Desk Review
on
The Situation of Child Marriage in Kerala
Assigned by
Terre des Hommes Netherlands
February 2018
Acknowledgement
I am very thankful to Terre des Hommes Netherlands for giving me the opportunity to work on this research.
My journey about understanding the issue of child marriage in Kerala commenced with my interaction with Ms. Shobha Koshi, Chairperson, Kerala State Commission for Protection of Child Rights (KSCPCR). Ms. Koshi took out time from her busy schedule to give me a detailed picture of child marriage in Kerala. She also shared contact details of all the District Child Protection Officers (DCPO) and Child Development Project Officers (CDPO), the important organisations and academicians who are actively working on the concerned issue. Prof. M.P Antony, Member of KSCPCR and Ms. Arya Chandra Programme Officer of KSCPCR also extended their help.
I am extremely thankful to Dr. Anil Chandran S., Assistant Professor, Department of Demography, University of Kerala who readily shared his research data for the report. Smt. P.E.Usha, State Project Director of Kerala Mahila Samakhya has extended every possible help in building my understanding. Smt. Boby Joseph, also from Kerala Mahila Samakhya sent me documents for referencing. Dr. T. K Anandi, the Gender Advisor to Government of Kerala was most forthcoming in discussing the issue at length. I am extremely obliged to Mr. Sameer Machingal DCPO of Malappuram, Ms. Dr. Rajeshwari CDPO, Attappaddi, Mr. A.O. Abeen, Pathanamthitta DCPO, Joye James SJ. Chairman Child Welfare Committee, Trivandrum District and Mr Subair KK, DCPO of Trivandrum for giving me time and extending their help in every possible way. I am amazed by the commitment and dedication of each one of them.
Last but not the least, I am extremely grateful to Mr. K.P Sasi, the Film Director and Cartoonist. He was extremely kind in taking out his time to help me in every possible way- introducing me to various people who mattered, translating the Malayalam documents and discussing the issue that helped me in building the perspective.
CONTENT
● Introduction
● Child Marriage
● Legal Framework
o International o National
● Kerala
o State of Kerala and its People o Child Marriage in Kerala o Response to the Crisis o Policy Intervention o Case Studies ▪ Silver Lining in a Clouded Sky: the Case Study of Malappuram o Child Marriage within the Tribal Community in Kerala ▪ The Case Study of Attapadi Block, Pallakad District ▪ Case study of the Paniya tribe in the Wayanad District ▪ Impact of POCSO and the order of Supreme Court of India on the tribal community of Kerala o Conclusion
● Annexures: o Annexure 1: Kerala Child Marriage Prohibition Rules, 2008 o Annexure 2: The Official Memorandum issued by the Chief Judicial Magistrate, Manjeri, dated 09.03.2017 o Annexure 3: Kerala Government Order from Social Justice Department on Integrated Child Protection Scheme – Constitution of various Committees, dated 09.11.2012 o Annexure 4: Pictures of Training Sessions of Child Protection Units in the district of Malapurram o Annexure 5: Posters Against Child Marriage o Annexure 6: Handbook on Child Marriage
Abbreviations
ANM: Auxiliary Nurse Mid-wife
ASHA: Accredited Social Health Activist health worker
CDPO: Child Development Project Officer
CEDAW: The Convention on the Elimination of All Forms of Discrimination against Women
CEFM: Child, Early and Forced Marriage
CMPO: Child Marriage Prohibition Officer
CPU: Child Protection Unit
CRC: Convention on the Rights of the Child
CSO: Civil Society Organisation
CWC: Child Welfare Committee
DCPO: District Child Protection Officer
DCPUs: District Child Protection Units
DCWO: District Child Welfare Officer
DLHS: District-Level Health Survey
DMO: District Medical Officer
DVA: The Domestic Violence Act, 2005
HDI: Human Development Index
HDR: Human Development Report
ICDS: Integrated Child Development Scheme
ICPS: Integrated Child Protection Scheme
IPC: Indian Penal Code
ITPA: The Immoral Traffic (Prevention) Act, 1956
JJA: Juvenile Justice (Care and Protection of Children) Act, 2015
KCMPR: Kerala Child Marriage Prohibition Rules 2008
KSCPCR: Kerala State Commission for Protection of Child Rights
KSPC: Kerala State Child Policy 2016
LSGI: Local Self-Governing Institution
NFHS: National Family Health Survey
NGOs: Non-Governmental Organisations
NSPCM: The National Strategy for Prevention of Child Marriage, 2013
PCMA: Prohibition of Child Marriage Act, 2006
POCSO: The Protection of Children from Sexual Offences Act, 2012
RTE: The Right of Children to Free and Compulsory Education Act, 2009
SAIEVAC: South Asian Initiative to End Violence Against Children
SC: Supreme Court of India
SHO: Station House Officer
SDG: Sustainable Development Goal
UDHR: Universal Declaration of Human Rights
UNDP: United Nations Development Programme
UNICEF: The United Nations Children's Fund
UNGA: United Nations General Assembly
Introduction
Child marriage is a truly global problem that cuts across countries, cultures, religions and ethnicities. Child brides can be found in every region in the world, from the Middle East to Latin America, South Asia to Europe – Girls Not Brides1
According to the report “Improving Children’s Lives, Transforming the Future — 25 years of child rights in South Asia” by the United Nations Children's Fund (UNICEF)2, Child marriage is a human-rights violation and a key area for action. The factor that most of the victims of child marriage cannot or are not given the scope to fully and freely consent to marriage, makes it a violation of human rights3. Child marriage also leads to infringement of the right to protection, participation, education, health and the holistic development of the full potential of the victims of child marriage. Worldwide, almost 750 million women and girls alive today were married before their eighteenth birthday4.
Child marriage is against the fundamental premise of child rights universally. According to Article 6 of the Convention on the Rights of the Child, “Every child has the right to survival and development to the fullest extent possible”. Children at that age are still growing both psychologically and physiologically. All of them, irrespective of gender, are not ready to take the burdens of marriage physically or emotionally. The acts of sexual activities, in most instances are forced on them; leave behind deep scars both in their mind and body. In case of girl children, pregnancy and childbirth are huge traumas that their body and mind has to go through. It has adverse affects on their health, including death during childbirth. According to report of United Nations Population Fund, “in developing countries these are the main causes of death among 15–19 year-old girls”5.
Child brides are the worst affected amongst all. Since, they cannot choose to abstain from sex or insist on condom use, child brides are exposed to sexual violence and bondage, most often from their spouses. This exposes them to early pregnancy and sexually transmitted infections and diseases. Child marriage also has a complex relationship with human trafficking. Girls are sold off for the purpose of marriage, face abuse by their buyers and further sold off or trafficked. There are countless incidents where girl children are trafficked for commercial sexual exploitation and sold to brothels after marriage, forcing them into sex slavery for the rest of their lives. Married children also suffer separation from family and friends, face decreased educational opportunities, lack of freedom to interact with peers and a lack of livelihood opportunities. According to the report, “ The wellbeing, health and development of children today will have an impact on their children and the overall social and economic health of South Asia tomorrow6.
UNICEF’s Global Programme to Accelerate Action to End Child Marriage acknowledges that
1 Girls Not Brides is a global partnership of more than 800 civil society organisations committed to ending child marriage and enabling girls to fulfill their potential. https://www.girlsnotbrides.org/where-does-it-happen/ 2 “Improving Children’s Lives, Transforming the Future — 25 years of child rights in South Asia, Refer https://www.unicef.org/publications/files/Improving_Children_s_Lives_- _Transforming_the_Future_9_Sep_2014.pdf 3 According to Article 16 of Universal Declaration of Human Rights, Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Refer http://www.ichrp.org/en/article_16_udhr 4 UNFPA-UNICEF Global Programme to Accelerate Action to End Child Marriage, Progress Report 2016, June 2017, Refer https://www.unicef.org/protection/files/ChildMarriage-Global- DonorReport-v7.pdf 5 “Marrying too young. End child marriage”, United Nations Population Fund (UNFPA) 2012. Refer https://www.unfpa.org/sites/default/files/pub-pdf/MarryingTooYoung.pdf 6 Improving Children’s Lives, Transforming the Future, UNICEF, www.unicef.org/publications/files/Improving_Children_s_Lives__Transforming_the_Future_9_Sep_201 4.pdf
child marriage is a global problem, spanning continents and cultures. Worldwide, almost 750 million women and girls alive today were married before their eighteenth birthday. Recognizing that children are not able to fully and freely consent to marriage, child marriage is a violation of human rights, and puts girls at risk for early pregnancy and associated health dangers, dropping out of school and spousal violence. A growing body of research has investigated the drivers driving forces and causes of child marriage, identifying, among myriad factors, poverty, social practices, education and the rural/urban setting of where the child and the family resides are important to incidence rates of child marriage.
Various UN reports on child marriage mention that girls from poor families are more likely to get married before the age of 18 than their peers in richer families. In countries for which information is available, the largest difference between girls from the poorest and richest families is found in India (75 percent versus 16 percent).7 Girls in rural areas are also more likely than girls in towns to get married while still children themselves. In South Asia, 54 percent of women aged 20-24 living in rural areas were married before 18, compared to 29 percent in urban areas.8 India shows the biggest gap here – with 48 percent in rural areas compared to 29 percent in towns.9 Education plays a critical role in addressing child marriage. In India, girls with no education are 5.5 times more likely to marry or enter into union as those with at least 10 years of education (77 percent of women aged 20-24 who have no education are married by age 18 compared to only 14 percent of those who completed at least 10 years of education).10 The figures clearly show correlation between higher rates of child marriage and risk factors such as poverty, low levels of education, and place of residence (rural/urban or geographical area). Unequal gender norms value boys and men higher than girls and women, so families and communities invest less in girls’ education and development. Girls are seen as an economic burden. Families prefer to invest their resources in the education of their sons. Societies still believe that marriage secures a good future for the girls. The customs of bride price and dowry, commonly practiced amongst most communities, also leads to child marriage. The table given below shows the percentage of girl children married before they reached 15 and 18 years of age in 10 countries with the highest rates of child marriage.
7 UNICEF. 2010. “Progress for Children: Achieving the MDGs with Equity Number 9. www.unicef.org/publications/fi les/Progress_for_Children-No.9_EN_081710.pdf
8 UNFPA-UNICEF Global Programme to Accelerate Action to End Child Marriage, PROGRESS REPORT 2016, June 2017. Refer https://www.unicef.org/protection/files/ChildMarriage-Global- DonorReport-v7.pdf 9 District Level Household and Facility Survey 2007- 08, India 10 India National Family Health Survey 2005-2006
Source https://www.unicef.org/media/files/Child_Marriage_Report_7_17_LR..pdf
According to UNICEF Report, “Almost half of all girls in South Asia (46 percent) marry before the age of 18. One in five girls (18 percent) are married before the age of 15. These are the highest rates in the world. Moreover, of the global population of women aged 20-24 who married before age 18, more than one third live in South Asia: 24 million out of 68 million in 2010. The highest rate of child marriage is in Bangladesh (where two out of every three girls marry before age 18), followed by India, Nepal and Afghanistan. 4 percent of adolescent boys and 29 percent of adolescent girls (aged 15-19) are currently married or in union in South Asia. These figures confirm that child marriage is rooted in gender norms and in expectations about the value and roles of girls.”11 The table given below shows the percentage of women married or in union by the age of 18 in various countries in south Asia.
11 “Improving Children’s Lives, Transforming the Future — 25 years of child rights in South Asia, Refer https://www.unicef.org/publications/files/Improving_Children_s_Lives_- _Transforming_the_Future_9_Sep_2014.pdf
Source: UNICEF. 2014. “The State of the World’s Children 2014 in Numbers. Every Child Counts: Revealing disparities, advancing children’s rights”. www.unicef.org/sowc2014/numbers/, District Level Household and Facility Survey 2007-08, India Note: Data for 1989 is not available for most countries in South Asia.
The report further states that, “ Although the proportion of child brides, particularly of those under the age of 15, has decreased over the past 30 years, child marriage remains common and socially accepted throughout South Asia. Child marriage rates remain unacceptably high despite many joint efforts by governments, non-governmental organizations (NGOs) and UN agencies”. According to UNICEF, “if nothing changes, 130 million South Asian girls will marry or enter a union between 2010 and 2030”. This is close to 18,000 girls per day, according to UNFPA.
These persistently high rates of child marriage and the understanding of its nature as a human rights violation increased focus on the issue, leading to defined support to study and work to end child marriage by governments, multilateral organizations and civil society organizations (CSOs). In particular, the United Nations moved to adopt the elimination of child marriage as part of its gender equality goal within the 2030 Sustainable Development Goal (SDG) framework, under Target 5.3 on harmful practices. India is one of focus countries of this Programme12.
According to the UNICEF Report on State of the World's Children, 2017, India ranks 10th in the list of 20 countries with child marriage rate as high as 47%. Poverty stricken countries like Somalia, Nigeria and Nicaragua, who do not claim to be emerging super powers in the world, stands behind in the line with lesser rates of child marriage than that in India. To make the matter worse, India shamefully ranks 1st in the list of 20 countries with absolute numbers of child marriage. The number is 26,610,00013. It means that India has the highest number of
12 UNFPA-UNICEF Global Programme to Accelerate Action to End Child Marriage, PROGRESS REPORT 2016, June 2017. Refer https://www.unicef.org/protection/files/ChildMarriage-Global- DonorReport-v7.pdf 13 UNICEF, State of the World's Children, 2017, https://www.unicef.org/publications/files/SOWC_2017_ENG_WEB.pdf
child brides in the world.
Despite the fact that India is one of the fastest growing economies in the world (UNICEF, 2001), it ranks just above some of the poorest economies in the world (namely, Somalia, Nigeria) and its neighbouring nations (namely, Nepal, Sri Lanka and Pakistan) in terms of prevalence rate of child marriage. The Table given below explains it.
Source: Eliminating Child Marriage in India by Dr. Srinivas Goli, Published in December 2016 by Child Rights Focus, A knowledge initiative of ActionAid14
The position of India is even more terrible in terms of absolute number of child marriages. With more than 10 million child marriages as of 2013, it ranks 1st in the absolute number of child marriages, even above some of the world’s poorest countries like Nigeria and Niger; as well as above its neighbouring countries like Pakistan and Bangladesh. The Table given below explains the same.
