Answer

Child marriage remains a significant issue in India, with 23.3% of women aged 20-24 married before 18, according to the National Family Health Survey-5 (2019-2021). While criminalizing child marriage aims to protect minors, it can inadvertently lead to adverse social consequences, particularly among marginalized communities.

Enroll now for UPSC Online Course

Unintended Social Consequences of Criminalizing Child Marriage

• Increased Secrecy and Unregistered Marriages: Criminalization may drive the practice underground, leading families to conduct unregistered marriages to avoid legal repercussions. This lack of official documentation can hinder legal rights and access to services for young brides.
• Disruption of Social Support Systems: Legal action against families can result in the breakdown of traditional support networks, leaving young couples isolated and without essential community assistance.
• Economic Hardships: Fines and imprisonment imposed on families can exacerbate poverty, particularly in marginalized communities where child marriage is often driven by economic necessity.
• Stigmatisation of Victims: Girls in child marriages may face increased stigma and discrimination if their marriages are annulled or if their families are prosecuted, affecting their social standing and future prospects.
• Barriers to Education: Legal proceedings can disrupt the education of young brides, as they may be withdrawn from school due to societal pressures or legal complications.

Concerns Surrounding Punitive Measures

• Ineffectiveness in Isolation: Relying solely on punitive measures without addressing underlying socio-economic factors may fail to reduce child marriage rates.
  For instance: Regions with strict laws but lacking in educational and economic opportunities continue to report high incidences of child marriage.
• Potential for Misuse: Laws criminalizing child marriage can be misused to settle personal vendettas or disputes, leading to wrongful prosecutions.
• Conflict with Cultural Practices: Strict enforcement may clash with deeply rooted cultural norms, leading to resistance and non-compliance within communities.
  For instance: In areas where child marriage is a traditional practice, legal measures without community engagement have faced significant pushback.
• Overburdening the Legal System: An influx of cases related to child marriage can strain judicial resources, leading to delays and ineffective enforcement.
• Neglect of Rehabilitation: Focusing on punishment may overlook the need for rehabilitation and support for affected individuals, hindering their reintegration into society.
  For instance: Lack of counselling and support services for annulled child brides can result in long-term psychological and social challenges.

Way Forward

• Community Engagement and Education: Implement awareness programs that involve community leaders to change perceptions and practices related to child marriage.
  For instance: Initiatives that train local influencers have successfully reduced child marriage rates by promoting alternative rites of passage.
• Economic Empowerment Programs: Provide vocational training and financial incentives to families to reduce the economic motivations behind child marriages.
  For instance: Microfinance schemes targeting women have been effective in delaying marriage by enhancing economic independence.
• Strengthening Education Access: Ensure that girls have access to quality education, which is a critical factor in delaying marriage.
  For instance: Scholarship programs for girls in rural areas have led to increased school attendance and delayed marriages.
• Legal Reforms with Support Mechanisms: Combine legal measures with support services such as counseling, shelter, and health care for affected individuals.
  For instance: Integrated support centers provide legal aid and rehabilitation services to victims of child marriage, facilitating recovery.
• Monitoring and Evaluation: Establish systems to monitor the implementation of laws and programs, ensuring they are effective and do not cause harm.
  For example: Regular assessments of child marriage prevention programs help in refining strategies and addressing unintended consequences.

Check Out UPSC CSE Books From PW Store

While criminalizing child marriage is a necessary legal deterrent, it must be complemented by socio-economic interventions and community engagement to address the root causes and prevent unintended negative impacts on marginalized communities. Initiatives like Beti Bachao Beti Padhao and SABLA, focused on education, health, and empowerment, help create a supportive environment that prevents early marriages and uplifts young girls.

DOWNLOAD PDF