]] or [[abortions]]).<ref>{{cite journal | pmc = 2759702 | pmid=19278721 | doi=10.1016/S0140-6736(09)60246-4 | volume=373 | title=Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional, observational study | year=2009 | journal=Lancet | pages=1883–9 | last1 = Raj | first1 = A | last2 = Saggurti | first2 = N | last3 = Balaiah | first3 = D | last4 = Silverman | first4 = JG| issue=9678 }}</ref> Fertility rates are higher in slums than in urban areas.<ref>{{cite journal | last1 = Chandrasekhar | first1 = S | year = 2010 | title = Factors Affecting Age and Marriage and Age at First Birth in India | journal = Journal of Quantitative Economics | page = 86 }}</ref> ===Violence=== Young girls in a [[child marriage]] are more likely to experience domestic violence in their marriages as opposed to older women. A study conducted in India by the [[International Centre for Research on Women]] showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or threatened by their husbands<ref name="autogenerated1"/> and three times more likely to experience sexual violence.<ref>United States Agency for International Development, 2007, "New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs," pg. 9</ref> Young brides often show symptoms of [[sexual abuse]] and [[post-traumatic stress]].<ref name="autogenerated1"/> ==Prevention programmes in India== Apni Beti, Apna Dhan (ABAD), which translates to "My daughter, My wealth," is one of India's first [[conditional cash transfer]] programmes dedicated to delaying young marriages across the nation. In 1994, the [[Indian government]] implemented this programme in the state of [[Haryana]]. On the birth of a mother's first, second, or third child, they are set to receive {{INR}} 500, or US$11 within the first 15 days to cover their post-delivery needs. Along with this, the government gives {{INR}} 2,500, or US$35, to invest in a long-term savings bond in the daughter's name, which can be later cashed for {{INR}} 25,000, or US$350, after her 18 birthday. She can only receive the money if she is not married. Anju Malhotra, an expert on [[child marriage]] and adolescent girls said of this programme, "No other [[conditional cash transfer]] has this focus of delaying marriage... It's an incentive to encourage parents to value their daughters."<ref name="autogenerated3">{{cite web|publisher=International Center for Research on Women|title=Child Marriage Facts and Figures|url=http://www.icrw.org/media/news/motivation-prevent-child-marriage}}</ref> The [[International Centre for Research on Women]] will evaluate Apni Beti, Apna Dhan over the course of the year 2012, when the program's initial participants turn 18, to see if the programme, particularly the cash incentive, has motivated parents to delay their daughters' marriages. "We have evidence that [[conditional cash transfer]] programmes are very effective in keeping girls in school and getting them immunised, but we don’t yet have proof that this strategy works for preventing marriage," said Pranita Achyut, the program manager for Apni Beti, Apna Dhan. "If [[Haryana]] state’s approach proves to be valuable, it could potentially be scaled up to make a significant difference in many more girls' lives – and not only in India."<ref name="autogenerated3"/> ==See also == * [[Child marriage among Muslims in Kerala]] * [[Child marriage]] * [[Teenage pregnancy]] ==References== {{Reflist}} [[Category:Child marriage in India| ]] [[Category:Child marriage by country|India]]'
New page wikitext, after the edit (new_wikitext)
'{{short description|Child marriages in India}}{{POV|date=July 2021|talk=Neutrality of the article}} {{EngvarB|date=March 2014}} {{Use dmy dates|date=March 2014}} [[File:ChildMarriageIndiabySDRC.jpg|thumb|Child Marriage India by SDRC]] '''Child marriage in India''', according to the [[Indian law]], in a [[marriage in India|marriage]] where either the woman is below the age of 18 or the man is below the age of 21. Most child marriages involve girls, many of whom are in poor [[Socio-economic issues in India|socio-economic conditions]]. Child marriages are prevalent in [[India]]. Estimates vary widely between sources as to the extent and scale of child marriages. The [[International Center for Research on Women]]-[[UNICEF]] publications have estimated India's child marriage rate to be 47% from a sample surveys of 1998,<ref name=icrw98/> while the [[United Nations]] reports it to be 30% in 2005.<ref name=un05/> The [[Census of India]] has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below the age of 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.<ref name="censusindia.gov.in">.[http://censusindia.gov.in/Tables_Published/C-Series/c_series_tables_2001.aspx Table C-2 Marital Status by Age and Sex] Subtable C0402, India Total Females Married by Age Group, 2001 Census of India, Government of India (2009)</ref> [[Times of India]] reported that 'since 2001, child marriage rates in India have fallen by 46% between 2005 and 2009.<ref name=toi2012>K. Sinha [http://timesofindia.indiatimes.com/india/Nearly-50-fall-in-brides-married-below-18/articleshow/11829410.cms Nearly 50% fall in brides married below 18] The Times of India (February 10, 2012)</ref>[[Jharkhand]] is the state with highest child marriage rates in India (14.1%)<ref name=toi2012/> [[Jammu and Kashmir (state)|Jammu and Kashmir]] was reported to be the only state with lowest child marriage cases at 0.4% in 2009.