An In-Depth Study of Child Marriage Legislation in India: Legal Framework, Enforcement Challenges, and Societal Implications

Written by: Parikshit Sharma, 4th Year, B.A.LL.B. (Hons.), Lovely Professional University

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Abstract

Child marriage continues to be a significant and widespread problem in India, even after the introduction of the Prohibition of Child Marriage Act (PCMA) in 2006, which was specifically designed to eliminate this practice. This research provides an in-depth examination of the legal provisions established by the PCMA, focusing on how effectively these laws are applied and enforced across different states in India. It critically assesses the strengths and weaknesses of the legislative framework by analysing official government reports, relevant case laws, judicial pronouncements, and scholarly articles. In addition to the legal aspects, the study investigates the deep-rooted socio-economic and cultural factors that contribute to the ongoing prevalence of child marriages. These include entrenched patriarchal attitudes, poverty-driven decisions, limited access to education for girls, community pressure, and inadequate awareness of legal protections. The research identifies significant enforcement gaps such as insufficient institutional capacity, corruption, poor reporting mechanisms, and lack of trained officials, which undermine the law's effectiveness in preventing child marriages. Moreover, the paper highlights real-life case studies from states such as Assam and Karnataka to illustrate both successful interventions and persistent challenges. Finally, the study proposes a set of well-rounded policy recommendations, including enhancing public awareness campaigns, promoting female education, empowering local community leaders, strengthening law enforcement, and providing economic incentives to reduce early marriage practices. By integrating these measures, the research stresses the need for a multi-pronged, collaborative approach involving the government, civil society, and local communities. The ultimate goal is to create a sustained impact that not only enforces the law but also transforms societal attitudes, thereby ensuring the protection of children’s rights and advancing gender equality in India.

1. Introduction

Child marriage is defined as a formal or informal union in which one or both individuals are below the legally prescribed age of marriage, specifically under the age of 18 for girls and under 21 for boys. Despite significant legal efforts and growing public awareness, child marriage remains a persistent and deeply rooted practice in India. It continues to affect millions of children, particularly in rural and economically underdeveloped regions where traditional customs and socio-economic hardships dominate decision-making processes. The continued prevalence of child marriage in India represents a major violation of fundamental human rights and poses serious threats to the physical, emotional, and intellectual development of children, especially girls.

The harmful effects of child marriage are well documented. Early marriage often leads to premature pregnancies, which carry severe health risks such as obstetric complications, increased maternal and infant mortality, and malnutrition for both mother and child. Psychologically, child brides are more vulnerable to abuse, neglect, and domestic violence. Moreover, early marriage frequently ends the educational journey of the child, restricting her future economic opportunities and perpetuating the cycle of poverty. In many cases, these young individuals lack the knowledge or resources to exercise agency or escape abusive relationships, which further entrenches gender inequality.

Statistical data underscores the severity of the issue. The National Family Health Survey (NFHS-5) conducted in 2021–22 revealed that around 27% of girls in India are married before reaching the age of 18. While this figure reflects a gradual decline over the years, it still highlights the scale of the problem, given India's large population. The reasons for the persistence of child marriage are complex and multifaceted. Although the Indian government has taken legislative steps to counter this practice, notably through the enactment of the Prohibition of Child Marriage Act (PCMA) in 2006, the enforcement of this law has not been uniformly effective across the country.

One of the core challenges in addressing child marriage is the lack of awareness of the legal provisions, especially among marginalized communities. Many families remain uninformed about the legal age of marriage and the associated penalties under the PCMA. This lack of knowledge prevents them from understanding the harmful consequences of child marriage and discourages compliance with the law. Furthermore, cultural and religious practices in certain communities legitimize child marriage, viewing it as a necessary step for preserving family honor, strengthening social ties, or fulfilling customary duties.

Economic factors play a critical role as well. In regions with high poverty rates, families often consider early marriage as a financial strategy to reduce the burden of child-rearing or to receive dowry benefits. Poor families perceive marrying off their daughters at a young age as a practical solution to their economic difficulties. In such scenarios, the law is not seen as a deterrent but rather as an obstacle to fulfilling perceived economic needs and social obligations.

