CHILD MARRIAGE AND IT’S IMPLICATIONS ON POCSO ACT ENFORCEMENT

This article is written by of R. Siva Shankaran of The Central Law College, Salem of B.A.L.L.B of 4^th Semester, an intern under Legal Vidhiya

ABSTRACT

Child marriage poses significant challenges to the enforcement of the Protection of Children from Sexual Offences (POCSO) Act.  Sexual relations are a common feature of child marriages, which is a clear violation of the POCSO Act.  But cultural mores and customs frequently mask these transgressions, making it challenging for the government to effectively step in.  The POCSO Act enforcement in the context of child marriage necessitates a comprehensive strategy, it entails combating societal perceptions that normalized child marriage, educating people about the legal ramifications, and offering assistance to victims.  Identification and prevention of child marriage also require cooperation between law enforcement, child protection authorities, and community organizations.  In addition, child marriage frequently results in early and coerced sexual activity which can have detrimental effects on the victims’ physical, mental, and emotional health.  Due to fear, shame, or coercion, victims may be reluctant to report abuse, which makes the POCSO Act’s enforcement more difficult.   In order to safeguard children from sexual exploitation and abuse, legislators, law enforcement, and civil society organizations must work together to combat child marriage and enforce the POCSO Act.  This article describe about child marriage and how its affect the enforcement of The Protection of Children from Sexual Offences (POCSO) Act.

KEYWORDS

Child marriage, POCSO Act, Enforcement, Implication, Sexual abuse.

INTRODUCTION

According to UNICEF Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult or another child.[1]  Children are deprived of their rights and opportunities by child marriage, worldwide problem.  It is defined as getting married before turning 18 and disproportionately impacts girls.  It feeds cycles f poverty and gender inequality and is frequently motivated by tradition poverty, and illiteracy.  Child brides are more likely to experience domestic abuse, early pregnancy can have negative health effects, and they have less access to job and educational opportunities.  Comprehensive strategies, such as legislative changes, community awareness campaigns, education, and economic empowerment, are needed to end child marriage.  Ensuring every child’s right to a safe and healthy future, as well as gender equality, depends on shielding them from this detrimental practice. The United Nations Population Fund estimates that 1 million girls worldwide are affected by the global issue of early marriage every year.  Although it is common in some areas of Latin America, the Middle East, and Southeast Asia, early marriage is most common in Sub-Saharan Africa and South Asia.[2]

In India the child marriage has been a social evil for many decades; Indian history is rich in the custom of marrying off young girls some of whom are married before they reach puberty.  Despite campaigns against it over the years, child marriage is still common in some areas of India.  In Indian society, the idea of child marriage is still prevalent, and “education” or “development” alone is insufficient to stop it.  According to recent NCRB data, there has been a startling 50% increase in child marriage cases in 2022 compared to the previous year, as per the latest data from the National Crime Records Bureau (NCRB) for 2022, the Prohibition of Child Marriage Act had 1002 cases registered in 2022, 1050 cases in 2021, 785 cases in 2020, 501 cases in 2018, 395 cases in 2017, 326 cases in 2016, and 293 cases in 2015.[3]

A child’s childhood is destroyed by child marriage, which also interferes with their rights to privacy, health care, education, and much more.  Both genders are impacted in the appropriately manufactured stereotypical way; for a boy, it is an economic obligation and for a girl, it is a household obligation in the normal course of events.  Although there are signs that the number of child marriage cases is declining, the majority of those involved in such practices is a serious concern that calls for seriously reinforced actions.

OBJECTIVE

1. To understand the historical background of child marriage in India.
2. To get to know about the causes for child marriage.
3. To examine the legislations in India for child marriage
4. To analysis the implication of POCSO Act by child marriage.

HISTORY OF CHILD MARRIAGE IN INDIA

• Ancient Period:  Child marriage was prevalent in ancient India during the Vedic period.  Girls were married off to older men at the age of 8 to 10.  The primary motivation was to protect daughters and maintain the lineage through sons.
• Medieval Period: Throughout the Middle Ages, child marriage remained and even became more common.  Girls were marrying at younger age 7 to 8 years old.
• British Rule: Despite their efforts, British officials encountered opposition from Indian culture and religion regarding the practice of child marriage.  The Child Marriage Restriction Act of 1929 rose the legal age of marriage for girls to 12, but it had no effect.
• Post Independence: With the passage of the Child Marriage Restriction Act of 1976, the government increased the legal age of marriage for girls to 18 after independence.  Nevertheless, this was unable to effectively stop the practice.  In India, cultural norms, poverty, and illiteracy all contribute to child marriage.
• Current Scenario: Even though 18 is the legal marriage age in India, child marriage is still common, particularly in rural and tribal areas.  According to UNICEF, approximately 25% of married women in India are girls under the age of 18.  Two major obstacles to ending child marriage are socioeconomic factors and a lack of policy implementation.

