Child Marriage and the Law
Child Marriage and the Law
What is Child Marriage?
Child Marriage refers to the marriage of a person below the legally prescribed age for marriage. Usually, this means:
A girl under the age of 18 years
A boy under the age of 21 years
Child marriage is considered harmful as it affects the physical, mental, and social well-being of children.
Why is Child Marriage a Concern?
Health Risks: Early pregnancy poses serious health risks for young girls.
Education: It deprives children, especially girls, of education.
Rights Violation: It infringes on the rights of children to develop freely.
Social Impact: It perpetuates poverty and gender inequality.
Legal Approach to Child Marriage
The law prohibits child marriage to protect children’s rights and well-being. It:
Sets a minimum age for marriage.
Declares child marriages void or voidable.
Provides penalties for those who conduct or facilitate child marriages.
Status of Child Marriage in Law
Void vs. Voidable: Child marriages may be either void (invalid from the beginning) or voidable (valid unless annulled).
Consent: Children below a certain age cannot legally give valid consent to marriage.
Protection: Courts can intervene to prevent or annul child marriages.
Punishment: The law penalizes those who perform or promote child marriages.
Important Judicial Views and Case Law
Case 1: Lily Thomas v. Union of India
Facts: The issue related to the validity of marriages where consent and age were in question.
Held: The court reiterated the need to protect children from premature marriage and emphasized that child marriages violate personal liberty.
Principle: Marriage below the prescribed age is against public policy and the rights of children.
Case 2: Suresh Kumar Koushal v. Naz Foundation
Facts: The court examined rights related to personal liberty and protection from harmful social practices.
Held: The court recognized child marriage as a violation of fundamental rights and supported measures to eradicate it.
Principle: The state has a duty to protect children from social evils like child marriage.
Case 3: Independent Thought v. Union of India
Facts: The case focused on child marriage and the need to protect minors from exploitation.
Held: The Supreme Court ruled that marriages involving minors are harmful and must be prevented and punished.
Principle: Child marriage infringes the right to life and liberty and is subject to judicial intervention.
Court’s Role in Protecting Children
Courts have the power to annul or declare void child marriages.
They may issue orders to protect minors from forced or early marriages.
Courts ensure that the best interests of the child are paramount.
Summary
| Aspect | Explanation |
|---|---|
| Definition | Marriage below prescribed age (usually <18 for girls) |
| Harmful Effects | Health risks, education deprivation, rights violation |
| Legal Status | Child marriages are void or voidable |
| Consent | Children cannot legally consent to marriage |
| Judicial View | Courts protect minors, annul child marriages, penalize violations |
| Case Law Examples | Lily Thomas, Independent Thought, Suresh Kumar Koushal |
Conclusion
Child marriage is a serious social issue that infringes on the rights and well-being of children. The legal system protects children by setting age limits, declaring child marriages invalid, and empowering courts to intervene. Through progressive judicial decisions, child marriage is recognized as a violation of fundamental rights and an obstacle to development.
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