Critics also question whether the POCSO Act will be amended to complement the PCMA Act. The Protection of Children from Sexual Offences Act 2012 (POCSO) is characterized by comprehensive legislation on sexual crimes against children in India. Although the law has protected many children from sexual abuse, families have also abused them. Many cases of sexual assault reported in the country under OSCPO and other laws for children aged 16 to 18 are consensual and reported by the family of a girl who disapproves of the teens` behaviour. The Odisha State Commission for the Protection of the Rights of the Child (OSCPCR) opposed the centre`s decision to raise the legal age of marriage for girls, saying it would be ineffective in preventing child marriage and aggravating cases of fetal killing and of single mothers. The purpose of this law is to prevent child marriages, which generally disadvantage women. Girls cannot complete their education and, therefore, cannot appeal. In the explanatory memorandum to the bill, the government also stated that this amendment would help women reach psychological maturity before marriage. The government also maintains that this reform is being introduced to prevent and reduce the incidence of teenage pregnancy, which causes diseases such as anaemia, among others.
The government also said the bill would address maternal mortality and malnutrition among girls. In addition, the government has indicated that there will be further changes in India`s marriage laws. Female students will become the most vulnerable group under the proposed legislation. Prabhleen Tuteja, program director of the YP Foundation and CAG for Pratigya Campaign, says arguments between a woman and her future in-laws over further education will increase. The social institution of marriage in India has existed for centuries and dates back to the Vedic period (around 1500 – circa 1100 BC). The modern concept of marriage has been associated with the union of families and the renaming of property, and is even considered a milestone in life in the Indian tradition as a whole. According to housing and furnishing data at the district level, nearly 48 per cent of married women aged 20-24 married 18 years ago in rural areas, compared to 29 per cent in urban areas. Over the past 15 years, child marriage has declined by 11%, an annual decline of less than one per cent. The annual health survey, conducted in 2011, showed a faster decline in nine countries studied. Despite a Supreme Court ruling mandating marriage registration, state governments have done little to implement the ruling.
Governments should develop a mechanism to ensure that all marriages (including civil, religious and customary unions), births and deaths are compulsorily registered through a system of monitoring marriages and age of marriage. In addition, action should be taken against those who allow and facilitate child marriage in rural areas. English common law applied in all jurisdictions in the United States, unless a state law replaced or modified it. In the United States, particularly in recent years, the general age of marriage has been revised downwards to between 18 and 21. [1] An article published in the Journal of Women, Politics & Policy on marriage legislation around the world showed that in Mozambique, the age at which brides and grooms can marry is the same at 18. Ironically, there are about 56% of child marriages (under the age of 18) in Mozambique, which is much higher than in India. This suggests that the mere introduction of a law that is equivalent to the minimum legal age of marriage does not necessarily show an increase in the improvement of the status of women and the achievement of the objectives enumerated by the government when it introduced this law. It is imperative that the government complement this legislation with various other frameworks and systems.
However, this does not mean that it is useless to introduce parity at the minimum age of marriage and will not bring results. It is crucial not to implement this law in isolation, but with other policies to achieve the objectives set out by the government. We need more policies and programs that connect girls and young women and their families, especially those from marginalized communities, to financial institutions, education, information, health (including sexual, reproductive and mental health) and nutrition services. Since the bill was proposed and approved by the Union cabinet, there have been several debates and discussions about whether raising the age of marriage for women was the right decision. Supporters of the law argue that it is important to raise the legal age of marriage for women, as they have to marry early due to poverty and illiteracy. But child and women`s rights activists, as well as population and family planning experts, are not in favor, calling it a “disaster for women.” They are confined to the household and are neither trained nor expected to enter the labour market. Thus, they are seen by families as a financial burden until marriage, and early marriage is not only in line with tradition, but is also more economically feasible. The risk of pregnancy outside marriage – which can jeopardize marriage prospects and make the girl a financial burden indefinitely – makes child marriage appear a solution, not a problem, even for many Indian communities. Although child marriage is illegal, it has broad social sanction.
This is shown by the recently released fifth series of the National Family Health Survey, which found that nearly one-quarter of women aged 20 to 24 were married 18 years ago. The decline is marginal compared to the last round of the survey, which was conducted in 2015-2016, despite the fact that the existing child marriage law has been in place for more than four decades.
