India - Child Brides Can Declare Their Marriage Void

by Reena T Samuel - World Vision India Communications

Girls under the age of 18 who are married without their consent will now be able to declare the marriage void, after the Indian Cabinet amended child marriage laws.

The amendments will give girls the option of leaving a marriage without being treated as a divorcee in the eyes of the law. 

According to the amendments, husbands will still be bound to pay maintenance.

A meeting of the Cabinet, chaired by the Prime Minister Manmohan Singh, decided to bring in Parliamentary legislation to repeal the Child Marriage Restraint Act 1929, popularly known as the Sharda Act, and introduce the Prohibition of Child Marriage Bill 2006.

Sources said penal provisions have also been made stronger and the reworked legislation is likely to invite stricter punishment for those found participating in child marriage. 

The practice of child marriage, linked to poverty and societal attitudes, has been prevalent in the country for decades. According to the 2001 Census, nearly 35 per cent of women in India are married between 15–18 years of age. 

Mr Reni Jacob, Advocacy Director, World Vision, said, “it is a good step towards abolition of child marriage. But we need to keep in mind the Indian culture and tradition, which does not allow girls to step out of marriage even in cases of child marriage. Society does not support these girls. Therefore tradition and culture also needs to change along with the law.”

He added, “we need to build the capacity of the girls and equip them with knowledge about their rights and laws that will help them.”

___________________________________________________________________