Author: Vaibhaw Raj
Introduction
Child marriage is a problem that India has been dealing with for a long time. Even today, news reports sometimes tell the story of a young girl being married off before she turns 18. For many of these girls, marriage means leaving the schools taking on responsibilities too early and missing out an opportunity that could have changed their lives.
Things have improved over the years, and fewer child marriages are taking place than before. Still, the problem has not disappeared. Recent survey data shows that the number of child marriage has fallen significantly compared to 2 decades ago yet nearly one in 4 young womens in India was still married before the age of 18 in many communities, girls are married soon after becoming adults showing that old social attitudes continue to influence people’s decision.
This raises an important question; If there are laws against child marriage why does it still happens? To answer this, the article examines the law important court decisions and the social and economic reasons that keeps their practice my life. It also discusses the steps needed to protect children and ensure they have their freedom to choose their own future.
Understanding the Scope of Problem
When people hear the term child marriage they often imagine a very young girl being married against her wishes police drop while such cases do occur, the problem is much wider. Child marriage affects both boys and girls but girls usually suffer the most foolish many are forced to leave school become mothers at a young age, and lose the chance to make important decisions about their own future.
The problem is not the same everywhere in India states like Bihar, West Bengal, Rajasthan, and Assam continues to report a large number of child marriages. The practice is more common in rural areas and among families facing financial difficulties. Children from disadvantage communities are also at greater risk.
The COVID-19 pandemic reminded us how easily progress can be undone. When schools were shut and many families lose their income, several girls became more vulnerable to early marriages. For many children, school is more than a place of learning it is a source of safety and opportunity. The pandemic showed that is strong laws alone cannot end child marriage. Unless children have access to education, financial support, and a secure environment the problem is likely to continue.
Constitutional Dimension: Equality, Dignity and Child Welfare
Although the constitution of India does not directly mention child marriage, several of its provisions supports the protection of children from such practices. courts have often relied on these constitutional principles while addressing issues related to child welfare.
- Article 14 guarantees equality before the law. Since child marriage mainly affects girls and limits their access to education health and opportunities, it goes against the principle of equality.
- Article 15 prohibits discrimination on the basis of sex police stop child marriage plays a disproportionate burden on girls, reinforcing the gender inequality that the constitution seeks to remove.
- Article 21 protects the right to life and personal liberty. The Supreme Court has interpreted this right to include dignity, autonomy and the freedom to make important life choices. Early marriage often takes these choices away from children.
- Further, article 39 (f) directs the state to ensure that child grow in condition of freedom and dignity. By forcing children into adult responsibilities at young age child marriage conflicts with this objective.
Legal Framework Governing Child Marriage
The Prohibition of Child Marriage Act, 2006
The Prohibition of Child Marriage Act 2006 is the main Lord that deals with child marriage in India. It replaced the Child Marriage Restraint Act of 1929 and provides a stronger safeguard for children. According to the Act a male below 21 years and a female below 18 years are considered children, and any marriage involving them falls within the category of child marriage.
One of the notable features of this legislation is that the child marriages are not automatically void under Section 3 of the Act they are voidable at the option of the underage party This means that the child who was married can approach the District Court and seek annulment of the marriage after attaining majority. The law adopts approach to protect the interest of the affected child while also addressing practical concerns particularly in cases where children have been born from such marriage.
This position was reaffirmed in Shailja Suresh Dimber v. State of Maharashtra (2026), where the court pointed out that automatically declaring all child marriage void could create problems relating to the welfare and rights of children one from such union. The court also highlighted the importance of maintenance residence and custody protection.
The Act prescribes punishment for those who conduct, promote or help in organising child marriages fully stop it also provides for the appointment of child marriage prohibition officers. However, their work is often affected by a shortage of resources and inadequate administrative support.
Supporting Legislations
The PCMA is supported by other children protection laws.
The Protection of Children from Sexual Offences Act, 2012 (POCSO) protects all persons below 18 years of age, regardless of their marital status.
Similarly, The Juvenile Justice (Care and Protection of Children) Act, 2O15, aims to protect vulnerable children and ensure their care and rehabilitation. The Dowry Prohibition Act ,1961 also plays an indirect role as dowry demand of an encourage families to marry their daughters at an early age. However, like PCMA the effectiveness of these laws depends largely on proper enforcement.
