LawSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and register: The LFPR is defined as the percentage of the population that has a job or is looking for a job. According to the 2019/2020 Annual Labour Force Survey, the participation rate for women aged 15 to 59 was 32.3% (well below 81.2% for men). [18] According to the International Labour Organization (ILO), various economic and social factors influence the LFPR. These include: (i) educational attainment, (ii) fertility rates and age of marriage, (iii) economic impact, (iv) social norms, and (v) urbanization. In addition, the ILO notes that in India, the main reasons for the low participation rate are lack of employment opportunities, the impact of rising household incomes, poor measurement of women`s participation in the labour market and an increase in secondary school enrolment. [19],[20]. The persistence of child marriage despite so many measures raises the question of whether society attaches more importance to the institution of marriage than the parties to it? In granting a valid status to such marriages, is there tacit consent to the maintenance of ancient customary practices, although they have become superfluous in modern times; And above all, in the search for a legal solution to a social problem, do we digress? Questions galore, but no answers! Child marriage is a complex issue under Indian law. It was defined by the Child Marriage Restraint Act of 1929,[11] which set the minimum age of marriage at 14 for women and 18 for men. The law was opposed by Muslims and later replaced for Muslims in British India by the Muslim Personal Law (Sharia) Enforcement Act of 1937,[6] which involved no minimum limit and allowed parental or guardian consent in the case of Muslim marriages. The essential condition for the validity of an Indian marriage is the solemnity or performance of religious ceremonies prescribed by the religion to which the parties belong. Because of norms that place less value on girls than boys, it is believed that girls have no role other than to marry.
And they are expected to help with household chores and take on household chores in preparation for their wedding. UNICEF`s approach to ending child marriage in India recognises the complexity of the problem and the socio-cultural and structural factors underlying the practice. UNICEF India has achieved its `Expansion Strategy` to prevent child marriage and empower young people by working with governments, partners and relevant stakeholders from national to district level. The most important development has been the gradual shift from small-scale and mainly sector-based interventions to large-scale district models to empower young people and reduce child marriage, building on existing major government programmes. The law provides penalties for anyone who commits, performs, directs, or encourages child marriages. The same penalty is prescribed for anyone who solemnly solemnly commencies, encourages or authorizes the solemn celebration of such marriage, or carelessly fails to prevent such marriage. The guardian of the minor in marriage is also held responsible for child marriages. The Non-Muslim Act of 1929 was amended twice after India`s independence in 1947. In 1949, the minimum age for girls was raised to 15 years, and in 1978, the minimum age was raised for both sexes: 18 years for women and 21 years for men. [7] [12] The applicability and admissibility of child marriage among Muslims under the 1937 Act under the Indian Constitution adopted in 1950 remains a controversial issue, with a number of Supreme Court cases and rulings. [6] MMR and IMR data show that both indicators have improved in the country. The national maternal mortality rate was 113 per lakh of live births in 2016-2018, an 80% decrease from the 1990 maternal mortality ratio (556).
[14] The infant mortality rate decreased by 69%, from 114 in 1990 to 35 per 1,000 births in 2019-21.1 In March 2021, the Minister of Women and Child Development responded to a question from Lok Sabha that there was no credible data to suggest that child marriage was the leading cause of IMR and MMR. [15] Various factors that influence motherhood, such as health, nutrition, and lack of medical facilities, can contribute to IMT and MMR problems. For example, several studies suggest that anemia is one of the main reasons for elevated MMR. [16],[17] According to the latest NFHS-5 survey (2019-2021), 57% of women aged 15-49 are anaemic.1 According to UNICEF, although the roots of the practice of child marriage vary from country and culture to country, poverty, lack of education, limited access to healthcare, and poverty. [12] In March 2020, the Minister of Women and Child Development, Lok Sabha, informed that the practice of child marriage is largely due to prevailing social customs, traditions, illiteracy, poverty, women`s inferior status in society, and lack of awareness. [13] The Minister has stated that these problems cannot be resolved by legislative intervention alone.13 [21].