Child Marriage and The Law in India

Post Date: Monday, August 22, 2016

Child Marriage and The Law in India

India has been grappling with the evil of Child Marriage for centuries. The roots of this abhorrent custom run so deep that despite various attempts by numerous institutions and statutes, these marriages are celebrated all around the country with full throttle, especially on auspicious days. There has been much debate on how to win the war against child marriage.

The book is an attempt to highlight the need for the nation to join the fight. It discusses the data highlighting the adverse affects of child marriage on the mental and physical growth and development of the children, especially the girl child who suffers from victimization from physical and sexual abuse. The married girl child is more susceptible various health risks from premature pregnancy and physical immaturity. Moreover, data collected from various states reveals its effect on the education of the children. The book further discusses the legal framework, and the gaps within, that has been designed by the legislature and the Courts to restrain the occurrence of such marriages while balancing them with rights and welfare of those who have already been its victims. An analysis of the judgements by High Courts and the Supreme Court shows the concrete stance of the judiciary against child marriages.

Despite of the efforts of the State and the judiciary, child marriages are still prevalent all across the country. It is the need of the hour to acknowledge and fill the lacunae that exist in the legislation itself as well as its implementation. Through this book, a compilation of the discussions at the National Consultation, the measures undertaken by the state governments and the recommendations that have been put forward to ensure prevention is being presented for a better understanding of the prevailing situation and the dire need of action.