1. Name: Marieum.S.Fakhri
Roll No: 09
Class: M.Com-1
Subject: Advanced Accountancy
University: SNDT Women’s
University
Submitted to: Jyoti Thakur Mam
Topic: Child Marriage in India
with Special
Reference to Rural Area’s
1

2. CHILD MARRIAGE IN INDIA
WITH SPECIAL REFERENCE
TO RURAL AREA’S
By
Marieum. S. Fakhri
2

3. 3

4. Table of Contents:
Sr No Particulars Pg No
1 Introduction 5
2 Objectives 6
3 Methodology 7
4 History of Child Marriage 8&9
5 Types of Child Marriage 9 & 10
6 Causes/Reasons of Child 10 - 13
Marriage
7 Effects/Consequences of 13 -18
Child Marriage
8 Laws of Child Marriage in 18 - 20
India and Efforts of
4

5. Government and Public to
Stop Child Marriage in Rural
Areas
9 Conclusion 20 & 21
10 References 22
 Introduction:
The practice of early marriage in rural India is deeply embedded in cultural values
and grounded in social structures. Despite laws that prohibit marriage before legal age,
the practice is still extremely prevalent in many parts of the country. The highest rates
are seen particularly in the rural states of Andhra Pradesh, Bihar, Madhya
Pradesh, Rajasthan, and Uttar Pradesh. Marriage at such early age exists because of
several social factors, which includes conventional gender norms, the value of virginity and
parental concerns regarding premarital sex, demand of marriage transaction, i.e. dowry and
poverty. More than one third of all child brides live in rural India. It is whereby children
are given in matrimony – before marriageable age as defined by the commentator and
often before puberty. It is frequently associated with arranged marriage. In some cases
only one marriage-partner is a child, usually the female. The legal age for marriage in India
is 18 years for girls and 21 for boys. Any marriage of a person younger than this is banned
under the Child Marriage Prevention Act, 1929.It is an incontrovertible fact that a large
number of child marriages are performed in violation of the existing provisions of the law,
particularly on „Akha Teej‟ or „Akshaya Tritiya‟. When child marriage takes place, the
children are too young to understand what marriage means. It is true that there is a large
body of social opinion and customary practice that sanctions early marriage. It is a
religious tradition in many places in India and therefore difficult to change. The dire
consequences that follow child marriage, particularly for girls are – the child‟s education is
sacrificed, girls become more vulnerable to domestic violence and due to early pregnancies
their health gets much worse.
The babies born to girls under 16 are more likely to die during their first
year of life. UNICEF (The United Nations Children's Fund) describes child
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6. marriage as a “gross violation of all categories of child rights.” It is a social evil
that has degraded the status of girl child in our society. Child marriage is against
the law but the marriage itself is valid once performed, even if the child was as
young as 5 years at the time. Police cannot make arrests without applying for a
Magistrate‟s order.
According to Registrar General of India (RGI) Report 2001, Rajasthan
(40.8 %) of female‟s marriage before 18, followed by Bihar (39.6%), Madhya
Pradesh (34.1%), Jharkhand (32.9%) and Andhra Pradesh (32.3%).
I have selected this topic to know the Causes, Effects of Child Marriage
and Laws Prevailing to curb Child Marriage in India.
 Objectives:
1. To study the History of Child Marriage.
2. To study the Types of Child Marriage.
3. To study the Causes/Reasons of Child Marriage.
4. To study the Effects/Consequences of Child Marriage.
5. To study the Laws of Child Marriage and Efforts of Government and Public
to Stop Child Marriages in Rural Areas in India.
