Opinion Under-age marriage: Policing no answer

The proposal can be faulted on two counts — one, that it does not focus on what really matters to ensure it; and that it ignores the harms of such legislation.

The minimum age of marriage has been 18 years since 1978. Clearly law by itself has not solved the problem. About 23% of girls in the 20 to 24 age group were married under the age of 18 as per NFHS 5 (2019-21) — a steep fall from 47% in NFHS 3 (2005-06) and 27% in NFHS 4 (2015-16). There is now substantial evidence that the two factors which led organically to this is access to secondary education for girls and reduction in poverty.

Girls with 12 or more years of education, marry on an average five years later than girls with no education. We have seen that disruption in both these — schooling of girls and access to livelihoods — during Covid led to early marriages.

Our experience show that girls drop out of schools for various reasons, such as unavailability of secondary schools, lack of separate toilets in schools, no facilities for menstrual hygiene, and sexual harassment, making travel unsafe.

Reasons for early marriages of girls in the case studies Oxfam India documented range from poverty and school drop-outs, to elopement or fear of elopement of girls, and boys’ families wanting free labour for household work. Patriarchal norms focused on a girl’s chastity, come together with poverty, lack of incentives for schooling and lack of income opportunities for girls, to make sure that marriage and unpaid care work are her only destiny.

NFHS 4 data shows that 63% of girls got married before the age of 21. This is the proportion of marriages which will be rendered illegal if the amendment were passed. Criminalising only ensures that the phenomenon of early marriages is driven underground, unless the causes are removed. It also puts a question mark on the rights married girls are entitled to, such as property rights, compensation, insurance, if they were to be widowed.

When 18-year-olds can vote, sign contracts, work, then why should they not decide when to marry? In fact, empowering the young with information, sexual health services, higher education and linkages to income can delay the age of marriage without any coercion. This has happened globally, with no change in the law.

Criminalisation of youth sexuality has already wreaked havoc in the lives of the young. Making all sex under the age of 18 years a crime only denies recognition of youth sexuality, contraception, maternal health care and safe abortion.

There is ample evidence that 10-12% of those below 18 in middle- and low-income countries are sexually active.

Similar to policing of youth sexuality, policing of under-age marriages is getting more and more aggressive. Parents are known to use laws such as the Prohibition of Child Marriage Act (PCMA), 2006, and Protection of Children from Sexual Offences (POCSO), 2012, to oppose self-chosen relationships of young people.

The current PCMA law prohibits a marriage under the age of 18, without making it void. However, state-level amendments in Karnataka and Haryana ensure that under-18 marriages become void right from the beginning. What happens to the rights of girls married under 18 in these states?

Increasing the age of marriage to 21 years appears to be one more step in this slippery slope.

The writer is Lead Specialist, Gender Justice, at Oxfam India