14 https://www.researchgate.net/publication/314081705
Source: Eliminating Child Marriage in India by Dr. Srinivas Goli, Published in December 2016 by Child Rights Focus, A knowledge initiative of ActionAid15
Child Marriage in India
According to “Girls not Brides”, India has the highest number of child brides in the world. It is estimated that 27% of girls in India are married before their 18th birthday.16 While fewer Indian girls are marrying before the age of 15, rates of marriage have increased for girls between ages 15 to 18. Almost half of all child brides worldwide live in South Asia; 1 in 3 are in India17.
In India, although boys are also subjected to early marriage, girls are excessively affected and form the vast majority of the victims of child marriages as per UNICEF report of 2012. 18
Across the world, the percentage of currently married women aged 20–24 years who married before the age of 18 is used to indicate the incidence of child marriage (UNICEF, 2012). In India, such data from three rounds of the National Family Health Survey (NFHS) (1992–1993, 1998–1999, and 2005–2006) portrays a declining trend in child marriage, although the rate of decline has been slow, at less than 1 percentage point per year (IIPS, 2015). Still, according to the 2005–2006 NFHS data, the proportion of women married before they were 18 years old continued to be large, at 47.4 percent—or almost one in two women—a decrease of 6.8 percentage points, from 54.2 percent in 1992–1993. However, the 2007–2008 District-Level
15 Ibid 16 ttps://www.girlsnotbrides.org/child-marriage/india/ 17 Ending Child Marriage, Progress and Prospects, UNICEF, 2014 https://www.unicef.org/media/files/Child_Marriage_Report_7_17_LR..pdf 18 Eliminating Child Marriage in India: Progress and Prospects, by Dr. Srinivas Goli, Published in December 2016 by Child Rights Focus, A knowledge initiative of ActionAid, Refer https://www.researchgate.net/publication/314081705
Health Survey (DLHS) presented a slightly different data. According to that, the percentage of women (aged 20–24 years) married before they were 18 is 42.9 percent. Based on the three- round NFHS trend, a linear projection for 2011 estimated incidence at 41.7 percent19. According to NFHS – 4, 2015-16, 47.4% of women aged 20-24 years were married before 18 years and 16% of women of age 15-19 years were already mothers or pregnant at the time of the survey20.
The report “Improving Children’s Lives, Transforming the Future — 25 years of child rights in South Asia” by UNICEF, analyses the progress made over the last quarter century on key issues that directly affect the lives of children in the region. According to this report, India had the highest number of unregistered children under age five between 2000 and 2012 and the second-highest number of child marriages. In India, 43 per cent of women aged 20-24 were first married by the age of 18 between 2005-2013. Girls with no education are 5.5 times more likely to marry or enter into union as those with at least 10 years of education. According to the report, 46% of South Asian girls marry by 18. Almost half of all girls in South Asia marry before the age of 18. One in five girls are married before the age of 15. These are the highest rates in the world. “These figures confirm that child marriage is rooted in gender norms and in expectations about the value and roles of girls,” the report added21. Proportion of women 20- 24 years old who gave birth before age 18 is 22%22.
The last Census Report of India done in 2011 revealed that child marriage is rampant, with almost one in every three married woman having been wed while she was still under the age of 18 years. The legal age for marriage is 18 for women and 21 for men as per Prohibition of Child Marriage Act, 2006 (PCMA). But, as per Census 2011 data, an alarming 30.2% of all married women (or 10.3 crores of girl children) were married before they had turned 18. In a silver lining of sorts, the trend seems to be on the decline since 2001. As per Census 2001 data, 43.5% of all married women had been married while they were under the age of 18 years23. Although child marriage is declining, the rate of decline is slow.
The evolution of social and cultural practices can be traced to the history of the communities. Various beliefs and systems within a society play a pivotal role in defining and sustaining social practices. The practice of child marriage in the subcontinent, including India, can be traced back to many centuries. The issue is bonded to deep-rooted social norms and behaviours laced with deprivation of all kinds and violence. The patriarchal notion of low value of girls is the factor behind their limited access to education.
According to The National Strategy for Prevention of Child Marriage (NSPCM):
“ The main drivers of early marriage are cultural factors, social practices and economic pressures interacting with poverty and inequality drive children into marriage. Thus, the issue of child marriage is steeped in several multi-dimensional social, economic, cultural and community related aspects, while several legislative and programmatic frameworks have been designed to prevent child marriage, their implementation needs further strengthening and a fresh understanding”.24
The NSPCM acknowledges that early marriage contributes to intergenerational cycle of poverty25. The practice denies a child the basic right to good health, nutrition and education.
19 Addressing Early and Child Marriage in India: A Participatory Study on Mapping Outcomes, An AJWS–TISS Initiative, First Published: 2016, https://ajws.org/wpcontent/uploads/2017/07/ECM24Jan2017-reduced.pdf 20 National Family Health Survey -4, http://rchiips.org/NFHS/factsheet_NFHS-4.shtml 21 India has second-highest number of child marriages: Unicef, The Hindu, http://www.thehindu.com/news/international/south-asia/India-has-second-highest-number-of-child- marriages-Unicef/article11131187.ece 22 https://data.unicef.org/country/ind/# 23 30% women married under age 18, Written by Sagnik Chowdhury | New Delhi | Updated: May 31, 2016 7:13 am, http://indianexpress.com/article/explained/child-marriage-women-india-census-data- 2011-2826398/ 24 The National Strategy for Prevention of Child Marriage, 2013 25 National Strategy Document on Prevention of Child Marriage, 2013, Ministry of Women and Child
Marriage at an inappropriate age, before children are physically, mentally and emotionally ready, robs them of their normal childhood. It deprives them of their basic human rights such as right to education and related better opportunities in the future, right to life with dignity and protection against exploitation and abuse of all kinds and right to health that they rightfully deserve and are entitled to. For both girls and boys, marriage has a strong physical, intellectual, psychological and emotional impact, cutting off chances of personal growth26. The exponents of child rights strongly argue that Right to Protection of children against all forms of exploitation and abuses is at the core of any child rights discussion and interlinked with the basic rights of the children. The debates and discussions on child marriage are no different. Child marriage is nothing but an abuse and exploitation of child sexually that leaves everlasting severe scars on their lives. That in turn shows impact on education, development and health, which are the basic rights of children.
It also recognises that majority of the children who are married prematurely, are exposed to early and frequent sexual relations, often violent and against their consent. Domestic violence goes hand in hand with child marriage. Child marriage provides a potent backdrop, where women feel powerless because of lack access to vital resources and decision-making powers. Evidence suggests that young brides are more likely to be exposed to violence due to the limited power of negotiations. These children, especially girls are exposed to repeated pregnancies and childbirth, at an age when their bodies are not biologically matured enough to bear the strain of childbirth. They end up with reproductive health complications. Psychologically they are pushed into lifelong servitude.
According to UNICEF India report, there are many causes of child marriage in India and multiple barriers to its elimination. Poverty, weak enforcement of laws, patriarchal social norms intended to ensure family honour are significant factors that increase the risk of girl being married off while still a child. Also, girls from poor households are more likely to marry as children, since marriage becomes a solution to reduce the size of the family. The cost of marriage plays a big role in families sliding further into poverty, and these high costs contribute to girls being forced to marry when other ceremonies are taking place in the family or when older siblings are being married27.
The same report states that while regional disparities exist, child marriage has significantly decreased from 47 percent (2006) to 27 percent (2016)28. The child marriage rates in India in 2016 projected by UNICEF shows that the percentage married by 15 years is 18% and the percentage married by 18 years is 47%. As per the above-mentioned figure, while fewer Indian girls are marrying before the age of 15, rates of marriage have increased for girls between ages 15 to 18. The demands for young brides are increasing all over the country, including a state like Kerala that stands 1st in the Human Development Index (HDI)29.
Child marriage can be seen across the country but it is far higher in rural than in urban areas. Girls from poorer families, scheduled castes and tribes, and with lower education levels are more likely to marry at a younger age. Evidence shows that child marriage make girls more vulnerable to violence, abuse and exploitation. Both girls and boys are affected by child marriage, but girls are affected in much larger numbers and with greater intensity. In a
Development, Govt. of India, p.1. Was referred from Child Marriage in India: Achievements, Gaps and Challenges Response to Questions for OHCHR Report on Preventing Child, Early and Forced Marriages for Twenty-sixth Session of the Human Rights Council, Submission by: HAQ: Centre for Child Rights. 26 The National Strategy for Prevention of Child Marriage, 2013 27 Report of UNICEF, India, http://unicef.in/Whatwedo/30/Child-Marriage 28 Ibid 29 The HDI is a measure for assessing progress in three basic dimensions of human development: a long and healthy life, access to knowledge, and access to a decent standard of living. According to Human Development Report (HDR) 2016 released by the United Nations Development Programme (UNDP) India’s human development index (HDI) value stands at 0.624. India features in the “Medium Human Development” category alongside countries such as Congo, Namibia and Pakistan. It is ranked third among the SAARC countries, behind Sri Lanka (73) and the Maldives (105), both of which figure in the “high human development” category.
patriarchal society, young brides have most often do not have access to contraception and reproductive health services. Therefore their use of the same becomes limited. While boys are affected by child marriage, this is an issue that impacts upon girls in far larger numbers and with more intensity30.
Child marriages have major health impacts. In the words of Malappuram District Medical Officer (DMO), Dr K Sakeena, “In most child marriage cases, girls get pregnant within a year. But, first of all, these children are not mentally prepared to be mothers. Besides that, early pregnancies can also cause physical issues. Their reproductive system would not be properly developed, and there is a greater risk to their health.” She goes on to explain that such deliveries can result in a number of complications to both mother and child. “Low birth weight, complications during pregnancy and delivery, health problems due to adverse perinatal outcomes (stillbirth, neonatal death, pre-term deliveries, and other complications) such as maternal infections, maternal disorders like hypertension and diabetes, fetal growth restriction and congenital abnormalities, and later stage health problems like spine and back problems can occur. Such pregnancies can also affect the brain and physique of the child. For a healthy child to be born, the mother should be mature and mentally and physically healthy to have a child,” she explains31.
Legal Framework
International
There have been a range of laws and legal frameworks, both nationally and internationally, through which attempts have been made to exterminate the harmful practice of child marriage. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), for example, covers the right to protection from child marriage in Article 16, which states: “The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage….” The right to ‘free and full’ consent to marriage is recognized in the Universal Declaration of Human Rights (UDHR), which says that consent cannot be ‘free and full’ when one of the parties involved is not sufficiently mature to make an informed decision about a life partner. Although child marriage is not mentioned directly in the Convention on the Rights of the Child (CRC), child marriage is linked to other rights – such as the right to freedom of expression, the right to protection from all forms of abuse, and the right to be protected from harmful traditional practices – and is frequently addressed by the Committee on the Rights of the Child. The other important international agreements related to child marriage are Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages32.
India has ratified CRC in 1992 (signed and accepted to follow and make laws and policies in the country accordingly) considers child marriage as a human rights violation. While Government of India has signed CRC, India is still not a signatory to the Convention on Consent to Marriage, Minimum Age for Marriage and Registration for Marriages, which came into force in December 1964. Article 1, 2 & 3 lay down the requirements that the countries need to ensure and fulfill. The requirements are: 1. The parties entering the marriage must give their consent. The consent has to be “full and free” in nature, meaning that both the parties agree for the marriage completely and in their own free will (not under any duress). 2. The countries will enact necessary laws specifying minimum age of marriage and disallow marriages below the specified minimum age. A competent authority in
30 Child Marriage-UNICEF Information fact sheet, http://unicef.in/Whatwedo/30/Child-Marriage
31 Child brides of Malappuram: Why Kerala's most populous district marries off its girls so young, by Haritha JohnFollow @HarithaJohn1 & Megha VarierFollow @varier_megha, 29th September 2017, https://www.thenewsminute.com/article/child-brides-malappuram-why-keralas-most-populous- district-marries-its-girls-so-young-69200 32 Child marriage is a violation of human rights, but is all too common, UNICEF Data, update December 2017, https://data.unicef.org/topic/child-protection/child-marriage/#
exceptional circumstances can grant exception. 3. All marriages will need to be registered. The competent authority will maintain an official register for the same.
In December 2016, the United Nations General Assembly (UNGA) adopted a second resolution on Child, Early and Forced Marriage (CEFM) at its 71st session33. The resolution was co- sponsored by Canada and Zambia, with sponsorship from more than 100 Member States. India too is now a party to it. This imposes a liability on the nation state to take up necessary measures to fulfill the objectives. India is also a member of the South Asian Initiative to End Violence Against Children (SAIEVAC), which adopted a regional action plan to end child marriage. The regional action plan is to be implemented in 2015 – 2018. India is one of 12 countries selected to be part of The United Nations Population Fund (UNFPA) and UNICEF’s Global Programme to Accelerate Action to End Child Marriage.
National
In India, the Prohibition of Child Marriage Act, 2006 (PCMA) makes it illegal for girls to marry under 18 years and for boys less than 21 years. PCMA received Presidential assent on 10th January 2007 and came into force on 1st November 2007. The PCMA is a secular legislation applicable to people belonging to all religions irrespective of any contrary provision in any personal law. The PCMA was enacted with the following objectives34-
● To prohibit solemnization of child marriages. ● To declare child marriage as voidable at the option of the contracting party, who was a child at the time of the marriage. ● To make provision to pay maintenance to the minor girl who is party to the marriage until her remarriage. ● To make provisions for custody and maintenance of the children born out of child marriages. ● To provide that all children born out of child marriages are legitimate. ● To vest powers in the district court to make changes to the order relating to maintenance or residence of a female party or the custody or maintenance of children. ● To make provisions to declare a child marriage void under certain circumstances. ● To empower the Courts to issue injunctions prohibiting solemnization of marriages in contravention of the provisions of the Act ● To make offences under the Act cognizable for all purposes including investigation and related processes. ● To make it a non-cognizable and non-bailable offence. ● To make provisions for appointment of Child Marriage Prohibition Officers.