Recent Judicial Developments
Courts have played a significant role in strengthening the legal response to child marriage. Through a number of decisions, they have recognised that child marriage is not merely a family matter but an issue that directly affects the rights and welfare of children.
In Manish Singh v. State Government of NCT of Delhi (2005), the court observed that child marriage can negatively affect a child’s education, health, and future. The court also emphasised that merely having laws against child marriage is not enough; these laws must be properly enforced to bring real change.
In Independent Thought v. Union of India (2017), the Supreme Court dealt with a law that treated married girls between the ages of 15 and 18 differently from other children. The Court struck down this provision and held that a girl does not lose her legal rights simply because she is married. The judgment ensured that married minor girls receive the same protection as other children under the law.
Enforcement Challenges and Governance Gaps
Indian parliament has made several laws against child marriage, but enforcing them remains a challenge. In many cases, the protection promised by law does not fully reach those who need it.
Many child marriages in rural areas are not officially registered, which make it hard for authorities to identify and stop them. Social pressures, family honour concerns and fear of community backlash often prevent people from reporting such incidents. Even when authorities do get information, they do not always act quickly or efficiently.
In Seema v. Ashwani Kumar (2006), the Supreme Court emphasised the need for registration of marriages the court observed that compulsory registration of marriages could play an important role in preventing child marriages and forced marriages and therefore directed States and Union Territories to implement it. However, the problem of unregistered marriage still persists, particularly in rural regions.
The Prohibition of Child Marriage Act also provides for Child Marriage Prohibition Officers (CMPOs) to prevent child marriages at the district level. However, many officers face practical difficulties such as lack of funds, inadequate training, and limited administrative support. As a result, they are not always able to carry out their responsibility properly.
Poverty remains one of the biggest reasons behind child marriage. NFHS-5 data shows that the practice is far more common among poorer households than among wealthier ones. alone cannot solve the problem. Families which have financial difficulties sometimes believe that early marriage is the best option for their daughters. This shows that legal restrictions alone cannot address the economic reasons behind child marriage.
Education plays a most important role in reducing child marriage. According to survey data, nearly 48% of women who never attended school were married before the age of 18. This percentage is much lower among women who completed secondary or higher education. Girls who continue their studies are less likely to be married at a young age. However, many girls from families which are economically weaker leave school before completing their education, making them more vulnerable to child marriage.
Challenges and the Way Forward
The continued existence of child marriage shows that laws alone cannot solve the problem. Along with legal action, there is a need for better implementation and greater social awareness.
In order to address child marriage more effectively, a few important steps can be taken:
– Child Marriage Prohibition Officers need proper training and support to carry out their responsibilities.
– More girls should be encouraged to stay in school, as education plays an important role in preventing early marriage.
– Poor families should receive financial support so that economic problems do not lead to early marriages.
– Better coordination between schools, police, welfare officials, and local communities can help prevent child marriages before they occur.
– Victims of child marriage should be provided with educational, financial, and rehabilitation support.
A comparison with other countries shows that laws alone are not enough. Nepal has set the minimum marriage age at 20 years for both men and women without any exceptions. In the United Kingdom, different authorities work together to prevent child and forced marriages. These examples highlight the importance of both strong laws and effective enforcement.
India already has laws to deal with child marriage. India already has laws to deal with child marriage. However, their impact is often limited because enforcement is weak and awareness remains low in many areas.
Conclusion
Child marriage remains a serious issue in India even today. Although the country has enacted laws such as the Prohibition of Child Marriage Act and has strengthened child protection through judicial decisions, the practice has not completely disappeared. This shows that passing laws is only one part of the solution. Child marriage is often linked to poverty, lack of education, gender bias, and social customs that have existed for generations. Therefore, the practice is unlikely to disappear unless these underlying issues are also addressed.
In my opinion, child marriage cannot be eliminated through laws alone. Families need to understand the value of educating their daughters and giving them opportunities to grow and become independent. Along with effective implementation of laws, awareness and financial support for vulnerable families are equally important. These efforts can help children make their own decisions and lead a better life.