<ref name=toi2012/> Rural rates of child marriages were three times higher than urban India rates in 2009.<ref name=toi2012/> Child marriage was outlawed in 1929, under Indian law. However, in the British colonial times, the legal minimum age of marriage was set at 14 for girls and 18 for boys. Under protests from Muslim organizations in undivided British India, a personal law [[Sharia]]t Act was passed in 1937 that allowed child marriages with consent from a girl's guardian.<ref name=usfca/> After India's independence in 1947, the act underwent two revisions. The minimum legal age for marriage was increased to 15 for girls in 1949, and to 18 for females and 21 for males in 1978.<ref name=graner-lead>{{citation|last=Graner|first=Elvira|editor=Samita Sen, Anindita Ghosh|title=Love, Labour and Law: Early and Child Marriage in India|url=https://books.google.com/books?id=3LYREAAAQBAJ&pg=PA63|year=2020|publisher=SAGE Publishing |isbn=978-93-81345-60-3|page=63|chapter=Governing Child Marriage in India: The Protracted Reform Process|quote=In 1929, the Indian Legislative Assembly passed the Child Marriage Restraint Act. While the Act initially set the marriage age at 14 for girls, two amendments in 1949 and 1978, first increased the age to 15 and later onto 18.}}</ref> The child marriage prevention laws have been challenged in Indian courts,<ref name=usfca/> with some Muslim Indian organizations seeking no minimum age and that the age matter be left to their personal law.<ref name=rbit/><ref name=ik2001/> Child marriage is an active political subject as well as a subject of continuing cases under review in the highest courts of India.<ref name=rbit/> Several states of India have introduced incentives to delay marriages. For example, the state of [[Haryana]] introduced the so-called ''Apni Beti, Apna Dhan'' program in 1994, which translates to "My daughter, My wealth". It is a [[conditional cash transfer]] program dedicated to delaying young marriages by providing a government paid bond in her name, payable to her parents, in the amount of {{INRConvert|25000}}, after her 18th birthday if she is not married.<ref name="autogenerated3"/> ==Definitions of child marriage== === India === Child marriage is a complex subject under [[Indian law]]. It was defined by The [[Child Marriage Restraint Act]] in 1929,<ref>[http://wcd.nic.in/child-marriage-restraint-act-1929-19-1929 The Child Marriage Restraint Act, 1929] British India</ref> which set the minimum age of marriage for females to be 14 and males 18. The law was opposed by Muslims and subsequently superseded for Muslims of British India by the Muslim Personal Law (Shariat) Application Act of 1937,<ref name="usfca">Hilary Amster, [http://www.usfca.edu/law/docs/child_marriage/ Child marriage in India] {{Webarchive|url=https://web.archive.org/web/20140714204544/http://www.usfca.edu/law/docs/child_marriage/ |date=14 July 2014 }} University of San Francisco (2009)</ref> which implied no minimum limit and allowed parental or guardian consent in case of Muslim marriages. The 1929 law for non-Muslims was amended twice after India gained independence in 1947. In 1949, the minimum age for girls was increased to 15, and in 1978 the minimum age was increased for both genders: to 18 for females and 21 for males.<ref name=graner-section>{{citation|last=Graner|first=Elvira|editor=Samita Sen, Anindita Ghosh|title=Love, Labour and Law: Early and Child Marriage in India|url=https://books.google.com/books?id=3LYREAAAQBAJ&pg=PA63|year=2020|publisher=SAGE Publishing |isbn=978-93-81345-60-3|page=63|chapter=Governing Child Marriage in India: The Protracted Reform Process|quote=In 1929, the Indian Legislative Assembly passed the Child Marriage Restraint Act. While the Act initially set the marriage age at 14 for girls, two amendments in 1949 and 1978, first increased the age to 15 and later onto 18.}}</ref><ref name=ohchrun>[http://www.ohchr.org/Documents/Issues/Women/WRGS/ForcedMarriage/NGO/HAQCentreForChildRights1.pdf Child Marriage in India: Achievements, Gaps and Challenges] [[Office of the United Nations High Commissioner for Human Rights|OHCHR]], United Nations</ref> The applicability and permissibility of child marriage among Muslims under the 1937 Act, under India's Constitution adopted in 1950, remains a controversial subject, with a series of Supreme Court cases and rulings.<ref name=usfca/> The definition of child marriage was last updated by India with its [[The Prohibition of Child Marriage Act, 2006|The Prohibition of Child Marriage Act of 2006]], which applies to all Indians except the state of [[Jammu and Kashmir (state)|Jammu and Kashmir]] and the renoucants of the union territory of Puducherry. For Muslims of India, child marriage definition and regulations based on [[Sharia]] and [[Nikah]] has been claimed by some as a personal law subject but has been ruled by various courts that it applies to Muslims also.