Child Marriage : Is a Social Evil

                                              

   INTRODUCTION   

 In India one of the most baffling problem which  Our society face so many times is a child marriage. In India or Our society faces these problem because of illiteracy. The most Children’s were married at very premature age. When the children Attend the age of 10 years they got married . They don't have any idea Of marriage but they have not any option. The social pressure is One of the most burning example of child marriage. Our society Forced mainly girl children to fall into child marriage. Child marriage Is an reasons behind the spoiler of our children’s. Marriage destroyed the life of the kids .Child Marriage is a one type Of unethical way because they don’t have any idea Of responsibility Behind the phenomenon.

 

Description: In India child marriage means without the consent of the boy And girl involving the Marital  bond. Marriage is a way of very responsible And sacred to ready to accept each other, but in India child marriage is a very unethical way, because the girl not to attend the age of 18 and the boy Who is not to attend the age of 21, they both are immature . The Indian Law Has said that the minimum age of 21 years for boys and 18 for girls. It’s the legal way or right way to legally get married. This law was passed because of the increasing of the child marriage day by day. And other side or other hand, people trying to make the nation's growth ….How it is possible???

The girl child are faces many problem or as they are discriminated in the society because of their gender , because she is girl .Our society forced to a girl to live a life she don’t have any idea about child marriage. The girl child move out there house such a young age. Not only girl child but also the boy child of our society faces some problems like inhumanity . The major problem of the child marriage in India is to forced sexual intercourse and domestic violence .These are the  reasons or major problem of child marriage. Child marriage of India ruins the life of the children's. Child marriage in India it is an old traditions .

In the year of 1921 in report of Census said that the age group of one to twelve month of the 600 brides . After hearing this news Mahatma Gandhi was highly shocked and he introduced the Sarda Act and the Child Marriage Restraint Act in the year of 1929. In India it is the first step to against the child marriage .This act fixed the age of legally marriage .When a girl child attend the age of 14 years and when a boy child who attend the age of 21 years then they got legally married otherwise it is an void marriage .Many advocates are taken some steps against the child marriage in India. Child marriage is an old evil practice, it is an reality. According to United Nations report India has the second highest number of child marriage. In Bihar the rate or the percentage of child marriage is 68% except Rajasthan and Jharkhand they are the highest incidence of child marriage.

 

 CAUSES OF CHILD MARRIAGE

 There are some causes of child marriage we see ……

1. Poverty: poverty is the main cause of child marriage. Lack of money or economic condition they got married in the earlier age for their economic  benefit.

 2. Lack of education: Lack of education or illiteracy they got married earlier age because they don't have any idea Of marriage or responsibility.

 

3. Social pressure : Mainly girl child are faces these problem. They got married early age because of pressure of society .Society discriminated to the girl child.

 

4. Family Reputation : The dignity and the reputations in the most important thing . It is heavily dependent of their children.

EFFECT OF CHILD MARRIAGE

In India the victims of child marriage is often illiteracy. They cannot enjoy their life . They are the ignorance part of our society . Due to the early marriage they suffers many problems. They have faced both physically and psychologically problem ,they not to ready for married life at this age. They have many responsibilities in this early age. Lack of illiteracy they don’t know about their rights .They both are frustrated of their life . Boys who are minors are forced to bear financial or economical responsibilities.

Boys and girls both are not mentally and physically prepared for sexual life .The evil practice a greater risk of contracting sexual diseases like H.I.V. When a girl not matured means not to attend the age of 18 years they don’t have any idea Of pregnancy and any other topics related to pregnancy. They faces many problems during the pregnancy. After the birth of the baby, the baby faces or suffers many problems. Mother and baby both have faces some risks at that time.

 

In the age of playing and learning they both are means boys as well as girls are taking some responsibilities. They both losses their independence. The boys go to the depression because in this age he is not capable of taking responsibility of her wife.

HOW TO SPREAD SOCIAL AWARENESS ABOUT CHILD MARRIAGE IN INDIA 

 

There are so many steps which are taken to spread social awareness about in India as follows :

 

  1.     Children’s don't know their Civil Rights . Firstly they have to be taught their Civil Rights. When they know their civil rights then they protest against child marriage and protect themselves .

  2.Televisions and media is the important part to spread social awareness about child marriage. Media as well as televisions both are change the society and change the thinking or mindset and attitude of the people .