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7.  Methodology:
Secondary Sources:
1. Websites:
www.unicef.org
www.indg.in
en.wikipedia.org/wiki/Child_marriage_in_India
www.asiantribune.com
2. Books:
1. Title : Child Marriage in India
IBSN No: 81-7099 -460 -8
Published by K.M Rai Mittal for Mittal Publications, A-110, Mohan Garden, New
Delhi - 110059
2. Title Child Marriage in India: Socio-Legal and Human Rights Dimensions
7

8. Author Jaya Sagade
Edition 2, illustrated
Publisher Oxford University Press India, 2012
ISBN No: 0198079796, 9780198079798
 History of Child Marriage in India:
1. Political turmoil
Child marriage, also known as Bal Vivaha, is believed to have begun during the
medieval ages of India. At this time, the political atmosphere was turbulent and
ruled by Delhi Sultans in an absolute monarchy government. The sultans had an
extreme commitment to their religion and forced many to convert, causing socio-
cultural unrest, and Hindu women suffered the most. These days of the Delhi
Sultans produced practices such as child marriage and lowered the status of
women even further. They invented the ill omen of giving birth to a female baby
and believed that young unmarried girls caused disaster. Child marriage became a
widespread cultural practice with various reasons to justify it, and many marriages
were performed while the girl was still an infant.
2. Military alliances
Indian feudalistic society became present, where characteristics such as
honor, rivalry, and animosity were important qualities to possess, and because of
this, families and kingdoms created strong military alliances to preserve or destroy
power between them. To ensure the alliance was upheld by both sides, each family
exchanged a young member of their household who was reared and educated at the
other family's estate. The children were the assurance that the alliance between
the families was honored, but in case it wasn't enough, the families made a
marriage arrangement to deepen the alliance even further. They believed the
marriage wouldn't work if they waited for the young children to grow up because
they could possibly pick someone outside of the alliance. If they performed the
marriage while the children were still young and susceptible to their parents'
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9. influence, the children would have no choice but to marry who their parents choose
to strengthen the alliance.
3. The caste system
The caste system is also believed to have contributed to the growth of child
marriage. Castes, which are based on birth and heredity, do not allow two people to
marry if they are from different castes. This system was threatened by young
people's emotions and desires to marry outside their caste, so out of necessity;
child marriage was created to ensure the caste system continued.
4. Social reasons
Child marriage tradition in India has social reasons too. Indians performed
child marriages to get their girls protected against rapes and abductions by
foreign rulers. The other reason was to strengthen family relations and bonds, and
to satisfy the elder people who wanted to see their grand children marriages
before their death. However in child marriage system, the parents used to send
their girls to their husband‟s house only after attaining Puberty. Child marriages
caused the young couple to lead family life regardless of likes and dislikes. In some
economically poor families, the parents used to perform marriages to their under
aged girls even with much elderly men. Some families used to perform child
marriages with a fear that the children may deviate off the track after reaching
teenage.
 Types of Child Marriage in Rural India:
1. Promissory marriage, whereby a verbal promise is made at infancy or even at
childbirth by the parents to have their children get married.
2. Child marriage, in which both the children Female and Male are below 18 and 21
years respectively.
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10. 3. Child marriage in which Females being underage for marriage are married to old
Mens.
 Causes/Reasons For Child Marriage:
Why is Child Marriage Still Existing in Rural Areas of India?
There are many factors which sustain the continuation of the practice of child
marriage in rural India. Poverty and social norms intended to ensure family honor
and protect girls are significant factors that increase the risks for a girl to be
married while still a child. These factors manifest themselves in the following
collective and individual attitudes and beliefs which are still widespread in India:
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11. 1. Unmarried girls are considered a liability to family honor. Child marriage is a
way to ensure chastity and virginity of the bride, thus avoiding potentially
dishonoring of the family.
2. Dowry perpetuates child marriage as it encourages parents to marry off
their girls early to avoid an increase in the dowry amount (more educated
girls usually require a higher dowry). Although giving or receiving dowry is a
crime under the Dowry Prohibition Act, 1961, it is still a common practice.
3. Girls are considered an economic burden for their family of origin and a
“paraya dhan” or property that belongs to the marital family. Hence, the
tendency is to marry girls as early as possible and reduce investment in their
daughters.
4. Investing in girl‟s education is not considered worthy as girls will be moving
to the groom‟s household and will be employed in household chores. On the
other hand, the limited education and livelihood options for girls lead to
marriage being one of the few options for girl‟s future.