The important authorities identified for prohibiting child marriage under the PCMA are the following:
• Child Marriage Prohibition Officers (CMPO), who are deemed to be public servants. The State Government may through official notification grant them the power to act as the Police with certain conditions and limitations. • District Magistrate - The District Collector (Magistrate) and CMPO are responsible for sensitization and awareness creation in the community. They are also responsible to record any information/complain about child marriage planned or solemnized. • Police, though there is no mention of involvement of Police in the PCMA. But since the act of solemnization of child marriage is a cognizable and non-bailable offence, Police is involved • District Courts o "District Court" means the Family Courts, in such areas where the Family Courts
33 http://www.girlsnotbrides.org/un-general-assembly-adopts-2nd-resolution-child-early-forced-marriage/ 34 The Handbook on Prohibition of Child Marriage Act 2006, Compiled and Published jointly by the Ministry of Women and Child Development, Government of India with support from UNICEF, India Country Office. It has been developed by HAQ: Centre for Child Rights, New Delhi, for the Ministry of Women and Child Development. Refer to http://haqcrc.org/publication/handbook-prohibition-child-marriage-act-2006/
exists, o In any area where there is no Family Court but a city civil court exists, that court and o In any other area, the principal civil court of original jurisdiction and includes any other civil court which are specified by the State Government • First Class Judicial Magistrates or Metropolitan Magistrate - A First Class Judicial Magistrate is empowered to take suo moto cognisance of any reliable report of information of child marriage. • Any person(s) called upon by the State Government to assist the Child Marriage Prohibition Officer. These could include - a respectable member of the locality with a record of social service, officer of the Gram Panchayat or Municipality, officer of the government or public sector undertaking, office bearer of any non-governmental organisation. • Child Welfare Committees formed under JJA
The role of the Child Marriage Prohibition Officer (CMPO), the Police, the District Magistrate/District Collector and Members of Gram Panchayats is specified in the Act. The other government functionaries whose assistance can be sought include: • Government appointed local school teachers • Child Development Project Officers (CDPO) of Integrated Child Development Scheme • District Child Protection Officers (DCPO) of Integrated Child Protection Scheme • District Child Welfare Officers (DCWO) • Members of Child Welfare Committees (CWC) • Auxiliary Nurse Mid-wife (ANM) • Anganwadi workers • Accredited Social Health Activist (ASHA)-health workers
While the PCMA governs child marriage in India, the legal system also takes into account the various personal laws related to the various religious communities in the country that also deal with the issue of child marriage. Each personal law has its own yardstick for determining the marriageable age. There are inconsistencies between the personal laws, which makes the existence of the secular law of PCMA all the more important to fight the evil of child marriage in the country. Various High courts have expressed the view that PCMA will have an overriding effect on all the personal laws since it is passed by the Parliament which is the highest law making body in the country.
A Writ Petition was filed, where PCMA was challenged saying that it was against the religious rights guaranteed under Article 25 and 29 of the Constitution of India. However, the court did not accept the allegation. The court said that - in fact, the same is in favour of all the girl children in getting proper education and empowerment and equal status as that of men in the society, as guaranteed under Articles 14, 15, 16 and 21 of the Constitution. Therefore, the writ petition is liable to be dismissed as not legally sustainable35.
Other laws that may provide protection to a child bride include the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJA), the Domestic Violence Act, 2005 (DVA), the Protection of Children from Sexual Offences Act, 2012 (POCSO), the Right of Children to Free and Compulsory Education Act (RTE Act), the Immoral Traffic (Prevention) Act, 1956 (ITPA) and Indian Penal Code (IPC). Also, the Dowry Prohibition Act, 1961 can be used to protect the children.
Under PCMA child marriages are not void-ab-initio, which means invalid from the very beginning. A child marriage becomes invalid from the very beginning only in certain cases as given in Section 12 of PCMA. It says that a child marriage will be considered to be void ab initio where the child has been forcefully taken away from the legal guardian for the purpose of marriage. The force can be through enticement, deceit or by selling and trafficking of the child. Such marriage can also be declared/considered to be void in cases where based on a petition filed before it a court had passed an injunction before the solemnization of marriage and that injunction was violated. Otherwise, all child marriages are voidable in nature under the PCMA. It means that the contracting party has the option to approach a District Court to annul or
35 5 Circulate To All Judicial ... vs State Of Gujarat & on 23 September, 2015, R/CR.MA/8290/2015
nullify the marriage within two years of reaching majority. Therefore, a girl and a boy can exercise this option till they attain the age of 20 and 23, respectively. Child marriage is a punishable offence with a fine up to INR 100,000, or up to two years of imprisonment, or both. It is a non-cognizable and non-bailable offence.
While the PCMA only talks of the status of such marriage, ITPA and IPC provide for penalty for using children or minors for such purposes. JJA declares that “any child who is at imminent risk of marriage before attaining the age of marriage” is a child in need of care and protection.
In case a child marriage is detected or someone wants to file a complain against any such occurrence, the person can inform to the Child Welfare Committee (CWC) set up under JJA or any member of CWC. Since victims of child marriage are considered to be children in need of care and protection, the CMPO has been empowered to produce such children before the CWC or a First Class Judicial Magistrate, where there is no Child Welfare Committee36. If the marriage is currently taking place and the child is at risk of being forced, threatened or enticed into child marriage, or if there is a risk to the child’s life, the CMPO has to provide immediate protection and aid to the child by producing the child before the CWC or before the First Class Magistrate where there is no CWC. In that respect, CWC forms a very important part of the support system to combat child marriages and provide protection to the children.
The Ministry of Women and Child Development, Government of India is the nodal agency to coordinate and implement various strategies to combat child marriages. It has developed a convergent national strategy and is currently drafting a plan of action on child marriage to guide all states in the implementation of strategies to prevent the problem. The National Plan of Action for Children 2016 flowing from National Policy for Children 2013 therefore stands as the country’s practical expression of commitment to national progress37. This is a declaration of foundational investment. The policy aims at setting out goals, strategies and actions for the coming years. It declares that the Government is carrying forward its dedicated effort to ensure a safe, dignified and fruitful life for all children. Key components of the strategy and draft action plan include: law enforcement, quality education and other opportunities, changing mindsets and social norms, empowering adolescents, producing and sharing knowledge and data, and monitoring.
UNICEF is working alongside the Government of India in its efforts to prevent child marriage, including the implementation of the convergent national strategy, which includes:
• Law enforcement: Capacity-building on laws, support mechanisms such as a child marriage telephone hotline. • Girls’ empowerment: Life skills, protection skills. • Community mobilization: Working with influential leaders, oaths and pledges, counselling, folk and traditional media. • Promoting convergence of sectors at all levels, in particular with education and social protection schemes and programmes38.
The Central and various state governments, recognising the need for a multi pronged approach, have also launched many schemes and programmes to either prevent or respond to the cases of child marriage. Most of the programs that are available in our country broadly fall into the following categories: ● Education for girls ● Economic opportunities and financial incentives ● Improving nutrition and health status of adolescent girls
There has been a range of strategies, both preventive and responsive, adopted by the state and central governments to curb the practice of child marriage. These include educational
36 Section 31 of Juvenile Justice (Care and Protection of Children) Act, 2015 37 National Plan of Action 2016, http://wcd.nic.in/sites/default/files/National%20Plan%20of%20Action%202016.pdf 38 UNICEF Country Report, http://unicef.in/Whatwedo/30/Child-Marriage
support particularly to girls, financial support including cash transfers to families having girl children, marriage assistance to motivate the parents to delay the marriages of young children, and counseling and guidance schemes that are aimed at generating awareness among parents, families and communities.
The available central schemes are: ● Dhanalakshmi Pilot Scheme on Conditional Cash Transfers and the Apni beti apna dhun programme, ● Kishori Shakti Yojana for adolescents’ empowerment programmes and awareness- raising to induce behavioural changes. ● Balika Samridhi Yojana ● Rajiv Gandhi Empowerment of Adolescent Girl Scheme- SABLA ● Crèche services provided through the Integrated Child Development Scheme (ICDS) ● Integrated Child Protection Scheme (ICPS) ● Rajiv Gandhi National Crèche Scheme ● Nutrition Programme for Adolescent ● National Programme for Education of Girls at Elementary Level. ● Sukanya Samriddhi Yojana
The State governments and its machinery are primarily responsible for ending child marriage. It has an obligation by law to protect girls - whether in preventing her from being pushed out of school, providing support to stop child marriage, providing her with healthcare, food and nutritional security, saving her from gender discrimination, violence and sexual abuse. In not reaching out to her, the state denies girls of their entitlements, which are guaranteed by the Constitution of India, through laws and policies.
Kerala
State of Kerala and its People
Kerala has always been on the top of the development graph in the country. It is a state that has not allowed its tiny geographical size and relatively lesser population to prevent it from development. The State of Kerala, located between North latitudes 8°18’ and 12° 48’ and East longitudes 74° 52’ and 77° 22’, at the South-West coast of the Indian peninsula, has an area of 38,863 sq km and a population of 3,34,06061 persons consisting of 1,60,27,412 males and 1,73,78,649 females39. In terms of the size of population, although Kerala is larger than some countries of the world, considering the overall geographical size and population strength of India, it is a relatively small state. It occupies just 1.27% of land area and 3.1% of population of India. The most populated district in Kerala is Malappuram (Population 41,12,920) and the least populated district is Wayanad (Population 8,17,420). Among the states of India, Kerala stands at 12th position in terms of population.
Kerala has the lowest positive population growth rate in India. The decadal rate of growth of population in Kerala during 2001-2011 has been worked out as 4.91% compared to 9.43% during 1991-2001. At 0.712 in 2015, Kerala continues to stand highest in the Human Development Index. It also has the highest literacy rate in the country, 94% in the 2011 Census; the highest life expectancy, 77 years; and the highest sex ratio, 1,084 women per 1,000 men. It is important to note that the gap in literacy rate among males and females has reduced from 6.52% in 2001 to 4.04% in 2011.
Human Development Index map for Indian states in 2006, as calculated by Government of India and UNDP India40.
39 Based on the Executive Summary of 2011 Census 40 "Gendering Human Development Indices". Ministry of Women and Child Development, Government of India with UNDP India. March 2009. http://www.in.undp.org/content/dam/india/docs/gendering_human_development_indices_summary_rep ort.pdf
The Child population in Kerala according to Census 2011 is 34,72,955. In absolute numbers, Malappuram district is reported to have the highest population (5,74,041) and Wayanad district with a child population of 92,324 is having the lowest number of children. The growth rate of child population at the state level is -8.44%. Except Malappuram, in all other districts the child population is declining.
For the second year running, Kerala has maintained its positions as the state with the best governance in the country, according to the 2017 Public Affairs Index (PAI)41.
With so many feathers in the cap, it was a shock when Census 2011 figures showed that there was an increase in the number of child marriages in the state compared to the Census data of 2001. As per Census data 2011, there are 23,183 married girls below the age of 15 years in the State. This is more in comparison to the Census Data of 2001. In the initial year of 1992– 93, the percentage of child marriage in Kerala was 37.9 per cent, which declined moderately during 1998– 99 to 30.2 per cent. During the year 2005–06, the prevalence of child marriage in Kerala came down to 15.6 per cent but unexpectedly rose to 23.3 per cent in the year 2011–12.42
Not only that, the record of Crime in India 2015 and 2016 by the National Crime Records Bureau also reveals a very disturbing data. The National Crime Records of 2015 revealed that in Kerala a total of 461 cases were registered under the Protection of Women from Domestic Violence Act during 2015. Maximum cases under this Act were reported in Bihar followed by Kerala43.
In 2016, Uttar Pradesh accounted for 9.5% of total IPC crime reported in the country followed by Madhya Pradesh (8.9%), Maharashtra (8.8%) and Kerala (8.7%). Delhi UT reported the highest crime rate (974.9) under IPC crimes followed by Kerala (727.6) against national average of 233.644. Crime in India 2016 shows that crime against women has gone up over the years in Kerala: in 2014 it was 11451, in 2015 it was 9767 and in 2016 it went up to 1003445. 60% of the rape victims in Kerala are girls below the age of 18 years. One may argue that in Kerala, unlike many other states, because people are more literate and conscious, the number of cases reported is high in number. It pushes up the rank of the state in the rating. It might be true, but that does not dismiss the concern that crime rate is increasing in the state, especially against women and children.
Taking the matter of increasing incidences of crime against women and children seriously, the Kerala Government in June 2017 carved out a separate Department for the welfare of women and children from the Social Welfare Department46. According to a Facebook post by Chief Minister Pinarayi Vijayan, the new department is meant to ensure equal justice to women and security to them from gender bias and attacks. The State Women's Commission, State Commission for Protection of Child Rights, Gender Park, Nirbhaya Project, Sisukshema Samithi,
41 Kerala, TN best-governed states in India, Karnataka drops two places to 5: Report shows Kerala, TN are the top-ranked states in governance for the second year running, Luke Koshi, Saturday, May 13, 2017. https://www.thenewsminute.com/article/kerala-tn-best-governed-states-india-karnataka- drops-two-places-5-report-61951 42 Eliminating Child Marriage in India: Progress and Prospects, by Dr. Srinivas Goli, Published in December 2016 by Child Rights Focus, A knowledge initiative of ActionAid, Refer https://www.researchgate.net/publication/314081705 43 Crime in India 2015, National Crime Records Bureau, Page 27, 44 Refer to Table – 1A.1, Crime in India 2016, http://ncrb.gov.in/StatPublications/CII/CII2016/pdfs/NEWPDFs/Crime%20in%20India%20- %202016%20Complete%20PDF%20291117.pdf 45 Refer to Table No. TABLE 3A.1, Crime against Women (IPC + SLL) - 2014-2016, Crime in India 2016, http://ncrb.gov.in/StatPublications/CII/CII2016/pdfs/NEWPDFs/Crime%20in%20India%20- %202016%20Complete%20PDF%20291117.pdf 46 Kerala government sets up new department for women and children, TNN | Jun 29, 2017, 08:31 IST, https://timesofindia.indiatimes.com/city/thiruvananthapuram/kerela-government-sets-up- new-dept-for-women-and-children/articleshow/59362416.cms
Angakawadi Welfare Fund Board and Shelter Homes has since then been functioning under the new department.
Child Marriage in Kerala
Going by the data of the State Crime Records Bureau, child marriage cases are on the rise in the state. Till November 2017, 17 cases were registered under the Prohibition of Child Marriage Act whereas the number was eight in 2016 and 13 in 2015. As per the data (provisional) published on the official website of the Kerala Police, 19 cases were registered in 2014, 11 in 2013 and six in 2012. At least 108 child marriages have been stopped in Malappuram according to the Childline data47.
