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A Study on Child Marriage in India : Situational Analysis in Three States

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A Study on Child Marriage in India : Situational Analysis in Three States A Study on Child Marriage in India : Situational Analysis in Three States CENTRE FOR SOCIAL RESEARCH NATIONAL INSTITUTE OF PUBLIC COOPERATION AND CHILD DEVELOPMENT Year of Publication 2008 No. of Copies – 500 Published by National Institute of Public Cooperation and Child Development, 5 Siri Institutional Area, Hauz Khas, New Delhi-16 and printed at Power Printers, 2/8-A, Darya Ganj, New Delhi-2. Phone: 23272445, 23283911 PREFACE Child marriage is a major sociological problem that has persisted for centuries in India, more so in Northern States. Whatever its origin, the reason for its perpetuation is an issue that needs to be re-looked in the age and time when women’s emancipation is the buzz word. Since independence, Government has continued to tighten the legal provisions to prevent this undesirable practice, which is not only cruel to the children, specially the girl child but also deprives them of their basic rights. The present study was therefore conducted in some of the most politically conscious States in Northern India to explore why the proponents of child marriage still meet little resistance from the more enlightened members of its communities and why the sane voices opposed to this practice get suppressed. At the same time, the study seeks to assess the efficacy of the existing laws in curbing child marriages and also the role of law enforcement machinery. Based on empirical evidence, the study was confined to only three States where the marriage age of the girl child was much less than the legally permissible age limit. The study confirmed that in some areas of these States there is no overt aversion to practice of child marriage. The genesis that came to the fore was, the complex intertwining of social, economic and cultural practices of the community that continued to govern decision making among its members. Communities in which the practice of child marriage persists were though found aware of the legal restrictions on it, yet they tend to ignore these. People’s representatives find it difficult to take a hard stand while administrators handle the task as one more law enforcement issue to be dealt with. The data collected and collated suggests that the main answer to the problem may lie in universalisation of education for girl children and eradication of poverty. Yet whether that alone would help in minimising the incidence of child marriage still remains a point of debate. The study, a joint effort of NIPCCD and Centre for Social Research (CSR), was made possible due to the efforts of the later in preparation of tools, undertaking data collection in two states, drafting the report etc. We owe a gratitude to CSR and its Director Dr. Ranjana Kumari for their contribution to this study. At NIPCCD, it was a team led by Dr. Sulochana Vasudevan, Joint Director and Dr. Sandhya Gupta, Assistant Director who were associated with the study from drawing the design, revising tools, collecting data in a state, editing the report and interacting with CSR from time to time. The study would not have culminated but for their concerted effort. I sincerely acknowledge the comments offered by Ms. Razia Sultan Ismail Abbassi and Dr. Jyotsana Chatterji which improved the quality of the report. I believe, the social workers, planners, social scientists and others interested in the issue will find the publication useful. (A.K. Gopal) Director ACKNOWLEDGEMENT Project Team Guidance and Support Dr. A.K. Gopal Dr. Dinesh Paul National Institute of Public Cooperation Centre for Social Research and Child Development New Delhi New Delhi Dr. Sulochana Vasudevan Dr. N. Hamsa Project Director Project Coordinator Dr. Sandhya Gupta Dr. Sanghita Bhattacharya Project Associate Sr. Research Associate Ms. K. Kanarindhana Research Associate Research Support Team Shri Chandan Kumar Dr. Arvind Agarwal Dr. Hema Agarwal Dr. Alok Kumar Administrative Support Layout and Production Shri A.J. Kaul Smt Jyoti Sethi 7 CONTENTS List of Tables xi List of Figures xiii List of Abbreviations xv 1: Introduction 1 1.1. Child Marriage Scenario in India 1 1.2. Situation in States Studied: Rajasthan, Madhya Pradesh and Uttar Pradesh 4 1.3. What Sustains the Practice of Child Marriage? 