5. Impunity, weak law enforcement and limited knowledge of the law by society
perpetuate child marriage in rural areas.
The parents of child brides are often poor and use marriage as a way to
provide for their daughter‟s future, especially in areas where there are few
economic opportunities for women. Some families use marriage to build and
strengthen alliances, to seal property deals, settle disputes or pay off debts. In
some cultures, child marriage is encouraged to increase the number of pregnancies
and ensure enough children survive into adulthood to work on family land and
support elderly relatives. Chastity is another major reason, and many parents want
to make sure their daughters do not have a child outside marriage. There are many
other cultural reasons for child marriage. In India‟s southern state of Tamil Nadu,
some communities have a strong social stigma against girls being married after
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12. puberty. Some people in Ethiopia‟s Amhara region believe that menstruation is
induced by intercourse. Some also fear that if girls receive an education, they will
be less willing to fulfill their traditional roles as wife and mother. The number of
child marriages often increases during conflicts or natural disasters, when families
seek protection for their daughters or money for themselves. Parents say that
after one to three years after the girl attains puberty, they have to be married.
Most girls are engaged or married as early as 5 years old and once she attends
puberty, she is sent to the husband‟s house. It is true that it still prevails in rural
villages.
According to the parents, the reason behind getting their children married
at early age is to protect them from exploitation. “We never know what will happen
to our daughters when they are away from us, when they go to school, they might
be raped. The girls might fall in love and could elope with somebody, to avoid these
situations; they get them married as early as possible.
Some of the other reasons for early marriages are: it is less expensive when
mass marriages are organized; it is a good time for the parents to marry off their
children before they reach adolescence. It is a protection issue for girls, so if the
girls are married at an early age, they are protected. Parents want to transfer the
burden of guarding the girl child to the husband and his family. Parents feel their
daughter is secured once she is married.
In economically disadvantaged regions, poor families see child marriage of
their boy as a way to improve their lot in life. A dowry, for example, will help
support the family and shelter their child from financial problems. In rural areas,
such marriages play a role in the preservation of culture and strengthen the ties
between important families.
Child Marriage as a Custom
Customs are practices which are inherited from the past and which are
accepted and respected by the members of a community. Child marriage, forced
marriage or arranged marriage is viewed as a custom which has a harmful effect on
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13. children‟s health. In effect, children who are forced to marry against their will
are subjected to trauma which endangers their physical and mental development.
There are two fundamental reasons behind child marriage-
Poverty and Economic Transactions, and Notions of Morality
and Honor.
1. Poverty and Economic Transactions-Poverty is a critical factor which encourages
child marriages. Rather, it is a reason behind that. In communities where child
marriage is thought to be a transaction that often represents a significant
economic activity for the family, the girl child is the only commodity the family has
with it to trade and sometimes to use it as a currency to settle a debt. In
some poor rural areas young girls are considered to be properties of their parents
who can attain greater wealth and are married in early years to old rich men.
2. Notions of Mortality and Honour-Notions of Mortality and Honour have been
enshrined deeply in many cultures. These factors encourage the practice of child
marriage. High values have been placed on female virginity in Indian culture since
very long. It is being considered shameful if a girl going to marry is not virgin.
Hence, parents stand searching appropriate groom for their daughters even earlier
to her puberty.
Over all Major Reasons attributed for early marriage
includes
1. Poor families view girl child as burden which leads to the practice of illegal
sex- selective abortion (750 to 850 girls are born per 1000 boys).
2. Rampant dowry system (giving bride price).
3. Parents from poor dalit and tribal families view early marriage as protection
against dangers of sexual assault.
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14. 4. Early marriage and young girls getting married to men above 60 is common
among naicker community from family property protection perspective.
 Consequences/Effects of Child Marriage:
Child marriage is a major social concern and a violation of children’s rights
– whether it happens to be a girl or a boy as it denies the basic rights to health,
nutrition, education, freedom from violence, abuse and exploitation and deprives
the child of his/her childhood. Child marriage is a common practice all throughout
the country but it affects girls in rural areas (48%) more than in urban regions
(29%). In India, especially in rural villages, many children particularly girls as young
as 13 to 16 years are forced into marriage by their parents, guardians or relatives.
