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Child marriage human rights violation: HC

TIMES NEWS NETWORK

From the archives of The Times of India 2007, 2009

New Delhi: Stressing that child marriage violates human rights, the Delhi high court has restrained a minor girl and her forty-year-old husband from consummating the marriage till she attains the age of majority.

Unlike some earlier decisions of HC when minor brides were allowed to reside with their husbands, a bench headed by justice A K Sikri decreed that the 17-year-old bride would be staying with her parents and not with her spouse.

‘‘In actuality, a child marriage is a violation of human rights, compromizing the development of girls and often resulting in early pregnancy and social isolation, with little education and poor vocational training reinforcing the gendered nature of poverty,’’ the bench noted on a petition filed by an NGO pleading it to declare the marriage illegal as 17-year-old Chandni was forced to marry 40-year-old widower Yashpal.

HC however, refused to declare the marriage void as the matter pertaining to the legality of marriage involving minors is still to be decided by a larger bench. The court restrained the husband from consummating the marriage and said it will await the larger bench’s verdict.

‘‘Till Chandni attains the age of 18, she shall stay with her parents and not with her spouse. Yaspal shall not consummate the marriage and it would be not only his responsibility but the parents of Chandni shall also ensure this,’’ the court ruled adding, ‘‘Child marriage perpetuates an unrelenting cycle of gender inequality, sickness and poverty.’’

In this case, Chandni’s father got her married to Yashpal who claimed he was 35. After an NGO Association for Social Justice and Research intervened, the court asked the Delhi Police to find the couple and their family as she could not be traced out. The Delhi Police lodged an FIR and arrested Yashpal and Chandni’s father and she was produced before the court.

HC expressed concern over the prevalence of the social evil which perpetuates gender inequality. ‘‘The surprising thing is that almost all communities where this practise is prevalent are well aware of the fact that marrying child is illegal, it is even punishable under the law. NGOs as well as the government agencies have been working for decades to root out this evil. Yet, the reality is that the evil continues to survive,’’ the court said.

Laws banning child marriages

80 yrs since ban, 45% of girls still married off before 18

48% Of Them Get Pregnant Before Attaining Majority: Survey

Kounteya Sinha

Times of India

New Delhi: Laws banning child marriages were introduced in the country in 1929 but 80 years down the line, the social ill continues to be as grave as ever.

Nearly half the women in India are married off before they reach the legal age of 18, a joint Indo-American study announced in the medical journal ‘Lancet’ on Tuesday.

After looking at data of 22,807 women aged 20-24 years, around 44.5% of these women were found to have got married before the age of 18.

According to researchers specialising in social and behavioural sciences at Boston University School of Public Health (BUSPH), economic and educational reforms in India have failed to lower the prevalence of child marriages, fuelling risks of multiple unwanted pregnancies, their termination and sterilisations.

Even worse, it has been found to be associated with poor fertility outcomes, such as unwanted and terminated pregnancies and repeat childbirths in less than 24 months.

Lead author Dr Anita Raj, associate professor at BUSPH, said the study found that more than one in five — 22.6% — were married before age 16, while 2.6% were married before age 13. Women who married younger than 18 were significantly more likely to report no contraceptive use before their first childbirth. Nearly half — 48.4% — of women who were married as children reported giving birth before they turned 18.

These results suggest that neither recent progress in economic and women’s development, nor programmatic efforts to prevent child marriage and promote maternal and child health, have been sufficient to reduce the prevalence of child marriage in India,” Dr Raj said.

The study found sterilisation rates were higher for women married as children than for those married as adults — 19.5% compared to 4.6%. Overall, more than one in eight women, or 13.4%. had been sterilised. Of those not sterilised, more than three-quarters reported no present contraception use. Child brides were also at greater risk of a fistula — a tear in the genital tract as well as pregnancy complications and death and sickness as a result of childbirth. India introduced laws against child marriage in 1929 and set the legal age for marriage at 12 years. The legal age for marriage was increased to 18 years in 1978.

The researchers said, “Women who had been child brides were 37% likelier not to have used contraception before their first child was born; seven times likelier to have three or more births; and three times likelier to have a repeat childbirth in less than 24 months.”

They added, “They were also more than twice as likely to have multiple unwanted pregnancies, nearly 50% likelier to have an abortion and more than six times likelier to seek sterilisation compared with counterparts who had married after the age of 18.”

Unicef recently said that child marriage was increasing India’s maternal and infant deaths. Girls who give birth before the age of 15 are five times more likely to die in childbirth than women in their 20s. If a mother is under the age of 18, her infant’s risk of dying in its first year of life is 60% greater than that of an infant born to a mother older than 19. “More than 40% of the world’s child marriages take place in India. Worldwide, more than 60 million women between 20-24 were married before they were 18. Child brides become mothers much before their bodies are physically mature,” Unicef ’s Karin Hulshof said. She added child marriage prevented many girls from continuing education and are less likely to seek medical attention for babies.