5 1.4. Consequences of Child Marriage 6 1.5. Laws and Policies Dealing with Child Marriage 8 2: Overview of Child Marriage in India 13 2.1 A Review of Literature 13 2.1.1 Child Marriage: A Legal Perspective 15 2.1.2 Child Marriage: Statistical Overview 16 2.1.3 Determinants of Child Marriage 18 2.1.4 Consequences of Child Marriage 20 2.1.5 Government Policies and Programmes 26 3: The Study 31 3.1 Need for the Study 31 3.2 Objectives 32 3.3 Study Areas 32 3.4 Consultation Meetings 32 3.5 The Research Process 32 3.5.1 Source of Data 32 3.5.2 Selection of Sample 33 3.5.3 Research Design and Methodoloy 36 4: Situation of Child Marriage in the Study Areas 39 4.1 Causes of Child Marriage (Social, Cultural, Historical) 39 4.2 Prevalence and Trends of Child Marriage in the Study Areas 40 4.3 State Initiatives 46 4.3.1 Uttar Pradesh 46 4.3.2 Madhya Pradesh 47 5: Overview of the Study Areas and Profile of the Sample Studied 49 5.1 Rajasthan 49 5.2 Uttar Pradesh 49 5.3 Madhya Pradesh 50 5.4 Socio-Economic Profile 50 5.4.1 Profile of Heads of Households (Family Member) 50 5.4.2 Profile of Couples Married Below 18 Years 53 5.4.3 Profile of Panchayat Members 55 5.4.4 Profile of NGOs 57 6: Analysis and Outcome of the Study 59 6.1 Responses of Family Heads 59 6.2 Responses of Those Married Below 18 years 61 6.3 Responses of the Panchayat Members 66 6.4 Responses of the NGOs 67 6.5 Responses of the District Magistrates 68 6.6 Focus Group Discussions (FGDs) 68 6.6.1 Outcome of FGDs in Rajasthan (Jaipur and Tonk) 69 6.6.2 Outcome of FGDs in Uttar Pradesh (Varanasi and Meerut) 70 6.6.3 Outcome of FGDs in Madhya Pradesh (Bhopal and Shajapur) 71 6.7 Discussions and Analysis of Focus Group Discussion 73 7: Legal Awareness and Measures 75 7.1 Community Initiatives: Panchayat and Family Heads 75 7.1.1 Responses of the Family Heads 75 7.1.2 Responses of the Panchayat Members 78 7.2 Responses of Those Married Below 18 Years 80 7.3 Civil Society Intervention: NGOs 81 7.4 Government Initiatives against Child Marriage 83 7.4.1 Responses of the Police 83 7.4.2 Responses of the District Magistrates 83 8: Conclusion and Recommendations 85 8.1 Causes Sustaining the Practice of Child Marriage 85 (A) Present Status of Child Marriage in the Study Areas 87 (B) Status of Awareness on the Need to Curb Child Marriage 88 (C) Perception on Adequacy of Legal Initiatives 88 (D) The Role of Local Leaders and the Enforcement Agencies 89 8.2 Recommendations 90 (A) Key Recommendations 90 (B) General Recommendations 91 Bibliography 93 Annexure I 99 Questionnaires Annexure II 129 District-wise Data of Three States Annexure III 133 Analysis of Tables of Three States Annexure IV Guidelines for Focus Group Discussions (FGDs) 207 Annexure V Child Marriage Restraint Act, 1929 209 Annexure VI The Prohibition of Child Marriage Act, 2006 213 LIST OF TABLES 2.1 Proportion of Females Married in Adolescence by Age, NFHS- 2 (1998-99) 17 3.1 District-wise Prevalence of Child Marriage in Study Areas 34 3.2 Sample Size 35 4.1 Practice of Child Marriage in Respondents’ Castes/Communities 43 5.1 Percentage Distribution of Heads of Household by Educational Level 52 6.1 Did They Want to Marry Early? 62 7.1 Awareness about the Law that Prohibits Child Marriage 79 7.2 Is the Law Efficient in Preventing Child Marriage? 82 LIST OF FIGURES 1.1 Percentage of Women Currently Aged 20-24 Who Married by Age 18, 2005-06 3 1.2 Trend in Percentage of Women Currently Aged 20-24 Who Married by Age 18 3 1.3 Proportion of Ever-Married Among 15-19-Year-Olds, 2001 4 1.4 Trend in Percentage of Women Currently Aged 20-24 Who Married by 4 Age 18 in the Study Areas 3.1 Research Design 37 4.1 Age at Marriage (Male) 41 4.2 Age at Marriage (Female) 41 4.3 Percentage Supporting/Opposing Child Marriage 42 4.4 Percentage Increase/Decrease in Complaints Regarding Child Marriage 45 5.1 Literacy Level of Family Members 51 5.2 Age at Marriage (Males) 54 5.3 Age at Marriage (Females) 55 5.4 Marital Status of Children of Panchayat Members 56 5.5 Panchayat Members Preferring Marriage at Legal Age 57 6.1 Right Age at Marriage (Males) 59 6.2 Right Age at Marriage (Females) 60 6.3 Reasons for Prevalence of Child Marriage 60 6.4 Percentage Supporting/Opposing Child Marriage 64 6.5 Response Regarding Right Age at Marriage (Male) 64 6.6 Response Regarding Right Age at Marriage (Female) 65 6.7 Causes of Child Marriage According to Panchayat Members 67 6.8 Causes of Child Marriage According to NGOs 67 6.9 Causes of Child Marriage According to District Magistrates 68 7.1 Awareness Regarding Registration of Marriages 75 7.2 Awareness about Illegality of Marriages 76 7.3 Ways of Preventing Child Marriages by Government 77 7.4 Ways of Preventing Child Marriages by Community/Caste 78 7.5 Ways of Preventing Child Marriages by Panchayat 78 7.6 Percentage of Marriages Registered in the Districts 79 LIST OF ABBREVIATIONS CEDAW Convention on the Elimination of All Forms of Discrimination against Women CMPO Child Marriage Prevention Officers CMRA Child Marriage Restraint Act CRC Convention on the Rights of the Child CSR Centre for Social Research FGD Focus Group Discussions ICRW International Centre for Research on Women IMR Infant Mortality Rate MMR Maternal Mortality Rate MP Madhya Pradesh NCW National Commission for Women NFHS
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