<p>A convergence of advocacy by children’s groups, civil society movements, study recommendations, media attention, bureaucratic proposals, judicial direction and political will has resulted in Karnataka government proposing a second amendment to the Prohibition of Child Marriage Act (PCMA), 2006. The amendment seeks to make the betrothal or engagement of minors a punishable offence.</p>.<p>The legal reform to treat child engagement on par with child marriage could be a game changer. However, this can not succeed in isolation. Preventing child marriage requires a multi-pronged approach with a focus on education, health and economic empowerment of girl children. </p>.<p>In hundreds of reported cases, when child protection teams such as ChildLine 1098, Child Marriage Prohibition Officers or police intervened, based on authentic information about an impending child marriage, families would often dismiss the complaint saying, “It is just an engagement. Marriage will happen only after she turns 18.” They would claim that they were aware of the law and would not support child marriage. The rescue teams would have no other option but to believe this claim.</p>.<p>In reality, many of these engagements would turn out to be child marriages, misleading authorities. </p>.<p>Every child marriage has a negative bearing on human development indicators. The UN Sustainable Development Goals (SDGs) link the persistence of child marriages to perpetual poverty, poor health and educational outcomes, and lower participation of women in employment and decision making. This also contributes to increased maternal mortality and infant mortality ratios, and consequently leads to gender inequality. </p>.<p>Global organisations such as the United Nations Children's Fund and the United Nations Development Programme, along with the union and state governments, have put in significant efforts to end child marriage and promote girls' education. </p>.<p>In Karnataka, through platforms like Child Rights Grama Sabha and Child Rights Parliament, children have been vocal in their demand to consider child engagement as a punishable offence.</p>.<p> While handling cases of engagement and elopement, District Child Welfare Committees have tried to strictly consider a below 18-year-old girl, who is engaged to be married, as a child in need of care and protection, as per the Juvenile Justice (Care and Protection of Children) Act, 2015 [Section 2(14) (xii), “a child who is at imminent risk of marriage before attaining the age of marriage”].</p>.<p>But such interpretations were turned down by authorities and sometimes local courts in the case of betrothal. Initiatives for Married Adolescent Girls’ Empowerment, a state-level movement, has documented cases of disguised betrothals and presented before the government, demanding action. </p>.<p><strong>Age threshold</strong></p>.<p>Age thresholdIndian laws have consistently recognised a person under the age of 18 as a child. The Protection of Children from Sexual Offences (POCSO) Act, 2012; JJ Act, 2015; Prohibition of Child Marriage Act (PCMA), 2006 and Immoral Traffic (Prevention) Act (ITPA), 1956, have adopted this age ceiling from a protection and development perspective. The Indian Majority Act, 1875, considers a person above 18 years as a major who can enter into any contracts or agreements. </p>.<p>The Bharatiya Nyaya Sanhita (BNS) 2023 defines a child as a person below the age of 18 years (Section 2.3). With this definition, the BNS aims to provide clarity and consistency in legal proceedings involving minors. </p>.<p>This will strengthen the arguments on the ground and in the court halls to protect the interests of children.</p>.<p>While disposing of a writ petition (October 18, 2024) filed by Society for Enlightenment and Voluntary Action and Others Vs Union of India and Others, the Supreme Court had said that child betrothal is used as a clever ploy to duck punishment under the PCMA, and it violates the basic rights of free choices, autonomy and childhood. Further, the apex court said that the PCMA is vague on child betrothals and suggested the union government to consider this as part of the PCMA. </p>.<p>Recently, Karnataka Chief Minister Siddaramaiah expressed anger over an increased number of child marriages and child pregnancies in the state, and directed officials to take stringent action to curtail the same.</p>.<p>Considering child betrothal on par with child marriage and treating it as a punishable offence seems to be a step in that direction. </p>.<p><strong>Support systems</strong></p>.<p>However, this alone is not sufficient to address the social and economic drivers of child marriage. It is crucial that the government invests in support systems to enable girls to continue their education till they turn 18, acquire skills, gain employment, and make informed decisions about their lives. </p>.<p>As a first step, free and compulsory education should be extended until a child attains the age of 18. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 guarantees free and compulsory education for children up to the age of 14. This creates a critical gap in education for adolescent girls. The government should ensure quality education and vocational training for girls up to the age of 18. This would require a significant investment in education infrastructure, including schools, colleges, hostels, safe transportation, and scholarships. For this, the state should take measures to amend the RTE Act.</p>.<p>Without access to education and employment opportunities, girls become vulnerable to early marriage. Girls from rural, economically and socially disadvantaged communities and caste groups are particularly vulnerable.</p>.<p>Additionally, the lack of qualitative and meaningful engagement for adolescent girls could lead to the violation of their rights under POCSO, ITPA and PCMA. The Supreme Court, in its observation (October 2024), has made it clear that the purpose of law enforcement is not just registering more crimes or criminalising people, but to create widespread awareness and education on the ill-effects of child marriage. </p>.<p><strong>Reinforcement mechanism</strong></p>.<p>Unless there are adequate protection and development mechanisms in place, the proposed amendment may not prove effective.</p>.<p>Providing access to healthcare, education and economic opportunities to empower girl children is key to making this proposed amendment work. While it will be an added tool to Women and Child Protection Committees and Child Marriage Prohibition Officers, implementation would be a challenge without a sufficient reinforcement mechanism. </p>.<p>Guaranteeing education, safety, skills and opportunity is the secure path to ending child marriage and building a more equitable future for girls.</p>.<p><em>(Vasudeva Sharma is executive director, Child Rights Trust, Bengaluru)</em></p>