CHILD BRIDES

22.6% girls married before 16, while 2.6% wedded before 13

48.4% of married girls have a child before they turn 18

37% of them did not use contraception before first baby

They are seven times likelier to have more than three children Three times likelier to have a child again in less than 24 months They are also nearly 50% likelier to have an abortion

Marriage, before 18

45% of Indian girls married off before 18

Jharkhand, Bihar, Rajasthan Worst Offenders: Survey

Kounteya Sinha

Times of India

New Delhi: It’s a social ill that continues to shame India. Nearly 45% of women in the country, aged between 20 and 24, are married off before they reach 18, the legal age to marry. What’s worse, the number is over 50% in eight states. While 61% of women in Jharkhand were married off before 18, the number stood at 60% in Bihar, 57% in Rajasthan, 55% in Andhra Pradesh, 53% each in Madhya Pradesh, Uttar Pradesh and West Bengal and 52% in Chhattisgarh.

Lack of education was found to be a major factor fuelling this trend. Over 71% of women who got married below the age of 18 had received no education.

These are part of the findings of the latest National Family Health Survey-III, carried out in 29 states during 2005-06. The survey, conducted by 18 research organisations, including five population research centres, and designed to collect and provide vital information on population, family planning, maternal and child health, child survival, nutrition of children and status of women, also unmasks another worrying trend. Six states — Arunachal Pradesh, Punjab, Mizoram, Sikkim, Tripura and West Bengal — which reported a lower percentage of under-18 marriages among women during the NFHS-II survey conducted in 1998-99, show an upward trend in NFHS-III. Officials say more and more women in these six states are being married off at the age of 15. The survey, which interviewed 1,24,395 women and reported a response rate of 94.5%, shows that this social malady exists mostly in rural India. While 52.5% of the cases of under-18 marriages were found to be in rural areas, the number stood at 28.1% in urban India. Some states, however, have shown a low prevalence of this practice. States like Goa, Himachal Pradesh, Manipur, Jammu and Kashmir, Kerala, Punjab, Delhi, Tamil Nadu, Uttarakhand and Meghalaya reported 12%-25% prevalence.

CHILD MARRIAGE Lax implementation of Act

New Delhi: The scourge of child marriage continues to haunt India. ‘‘Because women questioned for the marriage survey were between 20-24 years of age, this figure shows us a trend that is recent. It’s shocking that nearly half the women in that age group, many from progressive states, were married off before they attained the age of 18. In some of the country’s biggest states, over half the women met this fate. This has serious implications on their chances of higher education and their fertility rate,’’ said Dr Kamla Gupta, chief coordinator of NFHSIII from the International Institute of Population Sciences, Mumbai. According to a health ministry official, a girl marrying below 18 often gives birth to an unhealthy child. Dr R K Sinha, an expert on marriage trends in IIPS, told TOI, ‘‘This is a disturbing trend. Even though several states like Andhra Pradesh, Chhattisgarh, Bihar, Jharkhand, Madhya Pradesh, Rajasthan and UP have shown a decline in this practice in NFHS-III, the numbers are still above 50%. This shows that the Child Marriage Restraint Act of 1976 isn’t being implemented effectively by several states.’’

Every third child bride in the world is India: Report, 2011

Every third child bride in the world is Indian: report, July 22, 2017: The Hindu

With over 10 crore Indians, including 8.5 crore girls, being married off before they turn 18, every third child bride in the world is an Indian, a report has found.

The report, titled ‘Eliminating Child Marriage in India’, was released by ActionAid India and analyses data on child marriages based on the 2011 Census.

Some improvement

The report found that there had been some improvement in the age of marriage, but that India still accounted for about 33% of all child marriages in the world. Of the married female population in India, 30.2% had been child brides.

The report also found that 75% of all child marriages took place in rural areas as on 2011. The number was even higher for the period between 2007 and 2011, at 82%.

Uttar Pradesh accounted for the highest percentage of child marriages in India, at 16.6%.

In fact, U.P., Andhra Pradesh, West Bengal, Rajasthan, Bihar, Maharashtra and Madhya Pradesh accounted for 70% of all child marriages in India as of 2011.

While releasing the report, chairperson of ActionAid India Shabana Azmi said that there was a need to address the underlying causes of child marriage.

“Patriarchy is at the root of child marriage, and patriarchy has to be tackled to eliminate child marriage. Spreading education and building confidence among girls enables them to resist child marriage and chart their own lives,” she said.

‘Economic problem too’

The author of the report, Dr. Srinivas Goli, of Jawaharlal Nehru University’s Centre for the Study of Regional Development, said that child marriage was not only a human rights or gender issue, but had an impact on the country’s progress as well.

“Women are half of the population and if we cannot combat child marriage, it may increase the extent of unhealthy and unskilled labour force. This can be a great hindrance to the economic prospects of the country,” said Dr. Goli.

The legal position

Annulment

The Times of India, Mar 07, 2016

Divorce must to annul child marriage: HC

A marriage of minors will not become void automatically without either of them obtaining divorce within two years of attaining the legal age for marriage, the Madras high court has ruled. A division bench set aside the order of a lower court refusing to take on file a woman's divorce petition on the grounds that she was a minor during marriage which was automatically void.