Child marriage has adverse effects for the child and for the society as a whole.
For both girls and boys, marriage has a strong physical, intellectual, psychological
and emotional impact, cutting off educational opportunities and chances of personal
growth. While boys are affected by child marriage, this is an issue that impacts
upon girls in far larger numbers and with more intensity. The consequences for
girls are especially dire, as they are usually compelled into early childbearing and
social isolation. Child brides will frequently drop out of school and be exposed to
higher risk of domestic violence and abuse, increased economic dependence, denial
of decision-making power, inequality at home, which further perpetuates
discrimination and low status of girls/women. Furthermore, they are completely
unprepared, both physically and mentally, to undergo pregnancy and childbirth.
Many of them give birth prematurely to infants whose chances of survival will be
lower than normal. Indeed, the experience of giving birth may prove fatal not
simply for the infant but for the mother as well.
Surveys on child marriages that have been carried on in villages in India,
show that child marriages contribute to numerous social problems like soaring birth
rates, acute poverty and malnutrition, high illiteracy and infant mortality and low
life expectancy etc. In rural areas of Rajasthan state in India, a survey of more
than 5000 women conducted in 1995 by the central government showed that 56
percent of women were married before attaining the age of maturity. Even 15.3
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15. percent of these were married before the age of 5 years and the 14% were
married before the age of 10 years. Out of every 1000 births, 73 children died in
their infancy and 103 were under the age of 5 when they died. Sixty three percent
of the children fewer than 4 years of age were found to be severely
undernourished.
Child Marriage and Health
1. Child marriage is associated with several health risks for the young mother, as
early marriage may cause complications in pregnancies at a tender age when the
body is not fully prepared for child bearing. Girls age 15-19 are more likely (66.6%)
to experience delivery complications compared to 21-29 year-old women (29.7%)
2. Risks of HIV/AIDS infection are higher among young girls as their negotiation
skills and experience to ensure a healthy sexual life are less developed.
Early maternal deaths
Girls who marry earlier in life are less likely to be informed about reproductive
issues, and because of this, pregnancy-related deaths are known to be the leading
cause of mortality among married girls between 15 and 18 years of age. These girls
are twice more likely to die in childbirth than girls between 20 and 24 years of
age. Girls younger than 15 years of age are 5 times more likely to die in childbirth.
Infant health
Infants born to mothers under the age of 18 are 60% more likely to die in their
first year than to mothers over the age of 19. If the children survive, they are
more likely to suffer from low birth weight, malnutrition, and late physical
and cognitive development.
Fertility outcomes
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16. A study conducted in rural areas in India by the International Institute for
Population Sciences and Macro International in 2005 and 2006 showed high
fertility, low fertility control, and poor fertility outcomes data within child
marriages. 90.8% of young married women reported no use of a contraceptive prior
to having their first child. 23.9% reported having a child within the first year of
marriage. 17.3% reported having three or more children over the course of the
marriage. 23% reported a rapid repeat childbirth, and 15.2% reported an unwanted
pregnancy.15.3%reporteda pregnancytermination (stillbirths, miscarriages or abort
ions). Fertility rates are higher in slums than in urban areas.
Violence
Young girls in a child marriage are more likely to experience domestic violence in
their marriages as opposed to older women. A study conducted in India by
the International Center for Research on Women showed that girls married before
18 years of age are twice as likely to be beaten, slapped, or threatened by their
husbands and three times more likely to experience sexual violence. Young brides
often show symptoms of sexual abuse and post-traumatic stress
Child marriages have many detrimental consequences that
can be classified as physical, psychological and social
 Physical Consequences: When a girl child is married in early age she is likely to
be forced into sexual activity with her husband who usually remains much older
than him. As the bride remains physically and sexually immature it has serious
health consequences.
2. Psychological and Social Consequences: A girl child married in her early age
has to lift the huge responsibility of playing the role of a wife and mother. Since
such girls are not prepared to become a wife and mother, this heavy burden has a
serious impact on the psychological welfare and relationship of these children.