According to the 2011 census, there are 23,183 married girls below the age of 15 in the state (0.604 per cent). The health of as many as 10,175 children born to these child brides is a matter of concern. Census 2011 figures also show that over 2 lakh boys and girls below the age of 19 are married in the state. Of this, 3,300 have been widowed before 19; and 2,758 have been either separated or divorced before 19. The districts that exceeded the state average in child marriages are Pathanamthitta (0.808 pc), Alappuzha (0.735 pc), Thiruvananthapuram (0.730 pc), Kollam (0.667 pc) and Kannur (0.665 pc). While Malappuram had a 0.594 per cent incidence, Thrissur had the lowest figure of 0.493 per cent.
Table 1 & 2 given below shows the comparative picture of females marrying below 18 years in India and in Kerala in 2001 and 2011 & percentage of females married before the age of 18 respectively. The comparison is made based on the Census Data of 2001 and 201148.
Table 1
47 Number of child marriages in Kerala on the rise, Deccan Chronicle, T Sudheesh, Published Jan 20, 2018, https://www.deccanchronicle.com/nation/in-other-news/200118/number-of-child-marriages-in- kerala-on-the-rise.html 48 Referred from Undoing Development? Declining female age at Marriage in Kerala by Dr. Anil Chandran S., Assistant Professor, Department of Demography, University of Kerala. It is referred from the presentation he made in The XV Annual Conference of IASSH, 16-19 November 2017.
Table 2
That child marriages were more rampant than what was thought to be the actual figure became evident when the UDF government issued a circular in 2013 directing local bodies to register marriages of girls below the age of 18. In just about 10 days, local bodies across the state received nearly 51,000 applications for registration of marriages involving girls below 18 years. Most were from Malappuram and Palakkad districts.
Response to the Crisis
Press report and statements from government departments claim that the government has reacted to the rampant incidence of child marriages across the State. The Social Justice Department has set a target for itself: to eradicate the regressive social custom of child marriages in the state in two years, by the end of 201949. As a first step, the Department has made it mandatory for all Child Development Project Officers (CDPOs) to keep a record of efforts made to check such marriages within their jurisdiction. Based on the Kerala Child Marriage Prohibition Rules, 2008, the CDPOs are the Conveners of the Block level Child Protection Committee. The District Child Protection Officers (DCPOs) are the Conveners of the District level Child Protection Committee. Though the CDPOs are part of the ICDS Programme and the DCPOs are from the ICPS, they work in unison. The bid has been to strengthen Child Protection Units (CPUs) in all districts and to empower Child Marriage Prohibition Officers (CMPOs) in all blocks statewide. All over Kerala, CDPOs are working as CMPOs. No separate CMPOs in Kerala. CMPOs duty has been assigned to the CDPOs50.
Official sources said that more authority and responsibilities are being given to the District
49 Kerala: No child marriages by 2019, Deccan Chronicle, Published Jan 26, 2017, https://www.deccanchronicle.com/nation/current-affairs/260117/kerala-no-child-marriages-by- 2019.html 50 Refer to Annexure 1: Kerala Child Marriage Prohibition Rules, 2008
Child Protection Units (DCPUs). The CMPOs had been given full powers to intervene and take action in cases of child marriage. According to Rule 3(2) of the Kerala Child Marriage Prohibition Rules, 2008, in addition to the duties and functions assigned to a CMPO under Clauses (a) to (g) of sub-section 3 of Section 16 of PCMA, it shall be the duty of every CMPO to act immediately upon any information of solemnization of marriage. The information received can be from any source and in any form, including a letter, telephone call, telegram, email, whatsapp message or even a mere hearsay. The most important is that the CMPO must immediately initiate the necessary action. According to Rule 6(3) Kerala Child Marriage Prohibition Rules, 2008, for conducting any such enquiry or investigation, the CMPO will have the powers that has been given to a Police officer under the Criminal Procedure Code, 1973. The CMPO can summon the parties and witnesses and also record statements.
The duty of CMPO also includes furnishing quarterly returns and statistics to the Chief Child Marriage Protection Officer.51 CMPOs file petition for annulling a child marriage in District Court in cases where the petitioner is a minor. CMPOs are responsible to file petitions before the District Court for paying of maintenance to the female contracting parties of the marriage until her remarriage, for custody and maintenance of children born out of child marriage.
Rule 5 states that the District Collector would be the Nodal Officer at the District Level for the purpose of implementation of PCMA.
The Union Government’s Integrated Child Protection Scheme (ICPS)52, which works in association with the Social Justice Department, has also allotted funds for residential training module for CMPOs across the State. “We have given the CMPOs full powers to prevent child marriages. The special training will be a part of empowering them to do their jobs more effectively,” said A.S. Ganesh Kumar, the ICPS’s State programme manager53. The image given below shows the number of CMPOs in each district and their powers54.
51 This has to be furnished in Form 1 as per Rule 3 (2) (b) of the Kerala Child Marriage Prohibition Rules, 2008 given in Annexure 1 52 Integrated Child Protection Scheme (ICPS) for Child in Need of Care and Protection & Child in Conflict with Law: In order to reach out to all children, in particular to those in difficult circumstances, it is proposed to combine the existing child protection schemes under one comprehensive child protection programme and integrate intervention for protecting children. The target groups includes: child in need of care and protection as defined under J.J. Act 2000, child in conflict with law, vulnerable child including child from at risk families, migrant families, families in extreme poverty, children affected by HIV/AIDS, orphans, child drug abusers, child beggars, sexually exploited children, children of prisoners, street and working children, etc. ICPS is based on the cardinal principles of “protection of child rights” and “best interests of the child”. It aims to create a protective environment for children by improving regulatory frameworks, strengthening structures and professional capacities at national, state and district levels so as to cover all child protection issues and provide child friendly services at all levels. The Ministry of Women and Child Development (MWCD) proposed to combine its existing child protection schemes under one centrally sponsored scheme titled “Integrated Child Protection Scheme (ICPS)”. ICPS brings together multiple vertical schemes under one comprehensive child protection programme and integrates interventions for protecting children and preventing harm. It does not see child protection as the exclusive responsibility of the MWCD but stresses that other sectors have vital roles to play. The Ministry looks at child protection holistically and seeks to rationalize programs for creating a strong protective environment for children, diversify and institutionalize essential services for children, mobilize inter-sectorial response for strengthening child protection and set standards for care and services. Referred from http://www.keralawomen.gov.in/index.php/articles/160-integrated-child-protection- scheme-icps
53 CMPOs to be empowered, Abdul Latheef Naha, March 28, 2016, The Hindu, http://www.thehindu.com/news/national/kerala/s-to-be-empowered/article7621298.ece 54 The image is taken from the above reporting.
CDPOs, who are also working as CMPOs, have been ordered to initiate strict penal proceedings against parents pushing girls below 18 years into marriage. They are being trained to respond effectively in three situations: one, when a child marriage is about to take pace in a society; two, when a child marriage is taking place; and three, when a child marriage has already taken place. Anganwadi workers have been asked to provide details of child marriages being planned within the catchment area of their respective anganwadi. All actions taken either to prevent the marriage or take the parents to task should be meticulously recorded.
"The two-year deadline to eradicate child marriages is a reasonable deadline. If people's representatives and religious bodies are made part of the mission, it can be considered even easy," a top Social Justice official said. However, the official felt that more time would be required to rid coastal and tribal areas of the menace. "In such places, child marriage is inlaid in their culture. It is still not considered morally reprehensible. Intense awareness programmes are needed to pull the communities out of this custom," the official said55.
Kerala is a state where Kerala State Commission for Protection of Child Rights (KSCPCR) has been formed and working very proactively. Ms. Shobha Koshy, Chairperson of KSCPCR, expressed that the Census Data of 2011 showing increase in child marriage in the state is highly disturbing. She voiced the concern that there is no ready-made solution to stop the practice. It has to be a long-term concerted effort of many departments. Only then the practice can be completely eradicated. During the discussion Ms. Koshy, informed that the KSCPCR has started working into the issue. The patriarchal notion of low value of girls leads to their limited access to education. It also results in restricted freedom of movement and barring them from gaining economic independence that can counter their vulnerability. The concerted effort of many has started showing results. She said that preventing school dropouts, close monitoring and engaging with children in school and college, at least till the age of 18 has proved to be very beneficial. Talking about the dropout trend, she pointed out that, till the primary level, girls and boys are in equal numbers. In secondary level, the percentage of girls reduces. The percentage falls drastically in the high school.
She assured that the Commission was trying every possible action to reduce school dropout rates in association with bodies like Mahila Samakhya and Kudumbashree. She emphasised that, government needs to study the data closely and focus on the vulnerable areas, like the tribal belt in the state. The module cannot be the same for all communities and geographical areas. Based on the traditional practices and the changing cultural milieu, the interventions have to be packaged accordingly. The Commission has started “Samvadam” where the
55 Kerala: No child marriages by 2019, Deccan Chronicle, Published Jan 26, 2017, https://www.deccanchronicle.com/nation/current-affairs/260117/kerala-no-child-marriages-by- 2019.html
members of the Commission along with the respective DCPUs interact with the children, their parents and the teachers together.
In order to create an environment conducive to the growth and empowerment of adolescent girls, the State Social Justice Department has prepared an action plan which includes56:
• Providing nutritious food to ensure a healthy lifestyle • Developing social consciousness and cultivating the ability to take major life decisions • Training adolescent girls to gain proficiency in traditional occupations and family trades and • Providing training in specific areas such as home management and family welfare, childcare, nutrition, health and hygiene.
The Schemes implemented are:
• Rajiv Gandhi Scheme for Empowerment of Adolescent Girls [RGSEAG] - SABLA57 • Nutrition Programme for Adolescent Girls (NPAG)58 • Kishori Sakthi Yojana (KSY)59
56 Refer to http://www.sjd.kerala.gov.in/beneficiary-info.php?benef_sl=Ng== 57 Rajiv Gandhi Scheme for Empowerment of Adolescent Girls [RGSEAG] – SABLA is proposed by the Ministry for Adolescent Girls of 11 – 18 Years, whereby the Nutrition Programme for Adolescent Girls (NPAG) and Kishori Shakti Yojana (KSY) would be merged with content enrichment. The scheme is proposed to be implemented using the platform of Integrated Child Development Services Scheme.
The scheme aims at empowering adolescent girls (AGs) of 11-18 years with focus on out-of-school girls by improvement in their nutritional and health status and upgrading various skills like home skills, life skills and vocational skills. The scheme also aims at equipping the girls on family welfare, health hygiene etc. and information and guidance on existing public services along with aiming to mainstream out of school girls into formal or non-formal education. For the nutrition provision, 11-14 years out of school AGs and all girls of 15-18 years would be covered since Mid day meals do not cover 15-18 years girls. Refer http://www.sjd.kerala.gov.in/scheme-info.php?scheme_id=MTEy 58 Nutrition Programme for Adolescent Girls (NPAG) Refer http://www.sjd.kerala.gov.in/scheme- info.php?scheme_id=IDExMw== The programme aims to improve nutritional status, to create gender awareness and to provide supportive environment of self – development of adolescent girls. Scheme Type: Centrally sponsored scheme Funding Pattern: Implemented in Malappuram and Palakkad districts by National Nutrition Mission, Govt. of India. In the other districts the funds are provided by the state government. Beneficiaries: Adolescent girls (11-15 years) with body weight less than 30 kg and Adolescent girls (15- 19 years) with body weight less than 35 kg Benefits: Improvement of nutritional and health status of girls. Training and equipment of adolescent girls to upgrade home based vocational skills. 6 kg of free food grain (rice) per month per beneficiary. Promotion of health, hygiene, nutrition, family welfare, home management and childcare. Better understanding of their environment related social issues and its impact on their lives. Improvement of knowledge for decisions – making capabilities. Eligibility criteria: Adolescent girls (11-19) who are registered their names in an Anganwadi Centres irrespective of financial status of the family to which they belong. How to Avail: Through Anganwadi Centres
59 Kishori Sakthi Yojana (KSY), Refer http://www.sjd.kerala.gov.in/scheme- info.php?scheme_id=IDExNA== During adolescence, girls need proper nutrition, care and guidance. They also need exposure to more opportunities and ways of improving their self-esteem and decision-making capabilities. The aim of the Kishori Sakthi Yojana (KSY) is creating general awareness among adolescent girls about health, nutrition, family life, personal identity and skill development. Adolescent girls are future mothers and investing in their welfare is crucial in promoting maternal and child health. Adolescent girls’ clubs have been formed in every Anganwadi in the ICDS network and an effort is made to ensure all adolescent girls become its members. These clubs meet at least once a month and have elected leaders. The KSY is a Central Government-sponsored scheme and Rs. 1.10 lakh is sanctioned for each if its projects. Health and family life education: Various topics related to reproductive health, personal hygiene,
• Psychosocial Counselling for Adolescent Girls in Schools60 • Integrated Child Protection Scheme ( 60% CSS)61 nutrition, and child care are dealt with each month during adolescent girls’ club meetings. Health staff, ICDS functionaries and experts in the field of nutrition handle these classes. Yoga and self-defense techniques are also taught. Charter meetings: Topics like reproductive health, pregnancy, child birth, contraceptive, sexually transmitted diseases, HIV and AIDs are handled by experts at these meetings held at the panchayat level once every three months. Education module: A compact module has been prepared for the health, nutrition, life skills and family life education of adolescent girls. This is done with the help of experts in each of the fields. Teenage clinics: A half-day clinic for adolescent girls is to be arranged at the nearest primary health centre in association with the charter meetings where the services of a female gynecologist and a counselor will be available. Leadership training: Leadership training is being given to the presidents and secretaries of each adolescent girls’ club. Career guidance: Studies show that very few girls from the lower socioeconomic strata pursue higher education. More often they prefer, or are made to prefer, getting married. Proper career guidance at an early stage, which makes girls more aware of their career options and choices, can help change this situation. Providing sports kits: Adolescent girls have very few opportunities to get involved in sports activities because sports equipment in schools is usually only used by boys. Providing sports kits to adolescent girls’ clubs will not only improve the physical health of members but also cultivate a team spirit among them and improve their social skills. Each sports kit will have, for instance, a bicycle, badminton net, carom board, and the like. 60 Psychosocial Counselling for Adolescent Girls in Schools Refer http://www.sjd.kerala.gov.in/scheme-info.php?scheme_id=IDExNQ== From 2008-09 onwards in the State the Kishori Shakti Yojana has been redesigned for addressing the various issues such as physical and psycho-social needs of adolescent school girls. School Health clinic/counseling programme was launched by the Directorate of Social Justice and is being implemented in 163 selected schools where more girls are studying under 163 ICDS project area through ICDS network. The service of a full time expert and qualified lady counselor is engaged for providing counseling/guidance support to Adolescent school girls. The plan is to extend it to many other schools in the state. 61 Integrated Child Protection Scheme ( 60% Centrally Sponsored Scheme) Refer http://www.sjd.kerala.gov.in/scheme-info.php?scheme_id=IDQz Also refer to Footnote 52. The strength of the State lies in a healthy, protected, educated and well-developed child population that will grow up to be productive citizens. Child rights are universal, inherent, inalienable and indivisible. Integrated Child Protection Scheme (ICPS) is integrally linked to every other right of the child. It comprises of several structures like: 1. State Child Protection Society 2. District Child Protection Unit 3. Child Welfare Committee 4. Juvenile Justice Board 5. Care Institutions for children as per JJ Act 2000 6. State Adoption Resource Agency
The activities of Special Adoption Agency, Shelter Homes and Open Shelters and Child line also come under ICPS. NGO Participation is envisaged under the following component activities: 1. Special Adoption Agency (SAA) 2. Shelter Homes and Open Shelters 3. Child line
In order to reach out to children, in particular to those in difficult circumstances, the Integrated Child Protection Scheme provides support system for: a) children in need of care and protection (CNCP) b) children in conflict with law(CCL) c) children from at- risk families d)children of socially excluded groups like migrant workers e) children of families living in extreme destitution f) Children affected by HIV/AIDs g) Orphans h) Children of substance abuses
Ms. Koshy gave example of Malappuram district as a district that has started showing positive results. While child marriage occurrence continues to be high in the Malappuram district, the overall growth pattern shows a decreasing rate in the district. According to her, this has been possible because of the strong coordinated and combined effort of many departments of the government of Kerala. It includes Department of Social Welfare, Women and Child, Health, Education and Police Department. The Anganwadi workers, the Asha workers and the members of the Integrated Child Development Scheme (ICDS)62 and ICPS are playing proactive role in addressing the issue of child marriage.