<ref name=usfca/><ref name=rbit>M.G. Radhakrishnan and J. Binduraj, [http://indiatoday.intoday.in/story/child-marriage-indian-union-muslim-league-kerala-underage-marriages/1/287096.html In a league of their own] India Today (July 5, 2013)</ref> For all others, The Prohibition of Child Marriage Act of 2006 defines "child marriage" means a marriage, or a marriage about to be solemnized, to which either of the contracting parties is a child; and ''child'' for purposes of marriage is defined based on gender of the person - if a male, it is 21 years of age, and if a female, 18 years of age.<ref name=cma2006>[http://lawmin.nic.in/ld/P-ACT/2007/The%20Prohibition%20of%20Child%20Marriage%20Act,%202006.pdf The Prohibition of Child Marriage Act of 2006] {{Webarchive|url=https://web.archive.org/web/20180127064420/http://lawmin.nic.in/ld/P-ACT/2007/The%20Prohibition%20of%20Child%20Marriage%20Act,%202006.pdf |date=27 January 2018 }} The Gazette of India, Ministry of Law and Justice, Government of India (January 11, 2007)</ref> === World === [[UNICEF]] defines [[child marriage]] as a formal marriage or informal union before 18 years of age,<ref name="unicef1">{{Cite web |title=Child marriage |url=https://www.unicef.org/protection/child-marriage |access-date=6 March 2021 |archive-url=https://archive.is/MCvXr |archive-date=28 Jul 2020 |work=UNICEF}}</ref><ref>{{Cite web |title=Child marriage is a violation of human rights, but is all too common |url=https://data.unicef.org/topic/child-protection/child-marriage/ |archive-url=https://archive.is/uVwEa |archive-date=27 Oct 2018 |access-date=22 July 2021}}</ref> because it can lead to a lifetime of suffering for girls who are more likely to experience domestic violence or die due to complications in pregnancy and childbirth.{{r|unicef1}}<ref>{{cite web|url=https://www.unicef.org/stories/child-marriage-around-world |title=Child marriage around the world |access-date=22 July 2021 |work=UNICEF |archive-url=https://archive.is/oqtGn |archive-date=22 July 2021}}</ref> [[UN Women]] proposes that [[child marriage]] be defined as a forced marriage because they believe children under age are incapable of giving a legally valid consent.<ref>{{cite web|url=http://www.endvawnow.org/en/articles/614-definition-of-forced-and-child-marriage.html |work=UN Women|title= Definition of forced and child marriage|year= 2012}}</ref> ==Statistics== Child marriage rate estimates in India vary significantly between sources. ===UN and other estimates=== {|class="wikitable sortable" !Source||% Females married<br/>(< 18)||Data Year||Sampling method||Reference |- | ICRW|| align=center|47|| align=center|1998||small sample survey||<ref name=icrw98>{{cite web|url=http://www.icrw.org/child-marriage-facts-and-figures|title=Child Marriage Facts and Figures}}</ref> |- | [[UN]]|| align=center|30|| align=center|2005||small sample survey||<ref name=un05>{{cite web|url=http://unstats.un.org/unsd/demographic/products/indwm/ww2005/tab2a.htm|title=United Nations Statistics Division - Demographic and Social Statistics}}</ref> |- | NFHS-3|| align=center|44.5|| align=center|1998-2002||small sample survey||<ref name=wcd2007>[http://wcd.nic.in/stat.pdf A Handbook of Statistical Indicators of Indian Women] {{Webarchive|url=https://web.archive.org/web/20140714144100/http://wcd.nic.in/stat.pdf |date=14 July 2014 }} Ministry of Women and Child Welfare, Govt of India (2007)</ref><ref>{{cite journal | last1 = Raj | first1 = A. | last2 = Saggurti | first2 = N. | last3 = Balaiah | first3 = D. | last4 = Silverman | first4 = J. G. | year = 2009 | title = Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional, observational study | journal = The Lancet | volume = 373 | issue = 9678| pages = 1883–1889 | doi=10.1016/s0140-6736(09)60246-4 | pmid=19278721 | pmc=2759702}}</ref> |- | [[UNICEF]]|| align=center|47|| align=center|2005-06||||<ref name=UNICEF>{{cite web|url=https://www.indiatoday.in/india/story/child-marriages-widespread-in-bihar-rajasthan-and-bengal-unicef-report-1454035-2019-02-12|title=Child marriage widespread in Bihar, Rajasthan and Bengal: Unicef report|work=India Today|date=12 February 2019|access-date=27 December 2019}}</ref> |- | [[UNICEF]]|| align=center|27|| align=center|2015-16||||<ref name=UNICEF/> |- | | NFHS-4|| align=center|26.8|| align=center|2015-2016||||<ref>https://www.livemint.com/Politics/PRft3fAiTAnZj6KVZR3FHN/23-million-child-brides-in-India-Supreme-Court-expresses-di.html</ref> |} The small sample surveys have different methods of estimating overall child marriages in India, some using multi-year basis data. For example, NFHS-3 and NFHS-4 data for 2005 mentioned in above table, used a survey of women aged 20–24, where they were asked if they were married before they were 18.<ref name=wcd2007/> The NFHS-3 also surveyed older women, up to the age of 49, asking the same question. The survey found that many more 40-49 were married before they turned 18, than 20-24 age women who were interviewed. In 1970s, the minimum legal age of marriage, in India, for women was 15.<ref name=ohchrun/> According to UNICEF report published in 2005-06, child marriage rates in India were estimated to be around 47%. This figure declined to 27% in 2015-16 according to a new report published by UNICEF. UNICEF also reported that the child marriage was wide spread in three Indian states ([[Rajasthan]], [[Bihar]] and [[Bengal]]) and there is a 40% prevalence of child marriage in these states.