The Hindu : New Delhi News : Move to root out a social evil

Online edition of India's National Newspaper
Monday, Jul 19, 2004

New Delhi

New Delhi

Move to root out a social evil

By Our Staff Reporter

NEW DELHI, JULY 18. It was another reminder that for most kids in India, childhood is a luxury they just can't afford. An occasion to remember all the children who were forced into marriage, non-government organisations and activists came together here today to find a solution to this age-old social evil.

A two-day national consultation organised by the Human Rights Law Network, HAQ-Centre for Child Rights and India Alliance for Child Rights which began on Saturday aims at giving NGOs working in States in which child marriages are rampant -- Karnataka, Andhra Pradesh, Orissa, Uttar Pradesh, Jharkhand, Maharastra, Rajasthan, Bihar, and Chhattisgarh -- a platform to exchange ideas and experience, so that a legal route could be found.

"It goes without saying that there should be stress on education among young girls. The need for changing customs is also understood. But the fundamental question is whether there is need for a law? If the law is to be Child Marriages Restraint Act, does it need to be changed? If so, what sections are we looking at and if the courts need a guideline what will it be?'' asked Colin Gonsalves of Human Rights Law Network.

A practice that has not been abolished, child marriages are still alive and rampant in large parts of the country. According to Panjaka of the Campaign Against Child Labour (Karnataka), collective marriages are common in the northern belt of the State. "This year there were 1,001 marriages in which the top level Ministers as well as the police were present. It is difficult to stop this practice as there is no law to prevent it."

Talking about child marriage in Rajasthan, Kavita Srivastav of the People's Union of Civil Liberty said: "We have been working with this issue for the past 20 years in Rajasthan. It is interesting to note that the spotlight has now shifted to other States and the `andolan' started in Rajasthan. One point should be made clear is that we should not strengthen the hands of the police or the State with this law, as it will given them an excuse to beat up poor people. It is also important to stress that in the law though it is a cognisable offence, it needs a warrant from a court for police to take action. I think that the choice of a girl should also be included in the debate.''

While activists agreed that there was a need to bring out comprehensive changes in the legal framework, a lot still needs to be worked out in terms of what needs to be added into the law and how to bring in social customs that differ from State to State into this ambit.

As Bharati Ali from HAQ pointed out: "Children are also trafficked through marriages to be sold into slavery. We should look at child marriage as separate from adult marriages and we need to discuss whether the law against child marriage should include trafficking or we need a separate law."

It is estimated that about 57 per cent of women who get married in India are below 18 years of age; most of these girls are between 15 years and 19 years.

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