CAUSES FOR CHILD MARRIAGE

In India, child marriage is a serious social issue with intricate socioeconomic roots.  In India, approximately 25% of married women are under the age the main reasons why Indian children marry young.

• Poverty: The main cause of child marriages is poverty.  Poor parents even sell their daughters to wealthy men in some rural areas in exchange for small cash.  They don’t have the money to send their daughters to school or for and education because of their difficult living circumstances, and they view their daughters as a burden.
• Dowry: In India, child marriage is also often caused by the desire to receive a dowry.  Young daughters are married off by their parents when the demand for dowries is still low.  The demands on girls’ dowries rise as they get older.
• Lack of Education: Child marriages are primarily caused by illiteracy.  Because of their lack of literacy, people have limited perspectives and are unaware of how daughters can excel in every field just as much as or even more than sons.  Their lack of education makes them view daughters as nothing more than a burden, and they believe that when their daughter gets married, they will have to pay their in laws a dowry.
• Gender Inequality: Gender inequality contributes to child marriage as well. Child marriages are primarily caused by gender inequality.  Even wealthy people in some rural areas believe that “betiyan bojh hoti hain,” and illiterate people view their daughters as a “burden.”  They marry their daughters when they are young in order to eliminate their expenses.  They think sons are superior to daughters. The next generation is also instilled with the belief that girl.
• Social and Cultural Norms: Traditional practices and cultural beliefs, such as preserving family honor or ensuring virginity, may lead to child marriage as a means of maintaining social status and adhering to community expectations.
• Lack of Legal Protection: Child marriage may continue in areas with inadequate legal frameworks and enforcement systems because there may be no laws against it or the laws that are in place may not be enforced.
• Conflict and Instability: Families may turn to child marriage as a coping strategy during difficult times in order to shield girls from abuse or exploitation or to forge relationships between families or communities
• Lack of Awareness: Limited knowledge about the harmful effects of child marriage, including its impact on health, education, and overall well-being, may contribute to its perpetuation in some communities.

CHILD MARRIAGE LEADS TO SEXUAL ABUSE

A cycle of sexual abuse is perpetuated by child marriage, especially for young girls who are frequently married off to much older men against their will.  Because these girls lack the self-control to turn down unwanted advances, they are frequently raped and forced into marriage.  Social norms that give precedence to the rights of women and girls over the interests of men make them more vulnerable.  This sexual abuse has severe and wide-ranging repercussions, including bodily injury, emotional trauma, and long-lasting psychological scars, due to social stigma, fear of retaliation, or limited access to support services, many child brides suffer in silence and are unable to ask for assistance.

In addition, child marriage locks girls into a cycle of poverty and dependency by denying them their basic rights to autonomy, health, and education.  These girls are deprived of their childhoods, and their chance to realize their full potential because they lack the resources to stand up for themselves or leave abusive environments.  In order to end child marriage, it will take coordinated efforts to upend long-standing gender norms, support girls’ economic empowerment and education, and uphold the laws that shield kids from abuse and exploitation.  We can only hope to create a world where all children are safe, free, and able to thrive by addressing the underlying causes of child marriage.

LAWS RELATED TO CHILD MARRIAGES IN INDIA

THE PROHIBITION OF CHILD MARRIAGE ACT, 2006

According to this Act, any marriage in which either or both of the contracting parties is a child will be considered as ‘child marriage’, in that it defines about child, Child is any male who has not a completed the age of 21 years and any female who has not completed the age of 18 years of age.[4] And the Act consist of Punishment for male adult marrying a child,[5] Punishing for solemnizing a child marriage,[6] and punishment for promoting or permitting solemnization of child marriages.[7]

INDIAN PENAL CODE, 1860

Ifthe wife is not younger than fifteen, her husband My engage in sexual activity or perform sexual acts without her consent under section 375 exception 2 of the IPC; this does not constitute rape.  The Prohibition of Child Marriage Act’s provision are in conflict with the IPC’s exception form marital rape, which discriminates against married and unmarried girls under the age of 18.

POCSO ACT, 2012

In contrast to the Indian Penal Code, the Protection of Children from Sexual Offences Act (POCSO Act) shields boys from sexual offences as well.  It was passed in 2012 with the goal of shielding Children from all forms of sexual offences.  The POCSO Act does not permit having sex with a girl child even after marriage, in contrast to the IPC.  Married or single, any child under the age of eighteen will be classified as a child.  In order to dispel any doubt regarding the primacy of the POCSO Act over the IPC, section 42 was amended by the Criminal Law Amendment Act, 2013. Following amendment, section 42A of Act specifies that the POSCO Act’s provisions are to be in addition to and not in conflict with those of any other law, and that the POCSO Act will take precedence in the event of a discrepancy.