<ref name=UNICEF/> Javier Aguilar, UNICEF’s chief of child protection, stated that the India accounts for the highest number of child marriages in [[South Asia]] given its size and population.<ref>{{cite news|url=https://www.reuters.com/article/us-india-gender-child-marriage/indias-child-marriage-numbers-drop-sharply-driving-down-global-rate-unicef-idUSKBN1GI03F|title=India's child marriage numbers drop sharply, driving down global rate: UNICEF|last=Srivastava|first=Roli|date=6 March 2018|access-date=27 December 2019}}</ref> ===Indian government estimate=== {|class="wikitable sortable" !Source||% Females married<br/>(< 18)||Data Year||Sampling method||Reference |- | Census of India|| align=center|43.4|| align=center|1981|| Nationwide census||<ref name= jbea/> |- | Census of India|| align=center|35.3|| align=center|1991|| Nationwide census||<ref name= jbea>Jasodhara Bagchi et al., The Changing Status of Women in West Bengal, 1970-2000: The Challenge Ahead, SAGE Publications, {{ISBN|978-0761932420}}, Table 1.10, page 29, rows for India totals</ref> |- | Census of India|| align=center|14.4|| align=center|2001|| Nationwide census||<ref name="censusindia.gov.in"/> |- | Census of India|| align=center|3.7|| align=center|2011|| Nationwide census||<ref name=chap22011>[http://www.censusindia.gov.in/vital_statistics/SRS_Report/9Chap%202%20-%202011.pdf Percentage of Female by age at effective marriage and by residence India and bigger States, 2011] Chapter 2, Population Composition, Table Statement 12, India totals for ''< 18'', 2011 Census of India, Government of India (2013), page 26</ref> |} The states with highest observed marriage rates for under-18 girls in 2009, according to a Registrar General of India report, were Jharkhand (14.1%), West Bengal (13.6%), Bihar (9.3%), Uttar Pradesh (8.9%) and Assam (8.8%).<ref name=toi2012/> According to this report, despite sharp reductions in child marriage rates since 1991, still 7% of women passing the age of 18 in India were married as of 2009. UNICEF India has played a significant role in highlighting the Indian child marriage rate prevalence data from its 1990s study. According to 2011 nationwide census of India, the average age of marriage for women is 21.2.<ref>[http://www.censusindia.gov.in/vital_statistics/SRS_Report/9Chap%202%20-%202011.pdf Mean age at effective marriage of Female by residence India and bigger States, 2011] Chapter 2, Population Composition, Table Statement 13, India totals for All ages, 2011 Census of India, Government of India (2013), page 27</ref><ref>[http://mospi.nic.in/mospi_new/upload/women_men_2012_31oct12.pdf Women and men in India 2012] {{webarchive|url=https://web.archive.org/web/20131012024158/http://mospi.nic.in/mospi_new/upload/women_men_2012_31oct12.pdf |date=12 October 2013 }} CSO/Census India 2011, Government of India, See page xxi, Highlights item 5</ref> In the age group 15-19, 69.6% of all women surveyed in India had never been married.<ref>[http://www.rchiips.org/nfhs/NFHS-3%20Data/VOL-1/Chapter%2006.pdf National Family Health Survey - India], International Institute for Population Sciences and Government of India (2009), see Table 6.1</ref> ===Criticism=== Several activists have expressed scepticism regarding the decline in child marriage cases in India.<ref name=npr/> They believe that 'the '''[[UNICEF]]''' report might not be reflecting reality on the ground and the numbers are likely not as low as they appear in the report'.<ref name=npr/> They state that the data relating to child marriage is colled by local government and not by UNICEF. In India, the government ask about the age of bride and groom as a part of [[Census of India|census data]], which is collected every year. However, since the people know that child marriage is illegal in India, so they are less likely to tell the authorities that they have broken the law.<ref name=npr/> Dhuwarakha Sriram, child protection specialist at UNICEF India, says that "everyone knows that there is underreporting in India - even the UNICEF is aware of it". According to Sriram, people are aware of the illegal age of marriage in India, so they are less likely to tell the truth, which in turn leads to underreporting.<ref name=npr>{{cite news|url=https://www.npr.org/sections/goatsandsoda/2018/03/14/593155781/unicefs-good-news-about-child-marriage-isnt-quite-as-good-as-it-sounds|title=UNICEF's Good News About Child Marriage Isn't Quite As Good As It Sounds|date=14 March 2018|work=npr.org|access-date=27 December 2019}}</ref> Kriti Bharti, who runs a Non government organisation called Saarthi, said that people in [[Rajasthan]] have come up with ways to evade the law.<ref name=npr/> The people in Rajasthan holds marriage ceremony at night with only small group of people attending the marriage which reduces the chance of neighbour or relative alerting the police.<ref name=npr/> Once the marriage has taken place, the underage bride is not sent to live with her husband until she reaches puberty. This way, even if the authorities have been tipped off, the families can simply deny any wrongdoing. Bharti states that 'in some parts of India, authorities are not always interested and child marriage may be accepted as a part of the culture.