NCRB data show that child marriage cases in India have risen by a whopping 222 per cent in just five years.
On Monday, October 17, on a petition filed by the National Commission for Protection of Child Rights (NCPCR), the Supreme Court agreed to examine an order of the Punjab and Haryana high court that allowed a minor Muslim girl to marry. The NCPCR said it violates provisions of the POCSO Act, and amounts to sexual assault of minors.
While many believe a favourable decision by SC would be a step towards Uniform Civil Code, activists are mainly concerned about underage marriage being more prevalent in certain communities following personal laws. As per the National Family Health Survey-V (NFHS 2019-21), 23.3 per cent women in the 20-24 age group were married off before attaining the age of 18. Also, as per the NCRB-2021 report, at least 34 minor girls were kidnapped every day to be compelled into marriage.
NFHS data show that 7 per cent women in India between 15 and 19 years of age have begun childbearing, the ratio of which is highest among Muslims – 8.4 per cent. The same is 6.8 per cent for Christians and 6.5 per cent for Hindus, which means teenage pregnancies among Muslims is 30 per cent higher than Hindus. Data also show that use of contraceptives among Muslims is much lesser.
But while Hindus can be penalised for child marriage, the same does not apply for Muslims as they follow personal laws. This is exactly what the NCPCR is trying to regulate, as it says that POCSO is a secular act for the overall well-being of minors.
Teen pregnancy is higher in rural areas, and among sections with lower education and wealth. Some 53 per cent married women in the 15-19 age group have already begun childbearing. Tripura (22%), West Bengal (16%), Andhra Pradesh (13%), Assam (12%), Bihar (11%) and Jharkhand (10%) have the highest levels of teen pregnancy.
Activists believe marriages of minors further push up the fertility rate in a country already dealing with population explosion. According to NFHS data, the fertility rate among Muslims is 2.4, compared to 1.9 in Hindus and Christians.
NCRB data show that child marriage cases in India have risen by a whopping 222 per cent in just five years. While 2016 saw 326 such cases, the number soared to 1,050 in 2021.
The highest number of child marriage cases between 2016 and 2021 was reported from Karnataka (757). It is followed by Assam (577), Tamil Nadu (469) and West Bengal (431).
The NDA government has proposed to raise the legal age of marriage for women from 18 to 21. Though the Centre believes that such a move would further empower women and help build their careers, critics take it with a pinch of salt. There is no clarity on whether POCSO will overlap with Prohibition of Child Marriage Act, and also how the issues of consent regarding marriage, studies and career are to be addressed.
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