Child marriages are also found more intense in tribal pockets. In such areas, traditional and customary practices of the communities allow the girls and boys to cohabit, once they reach puberty. These cohabitations are not always marriage in the legal sense but leads to issues like, school dropouts, early pregnancy, child mortality and also failing health of the young girls who get pregnant and have children. Young adolescent children, especially girls become vulnerable to sexual exploitation. There have also been instances of the adolescent tribal girls getting trafficked under the guise of cohabitation and marriage. Most of these communities are unaware about the relevant laws. It makes them more vulnerable to exploitation and also increases the chances of misuse and violation of law. However, it is important to keep in mind the factor that tribal population in the state is only 1.45% of the total population. Therefore, any increase or decrease in child marriage amongst them is unlikely to tilt the overall equation/percentage for the entire state.
Ms. Koshy pointed out that many have projected that religion plays a very important role when it comes to child marriage. According to her, it is not a correct projection. Parents from all religion carry the concern that their children, especially the girl child, will end up choosing and getting married to undesirable partners once they become 18. Being major, they would ask for their right to choose their partners. Most parents retort by making the girls marry before they turned 18.
A comparative analysis of the Census Data of 2001 and 2011 show that the Hindu and Christian population in the state had the maximum increase in child marriage. The rate of increase amongst the Hindus and the Christians is as high as 40.3% and 43.3% respectively. The overall rates amongst both these communities slightly fluctuate on the basis of the rural and urban backdrop. However, the rate of increase is considerably high compared to the Muslim community, who are often accused of perpetuating the practice of child marriage in the state. Dr. Anil Chandran S., Assistant Professor, Department of Demography, University of Kerala pointed out that till 2000, it was true that there was high proportion of child marriages within the Muslim Community in the state. But, the equation has changed in the last one decade. With the expansion of education within the Muslim community, these oppressive social i) Trafficked or sexually exploited children j) Children of prisoners k) Street children and child labourers 62 The Integrated Child Development Services/Scheme (ICDS) was launched in 1975 with the following objectives: ● To improve the nutritional and health status of children in the age-group 0-6 years; ● To lay the foundation for proper psychological, physical and social development of the child; ● To reduce the incidence of mortality, morbidity, malnutrition and school dropout; ● To achieve effective co-ordination of policy and implementation amongst the various departments to promote child development; and ● To enhance the capability of the mother to look after the normal health and nutritional needs of the child through proper nutrition and health education. The ICDS team comprises the Anganwadi Workers, Anganwadi Helpers, Supervisors, Child Development Project Officers (CDPOs) and District Programme Officers (DPOs). Anganwadi Worker, a lady selected from the local community, is a community based frontline honorary worker of the ICDS Programme. She is also an agent of social change, mobilizing community support for better care of young children, girls and women. Besides, the medical officers, Auxiliary Nurse Midwife (ANM) and Accredited Social Health Activist (ASHA) form a team with the ICDS functionaries to achieve convergence of different services. Referred from http://swd.kerala.gov.in/service- info.php?service_category_sl=Mw==
practices are gradually being questioned and stopped. He also pointed out that, though it is always claimed that the problem of child marriage is more in Northern Kerala, the statistical data show that it is more prevalent in Southern Kerala. Table 363 given below shows the actual figures.
Table 3
The above figures are also indicative of the impacts of transformation that the society is undergoing. Expanding consumerism and the changing socio-cultural milieu within all communities, especially in cities and towns, are impacting child marriage practices in the state.
The land use pattern has changed drastically in the last one decade in the state of Kerala. With the proliferation of service sector, like tourism, unorganised work in the service sector has increased tremendously. Agrarian community is gradually becoming few. People, who were previously part of the agrarian community, are now moving to the towns and cities in search of employment. Due to these changes, the employment pattern of women in Kerala is fast altering. Most women, especially from the middle and lower middle class, are opting for work in the service sector. The increasing migration from villages to the cities and larger towns is changing the demographic pattern and social fabric. Social interactions are reducing. The same is happening to the family/social safety net.
Nuclear families are increasing and so are divorces. In cities, most households have either both parents or the single parent work fulltime. With parents professionally engaged in their respective work, time spent with children is decreasing. There have been cases reported in the Child Rights Commission, where children from such conditions have got into emotional and physical relationships, ending in marriages. All of them have said that they were searching for love. For example in Kollam, most people, belonging to all religion, are economically sound. The cases reported show that educated girls from well to do families are falling in love with uneducated boys and eloping with them. In most cases they get married secretly and also get pregnant. To avoid “undesirable situations” the parents are prompting the girls to get married as soon as they attain puberty. It has also been noticed that the “gulf money” earned by the father or the elder brother is used for getting the girl child in the family married off as soon as possible. The raising crime rate in the state, especially against women and children has a direct correlation to the practice of parents giving away the girls into marriage as soon as they attain puberty. Most of them are concerned about the safety of their young adolescent girls.
63 Referred from Undoing Development? Declining female age at Marriage in Kerala by Dr. Anil Chandran S., Assistant Professor, Department of Demography, University of Kerala. It is referred from the presentation he made in The XV Annual Conference of IASSH, 16-19 November 2017.
Marriage is being used as a security blanket against the rising cases of sexual abuse of minor girls. The patriarchal notion that “every woman needs to be protected by men” dominates the action of child marriage. The matrimonial columns and sites are corroboration of this trend.
Globalization and urbanization creates an “other strata” within a society. These people are especially vulnerable to all kind of exploitation and abuses. All these changes have a direct falling on the security of the children, especially girl children. The picture in Kerala is no different. The instances of abuses are increasing. In the emerging situation, child marriage is being considered a panacea to provide protection to the girl children.
Marriage itself has become a huge industry in the state. With advertisements and media projections of marriage being a “fairytale”, young girls in the age group of 16-18 are increasingly showing interest to experience the “fairytale event”, even if it lasted only for a few hours or days. In most cases, they do not know or think it is immaterial to take it into consideration the fact that once the big bash gets over and the mundane life starts. This calls for counseling. There has to be close interaction, coordination and follow-up between the teachers, school counselors, parents, children and the child protection officers.
Policy Intervention
The Kerala Government framed the Kerala State Child Policy 2016 (KSPC), to ensure safe and secure environment for all children, especially for the vulnerable children, opportunity for development, prevention & protection from all forms of violence. It was developed with inputs from the Kerala State Commission for Protection of Child Rights and in participation and consultation with the civic society. KSPC has four components:
● Right to Survival ● Right to Protection ● Right to Development ● Right to Participation
Accepting that child marriage is once again showing its dangerous fangs in the state, KSCP states that, “An area of concern in the country with reference to children is the problem of child marriage. While this may not be perceived as serious an issue in Kerala as in other parts of the country, there are pockets in the state, including in tribal areas, where are this practice continues to exist with social sanction. Recent figures, which show a very marginal increase in numbers, are a wake up call to intensify the efforts to increase awareness levels about the ill effects and illegality of this practice. It’s link with the drop out/out of school issue in certain pockets is a matter that needs to be addressed in a comprehensive manner, tackling all stake holders, including those who help in formalising these arrangements that are against the law of the land”64. It mentions, “The girl child is the most vulnerable member of the society… The challenges, which render them vulnerable, even within the family environment, need to be addressed.”65 Child marriage is one such practice that is perpetuated by the family and social practices. Hence, it increases the vulnerability of children, especially girl children within the age group of 14-18 years, within the family environment. It surely calls for special attention.
In the state’s response to the issue of Right to Development in relation to child marriage, the KPSC mentions that the state needs to “Develop a strategy to ensure that all out of school children such as child labourers, migrant children, trafficked children, children of migrant labourers, children of forest dwellers, street children, child victims of alcohol and substance abuse, children in areas of civil unrest, orphans, children with disability (mental and physical), children with chronic ailments, married children, children of sex workers, children of prisoners etc., are tracked, rescued, rehabilitated and have access to their right to education66.
64 Point 47 of Kerala State Child Policy 2016, https://kerala.gov.in/documents/10180/42fec73d- 69ad-4922-9309-a408c31f7b16 65 Point 42 of Kerala State Child Policy 2016, Ibid 66 Table 2: Right to Development, State Response in this Direction, Kerala State Child Policy 2016, Ibid
On Right to Protection from Abuse, Explanation and Neglect, the KSPC lays down, "Protect children from all forms of violence and abuse, harm, neglect, stigma, discrimination, deprivation, exploitation including economic and sexual exploitation, abandonment, separation, abduction, sale or trafficking for any purpose or in any form, pornography, alcohol and substance abuse, or any other activity that takes undue advantage of them or harms their personhood or effects their development by implementing appropriate programmes to create better awareness, for counseling and mentoring those displaying deviant behaviour, by creating mechanisms for monitoring vulnerable families and areas at local level, and by taking strict and prompt action when such incidents are reported”. Also, “Ensure effective and prompt action against those indulging in child begging, child marriage, child labour etc., which constitutes forms of abuse and exploitation.”67
Talking about policy implementation, KSCP adds, “Policy implementation will be closely coordinated with the Integrated Child Protection Scheme (ICPS) launched by the Ministry of Women and Child Development, Government of India, for which the Department of Social Justice is the key implementing agency. Currently, this involves the Local Self Governing Institutions (LSGIs), the DCPUs, as well as Childline , Mahila Samakhya and Kudumbashree and other accredited Non-Governmental Organisations (NGOs) that lend support for providing care and protection. Both vertical and horizontal linkages will be strengthened to ensure convergence in service provision”68.
Case Studies
Silver Lining in a Clouded Sky: the Case Study of Malappuram
Malappuram is time again referred as the district that is responsible for pushing the child marriage graph upwards in the state of Kerala. According to the data from the 2011 Census, the district of Malappuram records the highest number of child marriages in Kerala. The Census recorded a total of 23,183 married girls below the age of 15 years in the state who were married. Among these, the highest number of 3,615 cases was recorded in Malappuram. Data provided by the Malappuram District Child Protection Unit shows that the organisation stopped 72 child marriages in 2016. In 2017, the data says, 181 cases were reported.
While Malappuram scores highest in terms of absolute numbers, reports say that the district falls below the state average in percentage terms. While the highest number of married girls below the age of 15 is still highest in the Malappuram district, the rate of increase in the last few years is as low 0.3%, compared to Kollam, which is 78.3%, and Kottayam 65.3%.
Advocate Haris Panjily, a member of the Child Welfare Committee (CWC), explains that a wide variety of reasons account for Malappuram’s high child marriage numbers. Importantly, while Malappuram scores highest in terms of absolute numbers, reports say that the district falls below the state average in percentage terms. The practice continues to thrive due to a complex set of reasons including patriarchal traditions, poverty, education patterns, dowry and lack of awareness. "In the patriarchal society we live in, girl children are always considered a burden, someone who will eventually go to live in a different family. For many parents, getting the burden off their shoulders is what they achieve through early marriages," says Haris69.
For many Malappuram families, the fact that a majority of men migrate to Gulf nations for employment also has a significant impact. Most of the young men in the district stop their education after the high school level, opting to migrate at as young an age as possible. Even many young men who enroll for higher studies often drop out. In such a scenario, says Haris, parents of girl children not only consider it unnecessary, but even counterproductive to
67 Table 3: Right to Development, State Response in this Direction, Kerala State Child Policy 2016, Ibid 68 Point 59 of Kerala State Child Policy 2016, Ibid 69 Child brides of Malappuram: Why Kerala's most populous district marries off its girls so young, by Haritha JohnFollow @HarithaJohn1 & Megha VarierFollow @varier_megha, 29th September 2017, https://www.thenewsminute.com/article/child-brides-malappuram-why-keralas-most-populous- district-marries-its-girls-so-young-69200
educate them further. When it comes to alliances, he explains, it becomes a problem, if girls are more highly educated than the prospective grooms. In cases where girls are married off just under the age of 18, he adds, the limited time off that men can get from their jobs also plays a role in rushing through underage marriages. "In most cases, the girl's father and the groom will be settled in the Gulf, and both of them will have to go back once their leave is over. So, even if there is a month of two for the girl to turn 18, the families go ahead with the wedding," he explains.
