Where does India stand on child marriage? | Explained

India's unwavering commitment to eradicating child marriage by 2030, in alignment with the United Nations Sustainable Development Goal (SDG) 5.3, represents a critical stride towards achieving comprehensive social development and gender equality. This ambitious target underscores a deep-seated recognition of child marriage as a profound violation of human rights and a significant impediment to national progress. The journey towards this goal is marked by a complex interplay of historical social norms, evolving legislative frameworks, and targeted government interventions.

Historically, child marriage has been a pervasive social practice in India, rooted in patriarchal traditions, economic vulnerabilities, and perceived social security for girls. Prior to independence, efforts to curb this practice were nascent, with the Child Marriage Restraint Act of 1929, famously known as the Sarda Act, being a landmark. This act set the minimum age of marriage at 14 for girls and 18 for boys. While a significant step, its enforcement was often weak, and the practice continued largely unabated in many parts of the country. Post-independence, the issue gained more attention, leading to amendments and stronger legal provisions.

The current legal cornerstone against child marriage is the Prohibition of Child Marriage Act (PCMA), 2006. This Act superseded the Sarda Act, raising the minimum age of marriage to 18 years for females and 21 years for males. It declares child marriages voidable at the option of the minor party, provides for maintenance for the girl, and imposes stringent penalties on those who perform, abet, or promote child marriages. The Act aims to prevent, prohibit, and punish such marriages, providing a robust legal framework to combat the menace. Despite its strong provisions, challenges in enforcement, particularly in rural and remote areas, persist due to societal acceptance, lack of awareness, and the clandestine nature of such marriages.

Significant progress, however, has been made over the past decade. Data from the National Family Health Survey (NFHS) series provides a clear picture. According to NFHS-4 (2015-16), the prevalence of child marriage for women aged 20-24 stood at 26.8%. Encouragingly, NFHS-5 (2019-21) data reveals a notable reduction, with the figure dropping to 23.3%. This reduction, though positive, indicates that nearly one in four women in this age group were still married before the legal age, highlighting the ongoing challenge.

Key stakeholders in this fight include the Ministry of Women and Child Development, which spearheads policies and programs; state governments responsible for implementation and enforcement; the judiciary, which adjudicates cases and interprets laws; and civil society organizations and NGOs, which play a crucial role in awareness campaigns, rescue operations, and rehabilitation. International bodies like UNICEF and UNFPA also provide technical support and advocacy. Local communities, families, and religious leaders are also critical stakeholders, as their attitudes and beliefs significantly influence the prevalence of child marriage.

The reduction in child marriage rates is largely attributed to increased access to education for girls and targeted government schemes. Initiatives like 'Beti Bachao Beti Padhao' (Save the Girl Child, Educate the Girl Child), launched in 2015, focus on improving the sex ratio at birth and promoting girls' education. The 'Sukanya Samriddhi Yojana' encourages parents to save for their daughter's education and marriage, providing financial incentives that indirectly deter early marriages. Other programs like the 'Janani Shishu Suraksha Karyakram' and 'POSHAN Abhiyaan' improve maternal and child health, further emphasizing the value of girls and women's well-being.

The eradication of child marriage holds immense significance for India. Socially, it promotes gender equality, improves the health and educational outcomes for girls, and breaks the intergenerational cycle of poverty. Girls who marry later are more likely to complete their education, have better health, and participate in the workforce. Economically, delaying marriage can boost female labor force participation, contributing to the demographic dividend. Politically, it strengthens India's commitment to human rights and its standing on global platforms. It directly impacts India's ability to achieve other SDGs related to health (SDG 3), education (SDG 4), and poverty (SDG 1).

From a constitutional perspective, the efforts align with fundamental rights such as Article 14 (Equality before law), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), Article 21 (Protection of life and personal liberty, which includes the right to dignity and a fulfilling life), and Article 21A (Right to education for children aged 6 to 14 years). Furthermore, Directive Principles of State Policy like Article 39(f) mandate that the state shall direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth are protected against exploitation and against moral and material abandonment. These constitutional provisions provide the moral and legal imperative for the state to act against child marriage.

Looking ahead, India faces challenges such as deep-rooted patriarchal norms, poverty, the intersection of personal laws with the PCMA, and ensuring effective enforcement across all regions. The government's proposal to raise the minimum age of marriage for women to 21 years, though currently under consideration, signifies a further commitment to this cause. Achieving the 2030 target will require sustained efforts in awareness generation, community engagement, strengthening judicial and administrative mechanisms, and ensuring universal access to quality education and economic opportunities for girls. The future success hinges on a multi-pronged approach that combines legal deterrence with social empowerment and behavioral change.