<ref name=npr/> ==Laws against child marriage== ===The Child Marriage Restraint Act of 1929=== The [[Child Marriage Restraint Act]], also called the Sarda Act,<ref name="sanhati1">{{cite web|author=Goswami, Ruchira|year= 2010|title=Child Marriage in India: Mapping the Trajectory of Legal Reforms|url= http://sanhati.com/excerpted/2207/}}</ref> was a law to restrict the practice of [[child marriage]]. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions of some princely states like [[Hyderabad State|Hyderabad]] and [[Jammu]] and [[Kashmir]]. This Act defined the age of marriage to be 18 for males and 14 for females. In 1949, after India's independence, the minimum age was increased to 15 for females, and in 1978, it was increased again for both females and males, to 18 and 21 years, respectively. The punishment for a male between 18 and 21 years marrying a child became imprisonment of up to 15 days, a fine of 1,000 [[rupees]], or both. The punishment for a male above 21 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.<ref>{{cite web|publisher= Government of India [[Ministry of Women and Child Development]]|title= The Child Marriage Restraint Act|url= http://wcd.nic.in/cmr1929.htm|access-date= 10 April 2012|archive-url= https://web.archive.org/web/20120327144348/http://wcd.nic.in/cmr1929.htm|archive-date= 27 March 2012|url-status= dead}}</ref> It was amended in 1940 and 1978 to continue raising the ages of male and female children.<ref name="sanhati1"/> ===The Prohibition of Child Marriage Act, 2006=== In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings of the [[Child Marriage Restraint Act]].<ref name="unicef2006">{{cite web|url=http://www.unicef.org/india/Child_Marriage_handbook.pdf|title=Unicef India - UNICEF}}</ref> The change in name was meant to reflect the prevention and prohibition of [[child marriage]], rather than restraining it.<ref name="sanhati1"/><ref name="unicef2006"/> 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.<ref name="unicef2006"/> 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 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.<ref>{{cite web|url=http://sanhati.com/excerpted/2207/|title=Child Marriage in India: Mapping the Trajectory of Legal Reforms at Sanhati}}</ref> ==== Applicability ==== Muslim organizations of India have long argued<ref name=ik2001>[http://indiankanoon.org/docfragment/877770/?formInput=muslim%20child%20marriage Muzaffar Ali Sajjad And Ors. vs State Of Andhra Pradesh on 9 November, 2001] Andhra Pradesh High Court, India</ref><ref>[http://indiankanoon.org/docfragment/877770/?formInput=muslim%20child%20marriage Mrs. Tahra Begum vs State Of Delhi & Ors. on 9 May, 2012] Archive of Legal Proceedings, Delhi High Court, India</ref> that Indian laws, passed by its parliament, such as the 2006 child marriage law do not apply to Muslims, because marriage is a personal law subject.<ref name=usfca/><ref name=rbit/> The Delhi High Court, as well as other state high courts of India, have disagreed. The Delhi Court, for example, ruled that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs each and every citizen of India<ref name="jcc">2012 [Volume No. 3] JCC [Journal of Criminal Cases] Page No. 2148</ref> The ruling stated that an under-age marriage, where either the man or woman is over 16 years old, would not be a void marriage but voidable one, which would become valid if no steps are taken by such court as has option[s] to order otherwise. In case either of the parties is less than 18 years old, the marriage is void, given the age of consent is 18 in India, sex with minors under the age of 18 is a statutory crime under Section 376 of Indian Penal Code.<ref name="jcc"/> Various other High courts in India - including the [[Gujarat High Court]],<ref>{{cite web|url=http://indianexpress.com/article/cities/ahmedabad/prohibition-of-child-marriage-act-to-prevail-over-personal-laws-hc/|title=Prohibition of Child Marriage Act to prevail over personal laws: HC|date=25 September 2015|work=The Indian Express}}</ref> the [[Karnataka High Court]]<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Child-Marriage-Act-overrides-Muslim-Personal-Law-Karnataka-high-court/articleshow/18700656.cms|title=Child Marriage Act overrides Muslim Personal Law: Karnataka high court|work=The Times of India}}</ref> and the [[Madras High Court]]<ref>{{cite web|url=http://www.dnaindia.com/india/report-madras-hc-says-anti-child-marriage-act-prevails-over-muslim-personal-law-2073796|title=Madras HC says anti-child marriage act prevails over Muslim Personal Law|date=1 April 2015|work=dna}}</ref> - have ruled that the act prevails over any personal law (including Muslim personal law). === Legal Action on Legal Confusion === There is a standing legal confusion as to Marital Rape within prohibited Child Marriages in India. Marital rape per se is not a crime in India; but the position with regard to children is confusing. While the exception under the criminal law (section 375, Indian Penal Code, 1860) applicable to adults puts an exception and allows marital rape of a girl child between the age of 15–18 years by her husband. However this provision of exception has been read down by the Supreme Court of India in the case of Independent Thought v. Union of