Often, child marriages come with the promise that the groom's family will continue the girl's education, but this seldom happens. In most cases, grooms’ families go back on their word after the wedding, or the girl drops out of college in a few months, when she becomes pregnant70.
Sameer Machingal, the DCPO, points to the statistical data that shows that Malappuram is also the most populous district in the state. The population ranges to around 44 lakhs, with 16 lakhs of children below 18 years old. He admits that the district of Malappuram has been afflicted by the practice of child marriage. It is also true that the practice is most rampant amongst the Muslim community. However, the ray of hope is that things are changing. A lot of transformation has happened in the last few years. Hailing from the local Muslim community, Sameer stands by it. According to him, people in the district are thinking differently. What Sameer says is corroborated by the analysis of Census Data done by Dr. Anil Chandran of the Department of Demography, University of Kerala. Table 471 given below, shows that the rate of increase of child marriage in the district has dipped considerably.
Table: 4
Since 2014, a silent but extremely resilient social transformation has been unfolded that is challenging the evil practise from all ends. The people who are leading the social movement are the members of the Department of Social Welfare, Department of Women and Child, Department of Police, Department of Health, Department of Education with the active participation of the members of the LSGIs.
Sameer, DCPO, informed about the multipronged approach being used to build awareness on child marriage in the district. The objective is to fight against the age-old practice of child
70 Ibid 71 Referred from Undoing Development? Declining female age at Marriage in Kerala by Dr. Anil Chandran S., Assistant Professor, Department of Demography, University of Kerala. It is referred from the presentation he made in The XV Annual Conference of IASSH, 16-19 November 2017.
marriage existent within the community and completely eradicate it. The practice continues to thrive due to a complex set of reasons including patriarchal traditions, poverty, education patterns, and lack of awareness, says Haris.
In the words of Anwar Karakkadan, Malappuram Childline Coordinator "Let's say the number of reported cases has increased in the last couple of years. With the coming of the Prohibition of Child Marriage Act (in 2016), the law has been strict and so too the law enforcement.”72
Starting in 2014, when the ICPS was introduced, the first step taken was that of conducting capacity building workshops with the CDPO and CMPOs about their role73. The following were discussed with the participants: ● The projections of the Census data and its implications. ● The provisions of the PCMA and the Kerala Child Marriage Prohibition Rules, 200874 ● The important role of the CMPOs in curbing the problem of child marriage. ● Section 13 of PCMA75. This section makes the roles of CMPOs very important. Under this section the CMPOs on receiving information of child marriage can approach a Judicial Magistrate of the first class or a Metropolitan Magistrate for an injunction against the solemnization of such marriage. Section 13 is applied in cases where the marriage is yet to be solemnized.
In Malappuram district there are 29 CMPOs. The DCPOs are basically District Probation Officers. On deputation they serve as DCPOs and work at the district level. The CDPOs are working block wise. There are 15 blocks in the district. In one or two blocks there are only one CDPO. But since the coming of the Kerala Child Marriage Prohibition Rules, 2008, all CDPOs have to also take the charge of the CMPOs. Most of the CMPOs were not aware of their roles and so these workshops worked as a catalyst.
The CMPOs, upon receiving the information of child marriage through any system and medium, conduct field studies and prepare reports based on the findings. They also fill up Form II & III given in Kerala Child Marriage Prohibition Rules, 2008. Form II is about Child Marriage Information Report and Form III is about Report of Child Marriage Prohibition Officer. These reports are very important to get the injunction from the court. Upon submission of the report to the Judicial Magistrate of the 1st Class or a Metropolitan Magistrate, the court passes an order of Interim Injunction without even hearing the opposite party. This is of utmost importance because in most cases very less time is available to take action. The interim injunction order is sent to the concerned family members through the local police. The CMPO has to make a detailed report to document all evidences available. Some Magistrates ask for “Action Taken Report” also. CMPOs are trained about the procedures to be followed.
Before 2014, the CMPOs only undertook home visits upon receiving of information of child marriage. The usual practise was that, upon being questioned by the CMPOs, the family of the concerned child submitted a letter in plain white paper declaring that no such child marriage was being performed. However, soon after the CMPOs left the house, they continued with the marriage ceremony. Those letters were not accepted by court of law as valid affidavits. Hence, the DCPU decided to alter the modus operandi in 2014. According to Sameer, they started using Section 13 more aggressively76. This resulted in increase in vigilance by the CMPOs in the region.
Whenever any such injunction order is passed, it is published in the local newspapers for
72 As quoted in Child brides of Malappuram: Why Kerala's most populous district marries off its girls so young, by Haritha JohnFollow @HarithaJohn1 & Megha VarierFollow @varier_megha, 29th September 2017, https://www.thenewsminute.com/article/child-brides-malappuram-why-keralas- most-populous-district-marries-its-girls-so-young-69200 73 All over Kerala CDPOs are working as CMPOs. No separate CMPOs in Kerala. CMPOs duty has been assigned to the CDPOs as per the Kerala Child Marriage Prohibition Rules, 2008. 74 Given as Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 75 Section 13 of PCMA talks about “Power of court to issue injunction prohibiting child marriages”. 76 As per Section 13 of PCMA if any person disobeys an injunction order prohibiting child marriage, the person can be charged with rigorous imprisonment upto two years and fine of 1 Lakh rupees.
information of all. The name of the child and that of the family is not given, but the area they belong to is mentioned. This has also worked as an antidote to child marriage. When people read about it in the newspaper two things happens – people become more watchful and also they become more cautious and scared of arranging child marriage.
The DCPO of Manjeri had written to the Chief Judicial Magistrate that, “there is undue delay in issuing orders with regard to the prohibition of child marriages by some of the Magistrates in the district.” This works as a stumbling block in dealing with the child marriage cases, where time is of essence. Delay in taking action effectively means the marriage is solemnized. To help the CMPOs and other child protection officers perform their task without impediments, the Chief Judicial Magistrate, Manjeri issued an Official Memorandum, dated 09.03.2017. It stated “ All Magistrates in the district are directed to have a pro-active role in prohibiting child marriage by issuing urgent and timely orders in this regard. It is further directed that Magistrate shall also take follow-up in this matter by calling for action taken reports from the concerned authority, such as CMPO, SHO of concerned Police Station”77. The official Memorandum was sent to the Magistrates in the district and to all the DCPOs. This has helped immensely. The time consumed in the court process in getting interim injunctions has reduced. It has also increased the alertness and efficiency of the CMPOs and Station House Officers (SHOs) in the Police Stations, as they have to report back to the court about the actions taken.
Courts, when approached, always ask for the age verification of the child. They ask for proof to establish that the child is underage. Multiple techniques have been adopted to quickly access the proof of age for the children involved in child marriage: ● Kerala has a very strong and effective Anganwadi system. Every Anganwadi has been asked to maintain records of every child born within its’ jurisdiction. Collecting such data was initiated to plan for schemes like Sabla Scheme for all adolescent girls in the area. The same data is now also used to prove the age of the child in case of child marriages. ● In Kerala every child born has to be registered with the LSGI. Every available data since 1980 has been digitized. ● Every local school has been directed to maintain proof of age of the children enrolled. ● Whenever the family members claim that the concerned child, who is being married off, is of legal age of marriage, they are asked to furnish school leaving certificates as proof of age. ● The CMPOs ask for Aadhar Card of the concerned child to verify age.
So, whenever, the need to prove the age of any child being forced to or involved in child marriage comes up, the CDPOs and CMPOs in Malappuram district avail these data banks for support.
As per the Kerala Government Order from Social Justice Department on ICPS – Constitution of various Committees, dated 09.11.201278, there are child protection committees at every level – State, district, block level and at the panchayat level. During common meetings it is agreed that mutual support would be provided to each other.
The District Child Protection Committee provides training to the members of the child protection committee at the block level79. It includes the Block Panchayat President who is the Chairperson of the Committee, and other members. The elected members of the panchayat at the Block Panchayat level and Gram Panchayat level are also given regular trainings on child marriage, the larger and wider implications of it and the available legal frameworks.
The CDPOs are required to submit detailed reports every month. The District level Child Protection Committees, the Block Level Child Protection committees and the Panchayats level child protection committees meet every three months and take a stock of the situation in the
77 Refer to the Annexure no 2: Chief Judicial Magistrate, Manjeri issued an Official Memorandum, dated 09.03.2017 78 Refer to the Annexure no. 3 - Kerala Government Order from Social Justice Department on Integrated Child Protection Scheme – Constitution of various Committees, dated 09.11.2012 79 Refer to the Annexure no. 4 – Pictures of training sessions
district. The report of the same is sent to every Local Self Governing Institutions (LSGIs) in the district to make them aware about the situation at the ground. The report also gives them glimpses of the good practices that have helped in containing the practice of child marriage from other parts of the district. "At the local level, we are empowering elected representatives and are choosing representatives of communities and educating them. This is so that they can work on the ground, interact with families and convince them against child marriages. When people from their own neighbourhood and community advise them against it, it has a larger possibility of being effective," Sameer says.
Edarikode Grama Panchayath was the first panchayat to respond proactively to the call against child marriages. Panchayat president Haneefa Thaikadan’s initiative has won him the support of all mahal presidents, secretaries and khateebs who have vowed to prevent under-aged weddings. Nilambur municipal chairman Aryadan Shoukath too has been campaigning against child marriages.
In its earlier profile as a panchayat, Nilambur had implemented several nationally acclaimed social intervention programmes, such as “Jyothirgamaya,” which focussed on adult literacy, and “Oppathinoppam” on the integrated development of students belonging to the Scheduled Castes and the Scheduled Tribes. The report from Sahila Samakhya, Kerala tells us another story of Nilambur Panchayat. In 2008-2009, Kerala Mahila Samakhya and Nilambur Panchayat had jointly initiated a Programme called “ Non-Dowry Village Campaign Programme”80. The initiative included people from all walks of life, namely the religious leaders, local youth, representatives of Kudumbashree and members of ICDS. 80% of the women in the municipality had given dowry. Many of them had experienced violence related to dowry. According to these women, they were forced into early marriage, in most cases as minors, because of dowry. While the bridegroom’s family was interested to usurp the things and money received in dowry, the bride’s family wanted to do away with their responsibility at the earliest. They carried the fear that if the girl became older and more educated, they would need to shell out more in dowry. So young girls, as soon as they reached puberty, were forced into marriage. In most cases the girls were in the age bracket of 12-16 years. While dowry was the main inspiration of marriage, gradually it also became the main factor for divorce. More number of marriages meant, more dowries to the bridegroom’s family. The Programme launched together by Mahila Samakya, Kerala and Nilambur Panchayat influenced the local community and brought in many changes. One direct influence was on child marriage in the area. The occurrences of child marriage dropped down considerably.
In 2011, Nilambur municipality carried out a new experiment in the field of education, taking off from its earlier social intervention programmes. The programme, “Sadgamaya,” aimed at the overall development of students from Class VIII to XIIth, with emphasis on protection of child rights and elimination of disparities based on gender, religion, caste, class, and colour. The programme envisioned a child-friendly environment in schools and various other institutions, including the family. It also aimed at equipping children in preventing social evils such as child marriages, suicides, and child abuse, including sexual abuse. The Programme included teachers, parents, and municipal councilors as the core group to usher in the required impact. According to Mr. Shoukhat the Municipal Chairman, the programme had multiple angles - preventive, educative, and protective modules, keeping in mind the social profile of Nilambur. The preventive aspects focused on setting up a school supportive system to prevent dropouts, a peer educational supportive system, and a community network system, including home visits. “Child protection units and a vigilance committee was formed to prevent child marriages and sexual abuse and to nurture the physical and mental health of students. The educative aspects emphasised on enhancement of life skills,” Mr. Shoukhat said. Looking back today, he emphasizes that the programme made tremendous impact within the local community. It made them question their lives and traditional practices differently and introduce necessary changes. One of the important changes noticed has been about the pattern in child marriage. It has reduced considerably in the area.
Religious centres have often played a significant role in the past, with Mahallu committees (administrative committees in mosques) themselves facilitating child marriages. They often
80 The Annual Report of Mahila Samakhya, 2008-09
maintain a separate registry for such marriages so that inspecting officials cannot find cases of child marriage, says one official with the Childline81. "However, we are now seeing a positive change here. We have reached out to Mahallu committees and have given them awareness on the matter. Nowadays, the committees themselves convince parents not to marry off their minor daughters and inform us in case a marriage is taking place," the official says. Sameer explains that with Malappuram having a dominant Muslim population, majority of the child marriage cases in the district are from the Muslim community. However, this does not mean that the practice is prevalent only among Muslim families. One of the strategies adopted by the District Child Protection Unit has been holding awareness meetings Block-wise in regular intervals with the religious leaders (from all religions). It includes educational teachers from Madrasas. They are told about impacts of child marriage in details. They are also told about the prosecution measures and the penalty attached to the violation. The sessions held by the CDPOs and CMPOs with the religious leaders is primarily meant to inform them about the provision of the Act. The Act states that any person who helps the crime is liable to be prosecuted. They are informed about the fact that presiding over any child marriage or registering them by issuing Nikahnama, amounts to assisting the act of child marriage and therefore is a punishable act. Regular interaction and follow-up with the religious leaders have started showing results. While talking to the Joint Secretary of a Mosque Committee in a small town in Malapuram district, I was informed that most mosques have started putting up posters and billboards inside the mosques about the ill effects of child marriage. People are asked to refrain from performing child marriages in their families. During the prayer meetings the mosques are heard spreading the message of the harmful effects of child marriage. Most mosques are asking for age proof before solemnizing marriages and issuing of the Nikahnama. They are refusing to issue Nikahnama unless the age proof shows that both the parties to the marriage are not minors.
According to Sameer, “Media has played a very important role”. They have supported the social movement against child marriage in various ways. “People who attend child marriages can be penalized” – this provision of the law has been used by the Media very effectively. In March-April 2017, the CMPOs acted upon the information received from the school friends that families of 12 minor girls were planning to get their friends married. Report was submitted to the court and injunction was received. At one go, the marriages of 12 minor girls were stopped. This was widely covered by media both at the local and state level. This created ripples in the community and people got scarred. While on one hand it acted as a huge social pressure. On the other hand, it stopped some parents from sending their children to the Anganwadi centres. That issue was dealt with separately and the matter was defused.