CHILD MARRIAGE AS IMPLICATION IN IMPLEMENTATION OF POCSO ACT

In the Context of the Protection of Children from Sexual Offences (POCSO) Act, child marriage has important ramifications, reflecting a multifaceted challenge that requires comprehensive legal and societal responses.  Within the framework of the POCSO Act, child marriage represents a flagrant violation of children’s rights, particularly their right to protection from sexual abuse and exploitation.

First of all, forced sexual relations between minors, The POCSO Act’s guiding principles are directly violated by the practice of marrying off children, which frequently involves coercing them into sexual activity against their will.  Early marriage puts children at greater risk for sexual exploitation, violence, and coercion, which feeds the cycle of trauma and abuse.  These kinds of marriages usually result in large are gaps between the partners, wich exacerbates power imbalances and exposes the younger partner to abuse.  Child marriages directly contravene the POCSO Act’s provisions regarding sexual offences against minors.  Numerous child marriages lead to the sexual exploitation and abuse of minors, which feeds the trauma and damage cycle.

Secondly, under the POCSO Act, child marriage may make it more difficult to report and prosecute sexual offences.  Because of cultural pressures, fear of family members taking revenge, or ignorance of their legal rights, victims of child marriage may be reluctant to disclose incidents of sexual abuse.  In addition, because they might not have support systems or be financially reliant on their spouses or families, child brides might find it difficult to pursue legal action against their abusers.

Thirdly, cultural norms and socioeconomic conditions contribute to the prevalence of child marriage in marginalized communities, such as communities of color.  This increases the vulnerabilities of marginalized groups that are already at risk of sexual abuse and exploitation.

Furthermore, child marriage makes it more difficult to preserve the autonomy and constant principle that are essential to the POCSO Act’s spirit.  The ability for children to make educated decisions about their bodies, relationships, and futures is taken away from them when they are forced into marriage.  Rather, they are frequently forced into marriages that rob them of their youth and expose them to dangers that could last a life time

CONCLUSION

In light of the POCSO Act, addressing child marriage calls for a multipronged strategy that includes community involvement, legal reforms, awareness-raising campaigns, and access to support services.  Stronger laws that specifically forbid child marriage and punish those who assist or support such unions harshly should be put in place.  In addition, addressing the underlying causes of child marriage poverty, gender inequality, and detrimental social norms is imperative in the fight against it.  Preventing child marriage and advancing gender equality depend heavily on providing girls with access to reproductive health services, economic opportunities, and education.  Societies can take decisive action to create environments where children are protected from sexual offences and empowered to exercise their rights to safety, autonomy, and dignity by acknowledge child marriage as an implication of the POCSO Act.  To eliminate the systems that support child marriage and guarantee that every child can grow up in a safe environment free from abuse and exploitation, society as a whole must work together in concert.

REFERENCES

1. The Protection of Children from Sexual Offences (POCSO) Act, 2012, No.32,  Act of Parliament, 2012 (India)
2.  Indian Penal Code, 1860, No. 45, Act of Parliament, 1860 (India)
3. The Prohibition of Child Marriage Act, 2006,  No.6, Act of Parliament 2007 (India)
4. Shiv Jindal, POCSO and Child Marriages in India: A Conflict of Laws, Rostrum Legal, https://www.rostrumlegal.co/pocso-and-child-marriages-in-india-a-conflict-of-laws/#_ftref8

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[1] UNICEF, https://www.unicef.org/emergencies/ Child marriage-Gaza-need-lifesaving-support, (01 May, 2024, 06:40 pm IST).

[2] United Nations Population Fund (UNFPA), Child Marriage.2021, https://www/unfpa.org/child-marriage, (01 May 2024, 06:54 pm IST)

[3] Child marriages, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, National Crime Records Bureau, Ministry of Home Affairs. (https://ncrb.gov.in)

[4] The Prohibition of Child Marriage Act, 2006, Section 2, No.6, Act of Parliament 2007 (India)

[5] The Prohibition of Child Marriage Act, 2006, Section 9, No.6, Act of Parliament 2007 (India)

[6] The Prohibition of Child Marriage Act, 2006, Section 10, No.6, Act of Parliament 2007 (India)

[7] The Prohibition of Child Marriage Act, 2006, Section 11, No.6, Act of Parliament 2007 (India)

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