Child Marriages in India: Can Legislation Help to Regulate This Trend?

Child marriages have gone on for many centuries, but they are still rampant in many parts of the world. In India this is a practice that the government has outlawed. However, it still takes place and can easily go undetected if the marriages are not registered with the legal authorities.

In some parts of the Indian state of West Bengal Roman Catholic priests have taken decisive action against some of their parishioners who have blatantly ignored the law that specifically outlaws child marriages. This has included excommunicating Catholics who have coerced their underage children into marriage. The priests have also taken further steps by refusing to baptize their children and some families have not been allowed to attend church services as a result of openly flouting this law on marriage.

The custom of allowing child marriage to take place is essentially a Hindu custom. This is outlawed in India, but the law is often ignored, particularly in rural areas, where families tend to be poor. Catholic priests in West Bengal's Nadia District have said that they have punished at least 15 Catholic families by refusing to allow them to receive Catholic sacraments, due to their adherence to the custom of child marriage. In addition to this, many other families have been asked to pay a fine for allowing child marriages to go ahead. The priests are obviously trying to educate families by teaching them that the ancient custom of child marriage is morally wrong for the underage children involved, as well as illegal. According to The Child Marriage Restraint Act that was passed in 1929 while India was still under British colonial rule, a woman must be 18 years old and a man 21 before they can both consent to a legally binding marriage. Some girls are as young as 6 years old when they are married off, usually to much older men. Many such children are unaware of the events that are unfolding around them. Those children who are old enough and who refuse to get married are usually still forced into marriage by their families. These children will then often face the misery of repeated rape, leading to psychological damage and premature pregnancies. Many girls face repeated pregnancies during their teens and some do not even survive their first pregnancy. India has one of the highest maternal and infant mortality rates in the world and doctors are blaming this on early pregnancy. Many girls who are in their early teens have difficulty coping with pregnancy because their bodies have not properly formed to deal with the strain of pregnancy and childbirth.

Bishop Joseph Gomes, who is from the Nadia District, stated that those families who had been punished by the church could possibly be accepted back into the church if they publicly repent for their crimes. Although Joseph Gomes was working hard at bringing an end to the practice of child marriage, other Catholic elders were unsure as to whether his initiative would prove successful across the whole of West Bengal. The state is home to 1 million Catholics, who converted to the faith during British colonial rule. Change will not come overnight and the priests know they are fighting an ongoing battle with their parishioners.
Elsewhere, in the state of Rajashan, the government has made it compulsory to register all marriages. This decision was reached following a Supreme court ruling that asked for federal and state governments in India to pass compulsory laws regarding registration. According to the state's Welfare Minister Madan Dilawar: "Not a single marriage would be allowed without registration. The registration document has been hailed as a small victory by women's groups. They went on to say that the new law will help check for and prevent child marriages. Social activist Kavits Srivastava told the BBC: "Child marriages are rampant in Rajasthan. Seventeen percent of women here are mothers between the ages of 15 and 17 years. We hope marriage registration will help in checking the evil of child marriages. Six years ago, a state minister also championed the cause of preventing child marriages, but he failed in achieving his objective. So far, the states of Gujarat, Maharashtra and Himachal Pradesh have laws in place that make the registration of marriages compulsory. However, the vast majority of marriages in India are not registered because they are performed according to ancient religious rites and ceremonies. To date, the registering of marriages has seen more success in urban parts of India. Some Rural areas have been untouched by the government initiative to protect children from the cruelty of child marriage. But perhaps over time, the law will help some children keep hold of their childhood and avoid the misery of child marriage.

Sources:

http://news.bbc.co.uk/2/hi/south_asia/6361301/stm
http://news.bbc.co.uk/2/hi/south_asia/5013328/stm