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The Situation of Child Marriage in Kerala

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The Situation of Child Marriage in Kerala 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
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