Another significant barrier to preventing child marriage is the inadequacy of institutional frameworks designed to monitor and implement the law. Child Marriage Prohibition Officers (CMPOs), who are tasked with preventing child marriages, often face challenges such as lack of adequate training, insufficient financial and administrative resources, and corruption within local authorities. In some cases, local power structures, including village panchayats and religious leaders, resist the enforcement of the law due to vested interests or adherence to customary practices. This leads to poor monitoring and ineffective implementation of legal provisions, allowing child marriage cases to go unreported or unresolved.

Social stigma and fear of ostracism also contribute to the persistence of the practice. Families often arrange child marriages under the pressure of community expectations, fearing that failing to do so may result in gossip, loss of social status, or dishonor. This social pressure is particularly intense in close-knit rural areas where conformity to tradition is seen as essential for social acceptance.

Given the complexity of the issue, this research aims to analyse the effectiveness of the existing legal framework against child marriage in India and identify key challenges that hinder its implementation. The study adopts a multi-dimensional approach, combining an analysis of legislative texts, government reports, judicial decisions, and case studies to evaluate how laws are applied in practice. Furthermore, it explores the social, cultural, and economic factors that contribute to the continued occurrence of child marriage despite legal prohibitions.

In addition to examining the challenges, the research provides comprehensive policy recommendations that seek to enhance the enforcement of child marriage laws, increase public awareness, and promote the involvement of communities in preventing the practice. These recommendations include expanding educational opportunities for girls, engaging community leaders to shift traditional mindsets, providing economic incentives to families, and strengthening the institutional capacity of law enforcement agencies.

This study emphasizes that eradicating child marriage requires more than legislative prohibition alone. A coordinated effort that integrates legal action with social reform and economic support is essential for creating long-lasting change. Only through a holistic approach involving government authorities, civil society organizations, local leaders, and the broader community can India effectively protect children’s rights, promote gender equality, and ensure a brighter future for millions of its young citizens.

2. The Legal Framework: Prohibition of Child Marriage Act, 2006

The Prohibition of Child Marriage Act (PCMA), passed in 2006, serves as the principal legislation designed to prevent child marriages in India. The law defines a child as any male under the age of 21 and any female under the age of 18. The Act explicitly prohibits the arrangement, conduct, or promotion of child marriages. It allows any person to file a complaint, and courts are empowered to nullify child marriages on petition by either of the parties.

Key Provisions of the PCMA:

Ø  Nullification of Child Marriage: The Act provides that child marriages can be annulled by the court at the request of the child involved or other authorized individuals.

Ø  Penalties: Individuals who facilitate, perform, or promote child marriages face a maximum imprisonment of two years and/or a fine up to one lakh rupees.

Ø  Protection of Children: The Act designates Child Marriage Prohibition Officers (CMPOs), tasked with preventing child marriages and raising awareness about the law.

Supplementary Legal Provisions:

Apart from the PCMA, other legislative measures indirectly address child marriage:

Ø  The Indian Penal Code (IPC): Sections 375 and 376 of the IPC are relevant in cases where sexual activity is involved in child marriages, making any such act rape by default.

Ø  The Juvenile Justice (Care and Protection of Children) Act, 2015: Offers mechanisms for the rescue, rehabilitation, and restoration of child marriage victims.

Though these laws collectively create a robust framework, their real-world application often suffers due to systemic weaknesses.

3. Implementation Challenges

Despite a well-structured legal framework, the practical enforcement of the PCMA faces multiple obstacles:

3.1 Low Public Awareness

A considerable portion of the population, especially in rural and marginalized communities, remains unaware of the legal age restrictions and the consequences of child marriage. Studies show that only about 35% of rural parents are familiar with the PCMA, which hampers community compliance.

3.2 Entrenched Cultural Norms

Child marriage is deeply embedded in cultural and traditional practices. In many regions, marrying children early is seen as a means of preserving family honor or maintaining social cohesion. Certain religious or caste-based communities continue the practice due to longstanding customs.

3.3 Economic Incentives

Poverty remains a primary driver of child marriage. Families in economic distress often marry off their daughters at an early age to reduce the financial burden and sometimes in exchange for dowry or bride price. This economic rationale perpetuates the practice, especially in regions with limited employment opportunities.

3.4 Insufficient Institutional Capacity

A lack of adequate training and resources for officials, combined with corruption in some areas, leads to ineffective monitoring and enforcement of the law. Child Marriage Prohibition Officers (CMPOs) are often overburdened or under-resourced, which limits their ability to act proactively.

3.5 Inadequate Reporting Mechanisms

Many cases of child marriage go unreported due to fear of social backlash, lack of knowledge about available legal remedies, or the influence of local power structures. Victims and their families are often discouraged from seeking legal redress.