  3.There are some NGO's they protect the children and they protect their childhood. Because childhood is the best part of our life .

  4.Some legal strict laws are play the important rule in spread social awareness about child marriage. Child marriage can be punished when they both are not attend the age of 18 for girls and 21 for boys.

 

  CHILD MARRIAGE LAWS IN INDIA 

During the British rule the first law come against the child marriage. The Child Marriage Restraint Act come in the year of 1929 . Sarda Act come before the,  The Child Marriage Restraint Act .This law prohibited the age group of the marriage boys for 21 years and girls for 18 years .When they both are attend the specific age then they both are got married otherwise not .

Other hand it is treated as an illegal marriage. In the year of 1 April 1930 except some states Jammu and Kashmir and Hyderabad this act was enacted . When any one brake the rule of this act then he will be punished under this act , the imprisonment Up to three months. It was amended in the year of 1940 and 1978 .

The another act was come into the year of 2006 : Prohibition of Child Marriage Act .According to this act if boys and girls are married in the earlier age means when they not attend the age of maturity they got married because of family pressure then this act give the chance to void these marriage and the dowry so given was returned to the bride's family. We are the citizens of our country .Every citizens has to role to protect and uphold the future citizens .There are many Government programs such as ApniBeti, Apna Dhan  means my daughter my wealth, it’s focus on dealing the child marriage in India.

There are some showcased , melo drama most watched like Balika Vadhu to show how   child marriages are bane to the country and humane society .

 

ASSOCIATION OF DOWRY WITH CHILD MARRIAGE 

Dowry simply means Dahez. At the time of the marriage the bride family offering some gifts and wealth and any other thing to the groom's family, that means when brides family offering some thing to the groom's family at the time of the marriage it’s called DAWRY . It is an process of offering something .It is related with the age of the bride , more the age of the bride to more to demand of dowry will be pay. The fear of more dowry is one more reason behind the child marriage , and the poverty is also an major factors of the child marriage.

 

 INITIATIVES 

Initiatives which was taken our government : As per the information of The National Crime Records Bureau( NCRB) number of 169,222,and 280 cases have been record under The Prohibition of Child Marriage Act,  and in the year of 2006,2012,and 2014 individually recorded.

 

State Governments are do some unique activity to postpone marriage by facilitated customary day for such marriages . Example : our whole world organised International Women’s Day and National Girl Child Day . These initiatives are very helpful to issues identified with ladies.

  Prohibition of Child Marriage Act,2006

 This act said child marriage punishment of rigorous imprisonment for two years or fine of INR 1lakh rupees .This act also defines the age group of both boys and girls

 get legally married. The age of boys makes below 21 years and female below 18 years

 

 RELATED CASE LAWS

 

  ●  In the case of  Emperor VS. Fulabhai Bhulabhai Joshi : on 27 June,1940 in this case according to  Bombay High Court opponents parties and two others were under this act of 1929 because of performing a child marriage . Parent who permitted the child marriage to be solemnized, and the remaining accused including according to under section 6 of this Act.

 

   ●  Sh.Jetender Kumar Sharma VS. State and another on 11 August,2010, Delhi Court…….The provisions of penal is the HMA and the Child Marriage Restraint Act 1929 , the bench of division observed marriages solemnized in contravention

  ●  State of Gujrat vs Patel Jivraj khimji and Ors. On 27th January, 1966…..The Gujrat High Court held that the offence under section 5 and 6 The Child Marriage Restraint Act in the year of 1929 in the court, accused brought about and solemnized a child marriage at the village dayapur.

 

    CONCLUSION

 Children's are the miror of our society. Children of today are the future of tomorrow. It is our duty to provide them proper education to build a strong Nation. Each of the children should understand their human rights. When society provide them to proper education then they stands against the child marriage . Otherwise it is

Impossible to developed our country . If we expect safe and developing country then we take some steps against the child marriage or to put an end to child marriage in India. Marriage is a union of sacred between both male and female person.  Marriage ruined the life of the kids . When we hear of child marriage taking place then it is our responsibility to inform to the police or reporting to the police . Awareness is the most important part of child marriage. Without awareness child marriage cannot abolished . Child marriage not only spoiled kids childhood but also their upcoming future .

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Mithu Sarkar                             
 Snehangshu kanta Acharaya Institute of Law.

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