Early marriages have also been found to have connections with abandonment and
increased levels of divorce. Child brides often face the danger of being widowed by
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17. their husbands due to old, disease or other reasons. Some brides often become
domestic slaves of their in-laws.
Problems faced during initial days in the Marital home by
Young Brides
Young brides often face problem in their husband‟s house. Being small and young
they are made to do daily household chores includes getting up early in the morning
and mopping/cleaning of rooms at least three times a day (in the morning after
getting up, before having food twice a day); washing utensils (twice or more a day);
washing clothes; collecting drinking water from outside, which is often at a distant
place; collect cow dung, straws to be used as fuel for cooking; feeding
domesticated animals and taking them to field; besides taking care of their
children and in-laws. The problem was further aggravated by big family size and
the joint family type when the young bride had to do all these tasks for a large
number of family members. To quote a young woman, “I feel weak in performing
such workload and if I cannot finish-off my work in time, my husband beats me up.
When I speak about my weakness to my in-laws, they say I am stating false
reasoning for avoiding household works”.
Over All Child Marriage have many serious harmful
consequences for children, including:
1. Girls married early are denied of their education rights. Once married, girls
tend not to go to school.
2. Early marriage also results in early widowhood in the region. Most girls who
are married to elderly men on account of protection of family property, lose
their husband very early and turn out to be a reject in the society. This
also denies their participatory rights at the young age.
3. Early married girls have a double pregnancy death rate of women in their
20s.
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18. 4. Additionally, from having babies too young, girls are at an extremely high
risk for vaginal and anal ruptures.
5. The babies of young married girls are sick and weaker and many do not
survive childhood.
6. Early married girls are in high risk of being infected with sexually
transmitted diseases.
7. These young girls are at an increased risk of chronic anemia and obesity.
8. Girls married early have poor access to contraception. In most cases HIV
infection is commonly identified among girls who married at early years.
9. Death cause for young girls between the ages of 15 and 19 is early
pregnancy.
10. These young girls have a lack of educational opportunities.
11. Being forced into an early marriage creates a lifetime of poverty.
12. Most girls who are married before 18 are face with domestic violence,
sexual abuse, and murder. Children who refuse to marry or who choose a
marriage partner against the wishes of their parents are often punished or
even killed by their families in so-called „honor killings‟
 Laws of Child Marriage and Efforts of Government and
Public to Stop Child Marriages in Rural India:
More than 40 per cent of the world's child marriages take place in India in
rural areas, even though the legal age for wedding is 18 and 21 for girl and boy
respectively, reported UNICEF. Child marriage is of course banned in India and the
Indian government has taken a strong step to tighten laws against child marriage,
but unfortunately this custom continues to exist in spite of legal interdictions.
According to the new bill, Prohibition of Child Marriage Bill 2006, the priests,
police or local leaders will be jailed and fined if they will be found indulged in this
illegal practice. This bill grants protection to many children forced into marriage
every year in the rural parts of the country.
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19. To stop such child marriages, the Indian government is aiming to create
stricter and more easily-enforced laws, since the current legal atmosphere is not
having a widespread enough effect. Currently, the police cannot arrest the
organizers of mass child marriages without applying for a magistrate's order,
which may take days. The punishment and fines are also not severe enough to stop
the practice. Proposed changes include stronger punishment, a compulsory
registration of all marriages rather than merely religious rites, the appointment of
anti-child marriage officers in every state, and making a law requiring anyone who
attends a child marriage to report the marriage. A further recent proposal is to
administer campaigns to encourage poor families to participate in mass marriages
of sons and daughters who are over the legal age to get married, in order to save
costs of dowries and wedding arrangements.
The central government of India has enforced Child Marriage Restraint Act –
1929, revised on 1 Oct. 1978 through which it has raised the legal age of marriage
as 18 years for girls and 21 years for boys.
Legislation and Enforcement
1. The Government of India has adopted the Prohibition of Child Marriage Act in
2006, replacing the Child Marriage Restraint Act, 1929.
a. It extends to the whole of India (except the State of Jammu and
Kashmir) and it applies also to all citizen of India without and beyond
India.