The source of information is always kept confidential. This is done to protect the identity of the informants. To save them from being harassed by the family members of the child. A protection net is created around the informants and the child protection officers.
In 2015, district officials of the Social Welfare Department, decided to undertake vulnerability mapping of children living in high-risk families within the limits of Kottakkal municipality and Edarikode panchayat. Meeting of people’s representatives and officials of various units under the Social Justice Department undertook the mapping in the wake of increasing reports of child abuse from the region. It was done with the help of Anganwadi workers. The objective was to conduct awareness programmes for vulnerable children and families in association with the District Child Protection unit, with special emphasis against child marriages82.
In February 2017, the Social Justice Department along with Police department and the DCPU of Malappuram district produced a short film titled "Pathinettu" (meaning “18” in Malayalam). The film is based on the true story of Mansiya, the 16-year-old girl who walked into a police station
81 Child brides of Malappuram: Why Kerala's most populous district marries off its girls so young, by Haritha JohnFollow @HarithaJohn1 & Megha VarierFollow @varier_megha, 29th September 2017, https://www.thenewsminute.com/article/child-brides-malappuram-why-keralas-most-populous- district-marries-its-girls-so-young-69200 82 Child protection unit to conduct vulnerability mapping, Abdul Latheef Naha, MARCH 29, 2016, http://www.thehindu.com/news/national/kerala/child-protection-unit-to-conduct-vulnerability- mapping/article7581091.ece
to stop her own wedding83. Four years ago in November 2014, 16-year-old Mansiya from Malappuram district, walked into a police station for the first time in her life. Sitting before the Sub Inspector in her school uniform, the Class 11 student told him that her parents were planning to marry her off next month. "Please stop the wedding, I want to study," the teenager pleaded to the SI. Three years on, the personnel at the Manjeri Police Station have changed, but the story of the brave 16-year-old who walked into the police station to stop her own wedding has remained a shared legend and an inspiration for others84.
In 2017, like Mansiya, another girl Mubeena, a native of Angadippuram had gathered up the courage to inform the police and get her wedding stopped. In her interview with the media, Mubeena tells that the fear of an early marriage is never far from her mind. “I told my parents not to do that to me, to marry me off at such a young age. But they did not listen. They said that if I study further without getting married, I may end up in some other harmful relationships that will ultimately ruin the family’s reputation. So, I asked my teacher to inform police about it. She helped me, the police came home to speak to my father and he readily agreed to postpone the wedding. But when I turn 18, I am sure I will be married off. Can any law stop that?" Mubeena asks.
The DCPU in the district has started working with the students of XIth and XIIth standard, both girls and boys together. Posters on child marriage are displayed in every school in the district that has 10+2 classes85. The posters carry the number of ChildLine, CMPOs and also DCPOs. While granting admission in the 11th and 12th standard, the issue of child marriage is discussed with the children and their parents. They are asked to provide written assurance that their wards are not going to dropout before completion of 12th standard.
Holding workshops and awareness campaigns with adolescent girls and boys together has been adopted as a strategy. They are told about the impacts of child marriage, about the prevailing legislations and discussions are held based on the questions raised by the students. The purpose is to create a space where they can talk openly, ask questions and debate on the issue of child marriage and their rights as children. The space created is gender neutral, where the issue is discussed and debated thoroughly. The girls are encouraged to take the stand of not agreeing to be married off before 18. Similarly, the boys are encouraged the to take a stand of not marrying underage girls when they grow up. The students also take oath on this issue. The students are encouraged to openly. The film “ Pathinettu” is also screened in such workshops and awareness programmes in schools across the state. The real story of Mansiya motivates the children to dream and act differently. They are encouraged to take necessary steps when the family members refuse to cooperate and pressurize them to get married as a child. The film has helped in making the children believe that the police stations are not places to be scared about. Most Police stations in the district are child friendly and are ready to help them. The
83 https://www.youtube.com/watch?time_continue=1251&v=Y40gZ38PVQY The Film “Pathinettu": The agility and boldness showed by a 16-year-old schoolgirl from Manjeri, Malappuram district of Kerala in resisting her early marriage inspired the District Child Protection Unit to make a short film on Child Marriage. Mansiya (name of girl child in the film) dreads November 14th, the day when children in the country get to celebrate their childhood. It was on that day, the 16 year-old school student’s marriage was fixed. The girl, a higher secondary student, was bold enough to approach the police to continue her studies and to protect her from proposed marriage, which opened the eyes of the District Child Protection Unit. The Sub-Inspector in charge of the police station at Manjeri faced one of the uneasy surprises of his career when a 16 year-old girl walked up to him and requested his help to abort her proposed marriage. Police, District Child Protection Officer and others swung into action in conjunction with Child Marriage Prohibition Officer. The Child Marriage Prohibition Officer approached bridegroom’s family and convinced them about the dangers of marrying before the girl turns 18. They agreed to honour the law and wait until the girl completes her studies. This helped the child to enjoy her status as a child and not being deprived of her childhood. The girl currently is continuing her studies and enjoying her studies. 84 Child brides of Malappuram: Why Kerala's most populous district marries off its girls so young, by Haritha JohnFollow @HarithaJohn1 & Megha VarierFollow @varier_megha, 29th September 2017, https://www.thenewsminute.com/article/child-brides-malappuram-why-keralas-most-populous- district-marries-its-girls-so-young-69200 85 Refer to Annexure 5: Posters against Child Marriage
According to Sameer, the most common question that they face from parents when stopping a minor’s marriage is, “She's young, that's why she is getting proposals. If this one is gone, will you take the responsibility of marrying her off”? "We are now asking elected representatives to go ahead and say “yes” with respect to taking responsibility of getting the girl married once she becomes a major. Elected representatives are capable of holding community weddings and if money shortage is why parents are marrying off their minor daughters, then that can stop," says Sameer86.
Sameer is all praise for the district police unit. According to him Police provides all kind of help to the functioning of District Child Protection Unit and to the other child protection committees in the district. According to Sameer, Sri. Debesh Kumar Behera IPS, District Police Chief, Malappuram District has taken special interest in the issue. He has issued a notice to all local police stations in the district that any complaint related to child marriage has to be taken seriously and necessary assistance provided, even if the complaint ids received late in the night. They have to provide all necessary support to the committees working against child marriage and especially to the CMPOs. Since all CMPOs, working in the district and state are women, this notice by the District Police Chief is of great importance. This gives them the added confidence of taking action without the concern of receiving any bodily harm to their self.
The Police in the district have also started “Child Friendly Police Stations”. All 34 police stations in the district have been designated as “ Child Friendly Police Station”. Every 6 months, the police personnel are given training on child rights and child welfare with special emphasis on child protection. Provisions of JJA, PCMA, POCSO and ITPA are discussed in details. Under Integrated Child Protection Scheme, the DCPU ensures that at least 1 police officer from every police station in the district attends the meetings called by the DCPU.
Officials connected to child protection in the district have decided to use technology to reach out to each other for prompt action, help and support. A “Whatsapp Group” has been created. The members of the “Whatsapp Group” are: ● District Police Chief, ● Deputy Superintendents of Police ● District Child Protection Officer, ● District Collector, ● All Inspectors of Police, Station House Officers (Sub Inspectors) of Police and Circle Inspectors in the district, ● All Members of Child Welfare Committee, ● Members of Juvenile Justice Board ● District Medical Officer ● District Social Justice Officer
Whenever any issue crops up, any incident happens or any critical information is received, the matter is posted in the group. Immediately necessary help is extended from all quarters. The group has helped tremendously in building the coordination amongst the members and increasing the response time from the various agencies. According to Sameer “the synergy happens there”. As soon as anyone reports any information about child marriage or about POCSO related cases, the nearest police along with the child protection unit get into action.
The District Child Protection Unit in the state has started an initiative where people from all walks of life are encouraged to write to them two lines about child marriage. Till date they have received more than 1000 entries. While most are encouraging, they have also received hate mails, accusing them of disobeying the religion by changing religious practices. This initiative has created a lot of interest amongst local population in the district and people are
86 Child brides of Malappuram: Why Kerala's most populous district marries off its girls so young, by Haritha JohnFollow @HarithaJohn1 & Megha VarierFollow @varier_megha, 29th September 2017, https://www.thenewsminute.com/article/child-brides-malappuram-why-keralas-most-populous- district-marries-its-girls-so-young-69200
openly talking about child marriage and its impacts.
The District Child Protection Unit faces a lot of difficulty because the CMPOs are transferred from one district to another. In order to help the CMPOs to continue their good work, a “Handbook on Child Marriage” has been prepared in Malayalam87. The handbook has all necessary details to help the CMPOs to take ahead their work.
The District Child Protection Unit also works with the students of local colleges pursuing Master of Social Work. These students come up with innovative methods to reach the message of child rights and child protection to the local community. This includes, street theatres that they conduct in every villages and towns and in social gatherings. In most cases the venue is decided based on the detailed monthly report submitted by the CDPOs.
Plotting of 2016 Child Marriage Data has been plotted in the District Map. This is used to train the CDPOs. It gives a clear idea about which are the areas in the district that have more occurrences of child marriage. This has also been displayed in public spaces. It has resulted in increased vigilance by the local community in their respective areas.
According to Sameer the work on controlling the practice of child marriage in the district has been possible because of the tremendous support that the Child Protection Unit has received from Judiciary, Police, the Kerala State Commission for Protection of Child Rights, the LSGIs and the media.
He acknowledges that though Malappuram records a high number of child marriages, the number of cases registered under the law remains low. According to him, it is in keeping with the motive of PCMA, which is not to punish defaulters, but to prevent child marriages from happening in the future.
"When we intervene, our purpose is not to lock the families behind bars, but to educate and convince them not to marry off their minor daughters. There definitely is a fear of law within people now, but we make it a point to change their way of thinking. And so, we do not rescue the girl and lodge her at a state home as other cases relating to minors are dealt with," Sameer says. Anwar Karakkadam of Childline corroborates the rational. The immediate aim is to stop the wedding and help girls continue their studies, and not to punish their parents. While officials confront the parents and stop marriages by themselves in many cases, they are sometimes forced to go to court, when a family refuses to accede for anything short of a court order.
Child Marriage within the Tribal Community in Kerala
Many news articles as well as discussions with the DCPOs in various districts raise the question in ones mind – are the tribal community to be blamed for the increase in rate of child marriage in most districts in Kerala? According to the 2011 census, Kerala has a total population of 3,34,06,061 of which the population of Adivasi communities constitutes 4,84,839 (1.45%). Totally, there are 36 Adivasi groups in Kerala and each one is known by a particular name88. All of them are marginalized groups and they fear extinction. Adivasi concentrations in the state are seen in the districts of Kasaragod, Kannur, Kozhikodu, Malappuram, Wayanad, Idukki, Palakkad and in parts of Kollam, Thiruvananthapuram and Pathanamthitta districts. As per 2011 census, the Adivasi population of these districts together constitutes 73% of the total Adivasi population in the state.
1.45% is a miniscule percentage compared to the larger other half. It is unlikely that the prevalence of child marriage within the tribal communities is the major factor responsible for
87 Refer to Annexure 6: “Handbook on Child Marriage” 88 As per the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002(Act 10 of 2003) vide Part-V11 Kerala-Second Schedule notified in the Gazette of India, dated 8th January 2003, the government of Kerala has enlisted 36 Adivasi communities in the state as Scheduled Tribes. Refer ADIVASIS OF KERALA - A PROFILE, http://shodhganga.inflibnet.ac.in/bitstream/10603/46446/11/11_chapter3.pdf
increase in child marriage data in the state. Moreover, there are layers of complexities attached to the matter under consideration.
According to the understanding shared by Kerala Mahila Samakya, tribal communities have always had their unique culture, social practices and customs. Many of these practices have been followed for centuries and therefore have become integral part of their tradition. In tribal culture, marriage has never been considered to be an institution like that in mainstream culture. They have always been open and accepting to boys and girls staying together just as partners, once they reached puberty. Children born out of such cohabitation are not looked down upon but accepted to be a member of the community. Nurturing and taking care of the child becomes a community responsibility rather than an individual responsibility of the biological parents. Even today, many are seen to be practicing the same tradition. In most of these cases, the man involved is 21 years and above but the girl they cohabit with are between 16-18 years, sometimes even as young as 14.
Work towards making these communities aware about the legal provisions and helping them to gradually change their traditional practices have started with most of these communities at various levels. The case studies given below are examples of various such initiatives.
The Case Study of Attapadi Block, Pallakad District
In Attapadi Block, Palakkad district there are 192 hamlets. The population of the valley is mostly Muduga, Irula, Kurumba tribal people, a few Badagas and a section of settlers from Tamil Nadu and Other Districts of Kerala89.
According to Ms. Rajeswari, the CDPO of Attapady Block, poverty and certain social practices lies at the core of all social evils in the area. This leads to local communities neglecting the health of women and children, care of pregnant women, lactating mothers and adolescent girls. Though the practice of allowing adolescent girls and boys to cohabit once they reach puberty are rooted in unique tribal culture and traditions, they are resulting in girls below 18 years becoming pregnant and becoming underage mothers. A phenomenon that directly impacts the health and well-being of the entire community.
They have been successful in containing the practice of child marriage considerably in the block of Attapadi. This has been possible because of the coordinated and combined effort of various departments. It includes Department of Women and Child, Department of Health, ICDS, ICPS under the Social Justice Department and the Integrated Tribal Development under the Department of Schedule Caste and Schedule Tribe Development. Working in unison, the protection grid has been formed by the CDPO (one in each block), the Asha workers, the Multipurpose Workers Scheme male and female (JPHN), the Scheduled Tribe promoter/health promoter (ST Promoters) and the Anganwadi workers90. The Mahila Mandals also provide the required support.