India in October, 2017 and it declares that sexual intercourse with all wives below 18 years of age shall be considered as rape; another new and progressive legislation Protection of Children from Sexual Offences Act, 2012 disallows any such sexual relationships and puts such crimes with marriages as an aggravated offense. ===CEDAW=== The [[Convention on the Elimination of All Forms of Discrimination Against Women]] (CEDAW) is an international bill attempting to end discrimination against women. Article 16, Marriage and Family Life, states that all women, as well as men, have the right to choose their spouse, to have the same responsibilities, and to decide on how many children and the spacing between them. This convention states that [[child marriage]] should not have a legal effect, all action must be taken to enforce a minimum age, and that all marriages must be put into an official registry.<ref>{{cite web|url=https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article16|title=CEDAW 29th Session 30 June to 25 July 2003}}</ref> India signed the convention on 30 July 1980 but made the declaration that, because of the nation's size and population, it's impractical to have a registration of marriages.<ref>{{cite web|url=http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en#EndDec|title=UNTC}}</ref> ==Consequences of child marriage== ===Early maternal deaths=== Girls who marry earlier in life are less likely to be informed about [[reproductive issues]],<ref>Chandrasekhar, S., 2010, "Factors Affecting Age and Marriage and Age at First Birth in India," Journal of Quantitative Economics, pg. 83</ref> and because of this, pregnancy-related deaths are known to be the leading cause of mortality among married girls between 15 and 19 years of age.<ref>{{cite web|website=childinfo.org|year= 2009|title=Statistics by Area- Child Marriage |url=http://www.childinfo.org/marriage.html}}</ref> These girls are twice more likely to die in childbirth than girls between 20 and 24 years of age.<ref>{{cite web|publisher=UNICEF|title=Early marriage: A childhood interrupted|url= http://www.unicef.org/india/child_protection_1536.htm}}</ref> Girls younger than 15 years of age are 5 times more likely to die in childbirth.<ref name="autogenerated1">{{cite web|publisher=International Center for Research on Women|title=Child Marriage Facts and Figures|url= http://www.icrw.org/child-marriage-facts-and-figures}}</ref><ref name="autogenerated2">Hervish, Alexandra, Charlotte Feldman-Jacobs, 2011, "Who Speaks for Me? Ending Child Marriage," Population Reference Bureau, page 2</ref> ===Infant health=== Infants born to mothers under the age of 18 are 60% more likely to die in their first year than to mothers over the age of 19. If the children survive, they are more likely to suffer from low birth weight, [[malnutrition]], and late physical and [[cognitive development]].<ref name="unicef1"/><ref name="autogenerated2"/> ===Fertility outcomes=== A study conducted in India by the [[International Institute for Population Sciences]] and Macro International in 2005 and 2006 showed high fertility, low fertility control, and poor fertility outcomes data within [[child marriages]]. 90.8% of young married women reported no use of a [[contraceptive]] prior to having their first child. 23.9% reported having a child within the first year of marriage. 17.3% reported having three or more children over the course of the marriage. 23% reported a rapid repeat childbirth, and 15.2% reported an [[unwanted pregnancy]]. 15.3% reported a [[pregnancy termination]] ([[stillbirths]], [[miscarriages]] or [[abortions]]).<ref>{{cite journal | pmc = 2759702 | pmid=19278721 | doi=10.1016/S0140-6736(09)60246-4 | volume=373 | title=Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional, observational study | year=2009 | journal=Lancet | pages=1883–9 | last1 = Raj | first1 = A | last2 = Saggurti | first2 = N | last3 = Balaiah | first3 = D | last4 = Silverman | first4 = JG| issue=9678 }}</ref> Fertility rates are higher in slums than in urban areas.<ref>{{cite journal | last1 = Chandrasekhar | first1 = S | year = 2010 | title = Factors Affecting Age and Marriage and Age at First Birth in India | journal = Journal of Quantitative Economics | page = 86 }}</ref> ===Violence=== Young girls in a [[child marriage]] are more likely to experience domestic violence in their marriages as opposed to older women. A study conducted in India by the [[International Centre for Research on Women]] showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or threatened by their husbands<ref name="autogenerated1"/> and three times more likely to experience sexual violence.<ref>United States Agency for International Development, 2007, "New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs," pg. 9</ref> Young brides often show symptoms of [[sexual abuse]] and [[post-traumatic stress]].