2. Complementarily, the Compulsory Registration of Marriages Act, 2006.
3. The Dowry Prohibition Act, 1961 and Right to Free and Compulsory Education
Act, 2009 reinforce India‟s legal framework against child marriage.
4. Child marriage is an offence punishable with rigorous imprisonment, which may
extend to 2 years, or with fine up to Rs. 1 Lac, or both;
5. Child marriage is a cognizable and non-bail able offence; Child marriages are
voidable and can be annulled;
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20. In addition to the national legal and policies to eliminate child marriage, the
central and state governments have many initiatives in place to address child
marriage indirectly by focusing on the development of the girl child and promoting
girl‟s education.
The Indian government has voted a new bill, people marrying children and
people involved in these practices, people abetting or attending a child marriage
would face up to two years in prison and a fine of 100,000 rupees. The new bill has
the provision to appoint "child marriage prohibition officers" in each of India‟s
states. They will keep an eye on the practice and will collect evidence to prosecute
such cases. Further, Courts have been empowered to rule a child marriage null and
void even after many years of the practice. In addition, the husband will be forced
to give compensation and residence to his former wife. Unfortunately, in spite of
the legal announcements made by the Supreme Court, there are many cases which
hardly enter the register logs.
Government has also introduced number of Advertisement on television to
stop child marriage by focusing on issues of ill-health and complications for girls if
they are married before the age of 18. Government is trying to make parents
understand that not to get their daughter marry before age of 18.
Government is also giving free education to girls in rural areas so that they
don‟t become burden on their parents and become self independent. Education also
helps the girls to recognize what is right and wrong and stand for themselves.
Public are also contributing in order to stop child marriage by way of serials
on television. One of the popular show on child marriage in rural areas of Rajasthan
is Balika Vadhu currently on television. People are liking the show and understanding
the problems faced by young underage brides.
 Conclusion:
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21. In view of this project, I consider these marriages crimes not only against
the children to be married but also against all of humanity. Child marriage is of
course banned in India and the Indian government has taken a strong step to
tighten laws against child marriage, but unfortunately this custom continues to
exist in spite of legal restrictions. Ending child marriage is challenging because
even parents who are aware of its negative impact may find it too difficult to
resist the economic and social pressures as well as the heavy weight of the
tradition.
However, the law alone cannot curb this harmful social practice. A change in
psyche of the backward and illiterate people is required. Education and the
empowerment of women are, beyond a doubt, two of the best remedies in a largely
male-dominated and country.
Repeated studies have shown that education plays an important role to
eliminate child marriage. Research by UNICEF shows that the more education a
girl receives, the less likely she is to be married as a child. Improving access to
education and eliminating gender gaps in education are therefore important
strategies for ending the practice of child marriage. As poverty is one of the main
cause of child marriage and more than half of the rural Indian population live under
the poverty line and have no money to afford a decent shelter or a proper meal, it
is the duty of the Government to promote long-term policies to develop the rural
areas and impart education in remote areas, to uplift the poor living conditions and
enhance instructive projects of education and health care facilities. Because of
poverty and lack of education precisely many desperate parents from the poor
class get their minor daughters married in return of money as old men pay a
considerable sum to achieve young girls. Only when a joint effort is made, will the
country rise and prosper, and the worthless customs such as child marriage will
cease to exist and happy educated children will make a better future and a healthy
nation.
21

22.  References:
1. Websites:
www.unicef.org
www.indg.in
en.wikipedia.org/wiki/Child_marriage_in_India
www.asiantribune.com
2. Books:
22

23. 1. Title: Child Marriage in India
IBSN No: 81-7099 -460 -8
Published by K.M Rai Mittal for Mittal Publications, A-110, Mohan Garden, New
Delhi - 110059
2. Title: Child Marriage in India: Socio-Legal and Human Rights Dimensions
Author: Jaya Sagade
Edition: 2, illustrated
Publisher: Oxford University Press India, 2012
ISBN No: 0198079796, 9780198079798
23