Syllabus
GS Paper 1 – Salient features of Indian Society, Diversity of India. Role of Women and Women’s Organization, Population and Associated Issues, Poverty and Developmental issues, Urbanization, their problems and their remedies.
GS Paper 2 – Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.
Context
A recent research published in the Lancet reported a general decline in child marriages across India, with the exception of four states.
Key findings of the report:
- National Statistic: In India, 1 in 5 girls are still married below the legal marriage age.
- Uneven Progress: While some states have achieved dramatic decreases in child marriages, others like West Bengal have struggled.
- Major Contributors: Four states, namely Bihar (16.7%), West Bengal, Uttar Pradesh, and Maharashtra, accounted for more than half of the total headcount burden of child marriages in girls.
- West Bengal’s Struggle: Despite multiple policy interventions aimed at curbing child marriage, West Bengal has experienced a substantial surge of 32.3% in the incidence of child marriages. This increase corresponds to over 500,000 additional girls getting married as children.
- State-wise Contribution: The report emphasized that certain states, specifically Bihar (16.7%), West Bengal (15.2%), Uttar Pradesh (12.5%), and Maharashtra (8.2%), collectively contributed to over half of the total headcount burden of child marriages in girls.
Situation of child marriage in West Bengal:
- Alarming Statistics: The National Family Health Survey-5 (NFHS-5) conducted in 2019-20 indicates that the percentage of women aged 20-24 years who were married before the age of 18 remains one of the highest in the country at 41.6%, the same as in NFHS-4. The all-India figure for women aged 20-24 years getting married before they turn 18 is pegged at 23.3%.
- Policy Interventions: Two schemes were introduced in the state to curb child marriages.
- Rupashree Prakalpa: This is a cash incentive scheme for the marriage of girls who are above the legal marriage age in India.
- Kanyashree Prakalpa: This is a conditional cash transfer scheme aimed at incentivising the schooling of all teenage girls between the ages of 13 and 18, and simultaneously discouraging child marriage.
- Paradox of Progress: Despite a significant increase in girls’ enrolment in schools over the past few years, the incidence of child marriage remains high in West Bengal.
- Gender Disparity in Education: The All-India Survey of Higher Education for 2020-21 reported that the estimated enrolment of girls in West Bengal was 9.29 lakh, which is higher than the boys’ enrolment of 8.63 lakh.
- Literacy vs Child Marriage: According to NFHS-5, the Purba Medinipur district, despite having a literacy rate of over 88%, has the highest incidence of child marriage at more than 57.6%.
- Impact of Migration: Experts have noted that migration in West Bengal fuels child marriage as families fear leaving unmarried daughters behind, driven by societal norms and economic factors.
- Cultural Expectations: This situation perpetuates a cycle where cultural expectations prioritize early marriages for wives to bear children while men work.
Challenges in law implementation and social issues contributing to the persistence of child marriages:
- Legal Challenges: West Bengal reported 105 cases under The Prohibition of Child Marriage Act (PCMA), 2006 in 2021, raising concerns as states with smaller populations reported more cases.
- Proposed Amendments: The Ministry introduced the Prohibition of Child Marriage (Amendment) Bill, 2021, proposing to raise the age of marriage for women to 21 years. This is currently under Parliamentary review.
- Enforcement Gaps: The data suggests gaps in law enforcement and highlights the need for comprehensive strategies to tackle child marriage.
- Ineffectiveness of Current Measures: Cash incentives and existing laws have failed to check child marriages in West Bengal.
- Poverty and Child Marriage: Poverty forces families to continue with the custom of child marriage. Murshidabad, an economically poorer district of the State, has one of the highest numbers of child marriages.
- Migration and Child Marriage: A significant population of the State migrates to work in other States, leading to concerns about leaving unmarried daughters at home.
- Literacy and Child Marriage: Despite high literacy, the incidence of child marriage is disproportionately high in some districts. For example, the Purba Medinipur district with over 88% literacy rate has the highest incidence of child marriage of more than 57.6% as per NFHS-5.
- Misuse of Schemes: Certain families avail cash benefits of both the schemes to organise marriage of girls, sometimes soon after cashing in on the school scheme.
- Lack of Awareness: The lower number of cases registered under Prohibition of Child Marriages Act, 2006 is due to the lack of awareness. In 2021, West Bengal registered only 105 cases whereas States like Assam with smaller population and lesser instances of child marriage registered more cases in the past 5 years.
Key Initiatives to Combat Child Marriages:
- Prohibition of Child Marriage Act, 2006 (PCMA): The PCMA was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment, and pornography, while safeguarding the interest of the child at every stage of the judicial process.
- Beti Bachao Beti Padhao (BBBP) Scheme: Launched in 2015, the BBBP scheme aims to address gender discrimination and women empowerment in India. It focuses on educating citizens against gender bias and improving the efficacy of welfare services for girls.
- National Commission for Protection of Child Rights (NCPCR): NCPCR is an independent statutory body established to protect and promote the rights of children in India. It ensures that all laws, policies, programs, and administrative systems conform to the rights of the child.
- Protection of Children from Sexual Offences Act 2012: This Act provides a comprehensive law to protect children from the offences of sexual assault, sexual harassment, and pornography. It incorporates child-friendly mechanisms for reporting, recording of evidence, investigation, and speedy trial of offences.
- CHILDLINE: CHILDLINE 1098 is a 24-hour free emergency phone service for children in need of aid and assistance. It not only responds to the emergency needs of children but also links them to relevant services for their long-term care and rehabilitation.
Key strategies to address the issue of child marriages:
- Decentralised Planning: In 2022, the West Bengal government advocated for a district action plan to curb child marriage and issued necessary guidelines.
- Political Will: Enhanced political will is needed to effectively enforce the existing laws to control child marriages.
- Social Campaigns: Development of social campaigns involving all stakeholders including panchayats, schools, and local communities can improve the situation as rapidly as in other states.
- Mobilization of Political Will: There is a need to mobilize political will at both state and national levels to prioritize the eradication of child marriage through legislative measures.
- Transparency and Reporting: Promoting a culture of reporting and transparency by regularly updating and providing detailed information on child marriage cases under PCMA 2006 is crucial.
- Review of PCMA 2006: Facilitating a comprehensive review of PCMA 2006 to identify loopholes and areas for improvement in enforcement is necessary.
- Advocacy for Amendment Bill: Advocacy for the swift approval of the Prohibition of Child Marriage (Amendment) Bill, 2021, by the Parliamentary Standing Committee is important. This Bill amends the PCMA 2006 to increase the minimum age of marriage of females to 21 years and will override any other law, custom, or practice.
- Empowerment of Girls: Empowering girls with information, skills, and support networks for increased autonomy and decision-making is a key strategy.
Source: The Hindu
Practice Question
Discuss the underlying factors contributing to the persistence of child marriage in India. Evaluate its implications on health and education. [250 words]