4. Socio-Cultural and Economic Drivers of Child Marriage

4.1 Gender Discrimination and Patriarchal Norms

The preference for male children in Indian society and the perception of girls as economic liabilities fuel the practice of child marriage. In several communities, girls are viewed as an economic burden, and early marriage is seen as a solution to this “problem.”

4.2 Educational Disadvantages

Lack of access to quality education for girls increases their vulnerability to early marriage. In many rural areas, schools are distant or lack proper infrastructure, leading to high dropout rates, especially among girls. Early marriage becomes the only “socially acceptable” pathway for such girls.

4.3 Social Pressure and Fear of Ostracism

Families often face intense community pressure to conform to traditional practices. In tightly-knit communities, failing to arrange a child’s marriage by a certain age can lead to social stigma or loss of reputation. This compels families to act despite being aware of the law.

4.4 Influence of Local Power Structures

In some regions, local panchayats (village councils) and influential individuals perpetuate child marriage practices, either due to vested interests or traditional power dynamics. This complicates efforts to challenge or report such practices.

5. Empirical Case Studies

5.1 Assam: An Example of Effective Enforcement

In Assam, the government’s active measures led to a significant 54% reduction in child marriage cases by 2023. More than 5,000 arrests were made under the PCMA, and around 96% of cases resulted in charges being filed. This success was driven by stringent police monitoring, community outreach programs, and the empowerment of Child Marriage Prohibition Officers. Additionally, the state launched awareness campaigns in local languages, engaging community leaders and local influencers to shift perceptions.

5.2 Belagavi District, Karnataka: Persistent Challenges

Despite national efforts, Belagavi district in Karnataka reported 42 child marriages in one year. The highest number of cases involved the Kuruba community, which traditionally practices early marriage. The report revealed that many parents cited economic hardship and cultural tradition as reasons for the practice. Attempts to enforce the law were often met with community resistance and threats to local officials. The case underscores the need for culturally sensitive, community-based interventions rather than punitive measures alone.

6. Policy Recommendations

Addressing child marriage requires an integrated approach combining legal reforms, education, community involvement, and socio-economic empowerment.

6.1 Increase Public Awareness and Education

Governments should implement targeted awareness campaigns in rural areas and marginalized communities to inform people about the legal consequences of child marriage. These campaigns should be conducted in local languages and involve community leaders to improve credibility.

6.2 Promote Girls' Education

Ensuring girls’ access to education delays marriage and promotes personal development. Programs such as scholarships, free school supplies, and the construction of girls’ hostels in remote areas would encourage families to prioritize education over early marriage.

6.3 Strengthen the Capacity of Law Enforcement

Law enforcement agencies must be provided with sufficient resources, training, and technology to track and prevent child marriages effectively. Establishing specialized child protection units and deploying more CMPOs can improve implementation.

6.4 Engage Community and Religious Leaders

Community engagement is vital to changing deep-rooted mindsets. Involving religious and community leaders in advocating against child marriage can help in reducing societal resistance. Local leaders hold significant influence and can play a pivotal role in promoting behavioural change.

6.5 Economic Empowerment Initiatives

Government programs aimed at improving household income, such as skill development and microfinance schemes, can reduce the economic rationale for early marriage. Offering conditional cash transfers to families who keep their daughters in school until adulthood can be a strong incentive.

6.6 Improve Reporting and Monitoring Mechanisms

Developing confidential and accessible reporting channels will empower victims and concerned individuals to report child marriage incidents without fear. A centralized database to track cases can help authorities monitor trends and intervene early.

7. Conclusion

While India’s legal framework through the PCMA provides a solid foundation to combat child marriage, its success remains limited by systemic enforcement challenges and socio-cultural inertia. The persistence of child marriage is a multi-faceted issue deeply woven into the social, economic, and cultural fabric of the country.

The solution lies in a comprehensive strategy that goes beyond punitive actions, combining robust legal enforcement, increased public education, community involvement, economic support to families, and gender empowerment programs. Collaborative efforts from government authorities, civil society organizations, and local community leaders are essential for meaningful progress.

Unless all these dimensions are addressed cohesively, child marriage will remain a significant barrier to the socio-economic development and empowerment of women in India.

References

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3.     United Nations Children’s Fund (UNICEF). (2022). Global Report on Progress and Challenges in Ending Child Marriage.

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