Child Marriage In India: Its Causes And Prevention

Abstract

Child marriage in India continues to pose a significant challenge to social development, gender equality, and the realization of fundamental human rights. Despite the enactment of the Prohibition of Child Marriage Act, 2006 (PCMA), which sets the legal minimum age of marriage at 18 years for girls and 21 years for boys, the practice persists, particularly in rural, economically disadvantaged, and socially marginalized communities. This persistence reflects a complex interplay of socio-cultural, economic, and legal factors, including entrenched patriarchal norms, poverty, illiteracy, dowry practices, and inadequate enforcement of existing laws. The present study examines child marriage from a comparative legal perspective, focusing on Hindu law, Muslim personal law, and Parsi law. While the Hindu Marriage Act and Parsi Marriage and Divorce Act align more closely with statutory minimum age requirements, Muslim personal law permits marriage upon attainment of puberty, creating a divergence between religious norms and statutory provisions. This legal plurality poses challenges for uniform enforcement and protection of children’s rights. The study also highlights the preventive and punitive mechanisms under the PCMA, including the role of civil courts in declaring child marriages voidable, imposing penalties for contraventions, and granting injunctions to prevent imminent child marriages. By analyzing judicial interpretations and socio-legal realities, the research identifies gaps between legislation and practice and emphasizes the necessity of a multidimensional approach. The findings underline that legal reform alone is insufficient; prevention must be reinforced through education, awareness campaigns, community engagement, and empowerment of vulnerable populations. This study contributes to understanding the legal, social, and cultural dimensions of child marriage in India and provides recommendations for harmonizing personal laws with statutory frameworks, thereby promoting the protection of children’s rights, gender justice, and the eradication of child marriage.