<ref name="autogenerated1"/> ==Prevention programmes in India== Apni Beti, Apna Dhan (ABAD), which translates to "My daughter, My wealth," is one of India's first [[conditional cash transfer]] programmes dedicated to delaying young marriages across the nation. In 1994, the [[Indian government]] implemented this programme in the state of [[Haryana]]. On the birth of a mother's first, second, or third child, they are set to receive {{INR}} 500, or US$11 within the first 15 days to cover their post-delivery needs. Along with this, the government gives {{INR}} 2,500, or US$35, to invest in a long-term savings bond in the daughter's name, which can be later cashed for {{INR}} 25,000, or US$350, after her 18 birthday. She can only receive the money if she is not married. Anju Malhotra, an expert on [[child marriage]] and adolescent girls said of this programme, "No other [[conditional cash transfer]] has this focus of delaying marriage... It's an incentive to encourage parents to value their daughters."<ref name="autogenerated3">{{cite web|publisher=International Center for Research on Women|title=Child Marriage Facts and Figures|url=http://www.icrw.org/media/news/motivation-prevent-child-marriage}}</ref> The [[International Centre for Research on Women]] will evaluate Apni Beti, Apna Dhan over the course of the year 2012, when the program's initial participants turn 18, to see if the programme, particularly the cash incentive, has motivated parents to delay their daughters' marriages. "We have evidence that [[conditional cash transfer]] programmes are very effective in keeping girls in school and getting them immunised, but we don’t yet have proof that this strategy works for preventing marriage," said Pranita Achyut, the program manager for Apni Beti, Apna Dhan. "If [[Haryana]] state’s approach proves to be valuable, it could potentially be scaled up to make a significant difference in many more girls' lives – and not only in India."<ref name="autogenerated3"/> ==See also == * [[Child marriage among Muslims in Kerala]] * [[Child marriage]] * [[Teenage pregnancy]] ==References== {{Reflist}} [[Category:Child marriage in India| ]] [[Category:Child marriage by country|India]]'
Unified diff of changes made by edit (edit_diff)
'@@ -7,5 +7,5 @@ '''Child marriage in India''', according to the [[Indian law]], in a [[marriage in India|marriage]] where either the woman is below the age of 18 or the man is below the age of 21. Most child marriages involve girls, many of whom are in poor [[Socio-economic issues in India|socio-economic conditions]]. -Child marriages are prevalent in [[India]]. Estimates vary widely between sources as to the extent and scale of child marriages. The [[International Center for Research on Women]]-[[UNICEF]] publications have estimated India's child marriage rate to be 47% from a sample surveys of 1998,<ref name=icrw98/> while the [[United Nations]] reports it to be 30% in 2005.<ref name=un05/> The [[Census of India]] has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below the age of 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.<ref name="censusindia.gov.in">.[http://censusindia.gov.in/Tables_Published/C-Series/c_series_tables_2001.aspx Table C-2 Marital Status by Age and Sex] Subtable C0402, India Total Females Married by Age Group, 2001 Census of India, Government of India (2009)</ref> [[Times of India]] reported that 'since 2001, child marriage rates in India have fallen by 46% between 2005 and 2009.<ref name=toi2012>K. Sinha [http://timesofindia.indiatimes.com/india/Nearly-50-fall-in-brides-married-below-18/articleshow/11829410.cms Nearly 50% fall in brides married below 18] The Times of India (February 10, 2012)</ref>[[Jharkhand]] is the state with highest child marriage rates in India (14.1%), while Kerala is the only state where child marriage rates have increased in recent years.<ref name=toi2012/><ref>R Gopakumar, [http://www.deccanherald.com/content/170084/child-marriages-high-kerala.html Child marriages high in Kerala] Deccan Herald (June 19, 2013)</ref> [[Jammu and Kashmir (state)|Jammu and Kashmir]] was reported to be the only state with lowest child marriage cases at 0.4% in 2009.<ref name=toi2012/> Rural rates of child marriages were three times higher than urban India rates in 2009.<ref name=toi2012/> +Child marriages are prevalent in [[India]]. Estimates vary widely between sources as to the extent and scale of child marriages. The [[International Center for Research on Women]]-[[UNICEF]] publications have estimated India's child marriage rate to be 47% from a sample surveys of 1998,<ref name=icrw98/> while the [[United Nations]] reports it to be 30% in 2005.<ref name=un05/> The [[Census of India]] has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below the age of 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.<ref name="censusindia.gov.in">.[http://censusindia.gov.in/Tables_Published/C-Series/c_series_tables_2001.aspx Table C-2 Marital Status by Age and Sex] Subtable C0402, India Total Females Married by Age Group, 2001 Census of India, Government of India (2009)</ref> [[Times of India]] reported that 'since 2001, child marriage rates in India have fallen by 46% between 2005 and 2009.<ref name=toi2012>K. Sinha [http://timesofindia.indiatimes.com/india/Nearly-50-fall-in-brides-married-below-18/articleshow/11829410.cms Nearly 50% fall in brides married below 18] The Times of India (February 10, 2012)</ref>[[Jharkhand]] is the state with highest child marriage rates in India (14.1%)<ref name=toi2012/> [[Jammu and Kashmir (state)|Jammu and Kashmir]] was reported to be the only state with lowest child marriage cases at 0.4% in 2009.