According to, the CDPO, the combined work had started with the common vision of providing support towards economic upliftment of the local population and providing them assistance in health care, especially that of the adolescent girls, pregnant women and lactating mothers. The work gradually expanded in building of a safety network that discouraged the practice of underage girls cohabiting with the local boys and restricted the practise of child marriage in the region. The core work has been about maintaining a close contact with the community and developing mutual trust. All the departments work in cohesion and form a chain of support system to the local community. Extra precautionary measures are taken during the local festivals. “Disaster Management Plans” are made and implemented. It includes, making groups within the team to focus on maintain vigil on small geographical areas. The respective teams hold regular meetings with the girls in the age group of 16-18 years from the community before the festival. They are reminded about the on the bad consequences of child marriage, underage sexual activities and the health impacts of having children at young age.
89 Hockings, Paul (1988). Counsel from the Ancients: A Study of Badaga Proverbs, Prayers, Omens and Curses. Berlin. ISBN 9783110113747. 90 There are 175 Anganwadi Centres in Attapadi block.
The Health counselors and Psycho- Social counselors in the local schools are playing extremely important roles in bringing a change with respect to child marriage in the community. These counselors maintain a close contact with the teachers and keep a close vigil about the attendance of older children, especially girls. The Anganwadi workers provide the necessary support in the following-up with the children and their parents back home. Along with the Anganwadi workers, the ST Promoters visit homes and talk to the parents. They also inform the ward members and the panchayats members. This was initiated with the purpose of building a backward linkage with the local self-governing institutions (LSGIs). The objective of including the LSGIs is it to develop a self-sufficient protection mechanism that is embedded to the local system of governance. In the long run, the practice of protecting girl children from any form of exploitation would become a social norm backed by the LSGIs. The Ward members and the panchayats members help in organizing meetings at the ward and panchayats level.
Children who are found to be in grave danger within the family or found to be cohabiting with adult or same age partners are shifted to the hostels run by Mahila Samakhya91. The most encouraging fact is that most of these girls, who are shifted to the hostels for protection, are seen to be undergoing tremendous changes after they are shifted. Within 2-3 months they start performing better, most of them are doing extremely well both academically and in extra- curricular activities. They start thinking differently and their attitude towards life changes. When asked if they would be interested about getting married or going back to those men they previously cohabited with, they immediately say “No”.
The CDPO voiced that the practice of producing the underage girls and boys in the court of law needs to be avoided. It upsets the socio- emotional quotient of the child and her development. The team believes that children have to be dealt with a lot of care and love. When approached meaningfully and with respect, the children reciprocate. The most important factor is constant follow-up and building an atmosphere of mutual trust both with the children and their parents.
The team receives a lot of support from the local community leaders. They help and support the team openly and in every possible way. But it is not the same when it comes to the political leaders. They are scared of loosing their votes and therefore maintain a distance from the team.
Case study of the Paniya tribe in the Wayanad District
Ms. Usha from Kerala Mahila Samakya Society shared an extremely interesting case study. She spoke about “Mottathikkootta”- the programme initiated by Kerala Mahila Samakhya for the empowerment of the tribal girls belonging to the Paniya tribal community of Wayanad District. The Programme is being implemented in collaboration with the Department of Social Justice, Government of Kerala. The word “Mottathikkootta” is derived from Paniya language, which means girls collective. The main objective of the Programme is to strengthen and equip tribal girls to have strong leadership for their development and also for their community. The activities include:
1. Rights based girls collective formation 2. Awareness Campaigns 3. Life Skill Trainings 4. To federate girls collective in Panchayat level 5. Use theatre as a medium of awareness campaigns (Subjects focused on are Child Marriage, Child Labour, Sexual Abuses etc). 6. Activities for the visibility of tribal youth in the public domain enabling to control substance abuse among youth.
Though, the Programme was initiated by Mahila Samakya to protect, rehabilitate and
91 The Mahila Samakhya Programme was initiated in 1987-1989 to translate the goals of National policy on Education and Empowerment of women in rural areas, particularly of women from socially and economically marginalised groups.
reintegrate rescued girls from the Nirbhaya Shelter Homes92, it has helped in the overall empowerment of the young girls in the community. The initiative has resulted in reducing child marriages within the group. The young adolescent girls are refusing to marry early. They are resisting all such practices that resulted in servitude.
Impact of Prevention of Children from Sexual Offences Act, 2012 (POCSO) and the recent ruling of the Supreme Court of India on the tribal community of Kerala in relation to child marriage
In a landmark judgement93, the Supreme Court of India (SC) has ruled that sex between a man and his wife below 18 years of age will be counted as rape. The husband can face up to 10 years imprisonment under IPC or even a life term under POCSO.
Section 375 of the IPC, which defines the offence of rape, has an exception clause that says intercourse or sexual acts by a man with his wife, not below 15 years, is not rape. However, the age of consent is 18 years. The apex court said the exception in the rape law was contrary to the philosophy of other statutes and violates the bodily integrity of a girl child. The exception in the rape law was arbitrary and violative of the constitution.
Till the passing of the recent judgement by SC, there was a contradiction between the PCMA and the provision of IPC. The minimum age for a girl’s marriage according to PCMA is 18 years, which was also the minimum age of consent for consensual sex under IPC. However, Section 375 (2) IPS carried an exception for husband having sex with a wife who was above 15 years of age. The ruling by the SC brings uniformity in the minimum age of marriage, consent and sex. All, especially the women’s and child right’s groups, has hailed the ruling as socially progressive. Though widely regarded as an extremely important step forward curbing child marriage, the ruling along with POCSO have had curious fallout in the Adivasi belts of Kerala.
In October 2016 in Wayanad District alone, 20 men were arrested under the POCSO Act from various colonies, for marrying girls below the age of 18. According to the local communities, this practise is in line with their traditions. The fact that child marriages are common in some tribes, coupled with the lack of awareness about the Act and its stringent provisions, have led to arrests of Adivasi men in other districts of Kerala too, such as Attappady and Idukky, according to media reports and Adivasi activists94. The research study undertaken by TA Ameerudheen states that in some of the Adivasi communities in Kerala, such as the Paniyas and Kattunaikas it is a customary practice that a girl and a boy can marry and live with a partner of their choice after they attain puberty. The researcher has documented the statement of an elder in the Kattunaika community where he has described how marriages among Adivasis take place. According to him, “A marriage happens when the man takes the woman to his home, or he begins to live in the woman’s house.” In the cases were arrests were made, the grooms were above the age of 21 – the legal marriageable age for men in India – but brides were below the age of 18, legally not yet adults.
22-year-old Binu, a Paniya from Wayanad’s Vithukadu Colony, who was arrested two days after his marriage. “We were in love for two years before deciding to live together,” Binu, currently out on bail, told this writer, who met him at an arecanut farm in Ambalavayal where he worked. “I stayed in her house for two days, but on the third day I was arrested. I spent three months in jail, while she was sent to the Nirbhaya Hostel, run by the district Child Welfare Committee. I didn’t do anything wrong. I was not aware of her age. Marriages in our community happen like this. I always yearned to have a family life, but the law shattered my dreams.” Binu said he is not allowed to even meet the girl till she turns 18.
92 As per the studies conducted by Kerala Mahila Samakhya Society 45% of the residents of Nirbhaya Shelter Homes in the state belong to the tribal communities. 93 Independent Thought vs. Union of India (W.P. Civil 382 of 2013) 94 In Wayanad, an Adivasi marriage tradition at odds with the law has landed many men in jail. About 20 from the Kerala district have been arrested under the POCSO Act have been arrested for marrying minor girls – which is allowed as per their customs. https://scroll.in/article/822538/in- wayanad-an-adivasi-marriage-tradition-at-odds-with-the-law-has-landed-many-men-in-jail
Shivadasan, a 21-year-old Paniya working as a daily wage labourer, had a similar experience. “I was arrested 15 days after my marriage,” he said. “I suspect that tribal promoters [who act as a link between the Adivasis and the government] who visit our colony regularly, informed the police that my wife was under-aged. I spent three-and-a-half months in jail before coming out on bail.”
The exact number of such arrests came to light after human rights activist Dr. PG Hari filed a Right to Information (RTI) application. “It became clear that 20 tribal youngsters were languishing in various jails,” he said. “The statistics brought together activists from all over the state, who formed Committee Against POCSO on Tribal Marriages to co-ordinate agitations against the arrests.”
Dr. Hari said that the insensitivity and lack of awareness about Adivasi life and culture among law enforcement agencies and courts was the root cause of the issue. “Grown up men and women have the freedom to live together in Adivasi societies,” he said. The police should not have acted in haste and “If the judges knew this, they wouldn’t have put the tribal youths behind the bars.”
The activist claimed that the DCPUs and DCWCs have not done enough to make the tribal community in the state aware about POCSO. Very few awareness programmes about the Act has been conducted. As a result, the adivasi communities across the state have very little understanding about the legislation. The importance of making them aware about the legislation lies with the fact that the provisions of the legislation are in direct conflict with the customary practices of these communities. Thereby, making them criminals in the eye of law.
The members of the Child Protection Units in the state are against the voices raised by the activists. The Wayanad district Child Welfare Committee chairman Father Thomas Joseph Therakam said that Adivasi customs should not be placed above law of the land. “The legal age for marriage is 18 years for girls and 21 years for boys. We should not keep Adivasi youngsters out of this bracket.” According to Therakam, it was absurd to say that Adivasi men, who were arrested under POCSO, had followed their custom. “Those were the customs of the yore,” he claimed. “It is not practiced anymore.” However, he admitted to the absence of awareness programmes for Adivasi communities. “There should have been better awareness programmes in tribal hamlets on the stringent Pocso Act,” he said.
Discussions with the Chairperson and Members of the Kerala State Commission for Protection of Child Rights also brought out the same issue and the dilemmas attached with the application of POCSO in the tribal belts. They also acknowledged that implementation of POCSO is leading to a lot of unrest and unhappiness amongst the tribal people. It is being looked at a direct infringement into their customary practices. Keeping that in mind, the Department of Women and Child and the Social Welfare Department has initiated steps to accelerate the initiative of informing the tribal communities about POCSO and its implications. Also, an internal decision has been taken that till people in these tribal areas become aware about POCSO, the youth will not be arrested. While the men would be allowed to go with warnings, the girls would be sent to Nirbhaya hostels run by Kerala Mahila Samakhya. The idea is to protect the girls till they are 18 years of age and also providing them with an atmosphere where they can learn and discover themselves.
Conclusion:
Patriarchy, social practices, class, caste and religion influence the norms and expectations around the role of women and girls in India. Kerala is no different. The practices in the various districts of Kerala show that, amongst most communities, restrictive norms limit girls to the role of daughter, wife and mother who are first seen as the property of her father and then of her husband. Child marriage as a social practice continues in Kerala despite endeavors to curb it.
The positive indicator is that, the state government has taken the Census Data 2011 signal that child marriages are increasing in the state very seriously. Though the expanse is much
less than other parts of the country, the state government has taken a holistic approach in dealing with child marriage. Various departments are focusing on the issue in a coordinated and combined fashion. The common objective is that of ending the practice of child marriage in the state. Government has given itself a target year of 2019 to completely stop the practice in Kerala.
Kerala has leveraged several existing government programmes to increase awareness and transform social norms around child marriage among community members. In particular, the ICDS and ICPS Schemes have been effectively used to create conducive safety network for the children.
The Kerala government through official orders has ensured that various departments and its agencies work in coordination. It has resulted in constitution of child protection committees at every level – state, district, block and at the panchayat level. The common agenda for all the committees at various levels is that of protecting minor girls against all forms of abuse, including child marriage. These committees have agreed upon that mutual support would be provided to each other. The focus has gradually shifted from community- and sector-based interventions to district level interventions to reach more girls, boys and community members through multi-sectorial programming and support to a variety of departments. Malapurram and Attapady are best examples of it.
Kerala has shown the political will to work towards protecting the children in the state. It has constituted the Kerala State Commission for Child Rights, with all its members and the Chairperson. The Commission is playing a very proactive role in spreading the message about the ill effects of child marriage. It is also building awareness about child marriage through various trainings and grassroots level meetings. It is coordinating the work of various departments and related agencies and leading the initiatives against child marriage in every possible way. The action plan strongly communicates the government’s commitment to addressing child marriage in the state. It has the potential for facilitating convergent action across multiple sectors for ending discrimination and harmful practices against girls.
To give a push to the convergent action, Kerala conceived and adopted the Kerala Child Policy 2016. The Kerala State Commission for Child Rights has played an important role in bringing about this Policy. The Kerala State Commission for Child Rights had ensured that it was conceptualized and developed through participation of various stakeholders.
The Police and Judiciary have also supported the work that has been started in the state. Law enforcement to prohibit child marriage has been upbeat. These wings of government have been extremely proactive and efficient in providing the necessary timely support. The result is that people’s trust on these institutions has increased. Implementation of PCMA is being undertaken more effectively.
Broad, multi-faceted strategies have been adopted to target the problem. The aim has been pursuing change in deep-rooted social norms and behaviours that are laced with deprivation and violence of of all kinds. The government and its agencies are supporting interventions with adolescent girls in homes, community settings and in schools; working with panchayats (local leaders), service providers and communities to create an enabling environment for girls. It has trained individuals at different levels. To ensure the success of such trainings, the departments were encouraged to develop resource materials. It includes information about the related laws and policies, case studies, the various agencies working as a safety net and the roles & responsibilities of each member of the protection unit.
The pursuit against child marriage in Kerala has been a collective effort involving participation across a range of stakeholders. It reflects high levels of political, administrative and social commitment and partnership.
Ending child marriage will help break the intergenerational cycle of poverty by allowing girls
and women to participate more fully in society. Empowered and educated girls are better able to nourish and care for their children, leading to healthier, smaller families. When girls are allowed to be girls, everybody wins95.
95 United Nations Children’s Fund, Ending Child Marriage: Progress and Prospects, UNICEF, New York, 2014. https://www.unicef.org/media/files/Child_Marriage_Report_7_17_LR..pdf
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 1
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 2
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 3
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 4
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 5
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 6
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 7
Annexure no.1: Kerala Child Marriage Prohibition Rules, 2008 Page 8
Annexure 2: The Official Memorandum issued by the Chief Judicial Magistrate, Manjeri, dated 09.03.2017
Annexure 3 - Kerala Government Order from Social Justice Department on Integrated Child Protection Scheme – Constitution of various Committees, dated 09.11.2012 Pages 1➔2 3➔4
Annexure 4: Pictures of Training Sessions of Child Protection Units in the district of Malapurram
Annexure 5: Posters Against Child Marriage
Annexure 6 “ Handbook on Child Marriage”