<ref name=toi2012/> Rural rates of child marriages were three times higher than urban India rates in 2009.<ref name=toi2012/> Child marriage was outlawed in 1929, under Indian law. However, in the British colonial times, the legal minimum age of marriage was set at 14 for girls and 18 for boys. Under protests from Muslim organizations in undivided British India, a personal law [[Sharia]]t Act was passed in 1937 that allowed child marriages with consent from a girl's guardian.<ref name=usfca/> After India's independence in 1947, the act underwent two revisions. The minimum legal age for marriage was increased to 15 for girls in 1949, and to 18 for females and 21 for males in 1978.<ref name=graner-lead>{{citation|last=Graner|first=Elvira|editor=Samita Sen, Anindita Ghosh|title=Love, Labour and Law: Early and Child Marriage in India|url=https://books.google.com/books?id=3LYREAAAQBAJ&pg=PA63|year=2020|publisher=SAGE Publishing |isbn=978-93-81345-60-3|page=63|chapter=Governing Child Marriage in India: The Protracted Reform Process|quote=In 1929, the Indian Legislative Assembly passed the Child Marriage Restraint Act. While the Act initially set the marriage age at 14 for girls, two amendments in 1949 and 1978, first increased the age to 15 and later onto 18.}}</ref> The child marriage prevention laws have been challenged in Indian courts,<ref name=usfca/> with some Muslim Indian organizations seeking no minimum age and that the age matter be left to their personal law.<ref name=rbit/><ref name=ik2001/> Child marriage is an active political subject as well as a subject of continuing cases under review in the highest courts of India.<ref name=rbit/> '
New page size (new_size)
32073
Old page size (old_size)
32326
Size change in edit (edit_delta)
-253
Lines added in edit (added_lines)
[ 0 => 'Child marriages are prevalent in [[India]]. Estimates vary widely between sources as to the extent and scale of child marriages. The [[International Center for Research on Women]]-[[UNICEF]] publications have estimated India's child marriage rate to be 47% from a sample surveys of 1998,<ref name=icrw98/> while the [[United Nations]] reports it to be 30% in 2005.<ref name=un05/> The [[Census of India]] has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below the age of 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.<ref name="censusindia.gov.in">.[http://censusindia.gov.in/Tables_Published/C-Series/c_series_tables_2001.aspx Table C-2 Marital Status by Age and Sex] Subtable C0402, India Total Females Married by Age Group, 2001 Census of India, Government of India (2009)</ref> [[Times of India]] reported that 'since 2001, child marriage rates in India have fallen by 46% between 2005 and 2009.<ref name=toi2012>K. Sinha [http://timesofindia.indiatimes.com/india/Nearly-50-fall-in-brides-married-below-18/articleshow/11829410.cms Nearly 50% fall in brides married below 18] The Times of India (February 10, 2012)</ref>[[Jharkhand]] is the state with highest child marriage rates in India (14.1%)<ref name=toi2012/> [[Jammu and Kashmir (state)|Jammu and Kashmir]] was reported to be the only state with lowest child marriage cases at 0.4% in 2009.<ref name=toi2012/> Rural rates of child marriages were three times higher than urban India rates in 2009.<ref name=toi2012/>' ]
Lines removed in edit (removed_lines)
[ 0 => 'Child marriages are prevalent in [[India]]. Estimates vary widely between sources as to the extent and scale of child marriages. The [[International Center for Research on Women]]-[[UNICEF]] publications have estimated India's child marriage rate to be 47% from a sample surveys of 1998,<ref name=icrw98/> while the [[United Nations]] reports it to be 30% in 2005.<ref name=un05/> The [[Census of India]] has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below the age of 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.<ref name="censusindia.gov.in">.[http://censusindia.gov.in/Tables_Published/C-Series/c_series_tables_2001.aspx Table C-2 Marital Status by Age and Sex] Subtable C0402, India Total Females Married by Age Group, 2001 Census of India, Government of India (2009)</ref> [[Times of India]] reported that 'since 2001, child marriage rates in India have fallen by 46% between 2005 and 2009.<ref name=toi2012>K. Sinha [http://timesofindia.indiatimes.com/india/Nearly-50-fall-in-brides-married-below-18/articleshow/11829410.cms Nearly 50% fall in brides married below 18] The Times of India (February 10, 2012)</ref>[[Jharkhand]] is the state with highest child marriage rates in India (14.1%), while Kerala is the only state where child marriage rates have increased in recent years.<ref name=toi2012/><ref>R Gopakumar, [http://www.deccanherald.com/content/170084/child-marriages-high-kerala.html Child marriages high in Kerala] Deccan Herald (June 19, 2013)</ref> [[Jammu and Kashmir (state)|Jammu and Kashmir]] was reported to be the only state with lowest child marriage cases at 0.4% in 2009.<ref name=toi2012/> Rural rates of child marriages were three times higher than urban India rates in 2009.<ref name=toi2012/>' ]
Whether or not the change was made through a Tor exit node (tor_exit_node)
false
Unix timestamp of change (timestamp)
1629993552