<p>A convergence of advocacy by children’s groups, civil society movements, study recommendations, media attention, bureaucratic proposals, judicial direction and political will has resulted in Karnataka government proposing a second amendment to the Prohibition of Child Marriage Act (PCMA), 2006. The amendment seeks to make the betrothal or engagement of minors a punishable offence.</p>.<p>The legal reform to treat child engagement on par with child marriage could be a game changer. However, this can not succeed in isolation. Preventing child marriage requires a multi-pronged approach with a focus on education, health and economic empowerment of girl children. </p>.<p>In hundreds of reported cases, when child protection teams such as ChildLine 1098, Child Marriage Prohibition Officers or police intervened, based on authentic information about an impending child marriage, families would often dismiss the complaint saying, “It is just an engagement. Marriage will happen only after she turns 18.” They would claim that they were aware of the law and would not support child marriage. The rescue teams would have no other option but to believe this claim.</p>.<p>In reality, many of these engagements would turn out to be child marriages, misleading authorities. </p>.<p>Every child marriage has a negative bearing on human development indicators. The UN Sustainable Development Goals (SDGs) link the persistence of child marriages to perpetual poverty, poor health and educational outcomes, and lower participation of women in employment and decision making. This also contributes to increased maternal mortality and infant mortality ratios, and consequently leads to gender inequality. </p>.<p>Global organisations such as the United Nations Children's Fund and the United Nations Development Programme, along with the union and state governments, have put in significant efforts to end child marriage and promote girls' education. </p>.<p>In Karnataka, through platforms like Child Rights Grama Sabha and Child Rights Parliament, children have been vocal in their demand to consider child engagement as a punishable offence.</p>.<p> While handling cases of engagement and elopement, District Child Welfare Committees have tried to strictly consider a below 18-year-old girl, who is engaged to be married, as a child in need of care and protection, as per the Juvenile Justice (Care and Protection of Children) Act, 2015 [Section 2(14) (xii), “a child who is at imminent risk of marriage before attaining the age of marriage”].</p>.<p>But such interpretations were turned down by authorities and sometimes local courts in the case of betrothal. Initiatives for Married Adolescent Girls’ Empowerment, a state-level movement, has documented cases of disguised betrothals and presented before the government, demanding action. </p>.<p><strong>Age threshold</strong></p>.<p>Age thresholdIndian laws have consistently recognised a person under the age of 18 as a child. The Protection of Children from Sexual Offences (POCSO) Act, 2012; JJ Act, 2015; Prohibition of Child Marriage Act (PCMA), 2006 and Immoral Traffic (Prevention) Act (ITPA), 1956, have adopted this age ceiling from a protection and development perspective. The Indian Majority Act, 1875, considers a person above 18 years as a major who can enter into any contracts or agreements. </p>.<p>The Bharatiya Nyaya Sanhita (BNS) 2023 defines a child as a person below the age of 18 years (Section 2.3). With this definition, the BNS aims to provide clarity and consistency in legal proceedings involving minors. </p>.<p>This will strengthen the arguments on the ground and in the court halls to protect the interests of children.</p>.<p>While disposing of a writ petition (October 18, 2024) filed by Society for Enlightenment and Voluntary Action and Others Vs Union of India and Others, the Supreme Court had said that child betrothal is used as a clever ploy to duck punishment under the PCMA, and it violates the basic rights of free choices, autonomy and childhood. Further, the apex court said that the PCMA is vague on child betrothals and suggested the union government to consider this as part of the PCMA. </p>.<p>Recently, Karnataka Chief Minister Siddaramaiah expressed anger over an increased number of child marriages and child pregnancies in the state, and directed officials to take stringent action to curtail the same.</p>.<p>Considering child betrothal on par with child marriage and treating it as a punishable offence seems to be a step in that direction. </p>.<p><strong>Support systems</strong></p>.<p>However, this alone is not sufficient to address the social and economic drivers of child marriage. It is crucial that the government invests in support systems to enable girls to continue their education till they turn 18, acquire skills, gain employment, and make informed decisions about their lives. </p>.<p>As a first step, free and compulsory education should be extended until a child attains the age of 18. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 guarantees free and compulsory education for children up to the age of 14. This creates a critical gap in education for adolescent girls. The government should ensure quality education and vocational training for girls up to the age of 18. This would require a significant investment in education infrastructure, including schools, colleges, hostels, safe transportation, and scholarships. For this, the state should take measures to amend the RTE Act.</p>.<p>Without access to education and employment opportunities, girls become vulnerable to early marriage. Girls from rural, economically and socially disadvantaged communities and caste groups are particularly vulnerable.</p>.<p>Additionally, the lack of qualitative and meaningful engagement for adolescent girls could lead to the violation of their rights under POCSO, ITPA and PCMA. The Supreme Court, in its observation (October 2024), has made it clear that the purpose of law enforcement is not just registering more crimes or criminalising people, but to create widespread awareness and education on the ill-effects of child marriage. </p>.<p><strong>Reinforcement mechanism</strong></p>.<p>Unless there are adequate protection and development mechanisms in place, the proposed amendment may not prove effective.</p>.<p>Providing access to healthcare, education and economic opportunities to empower girl children is key to making this proposed amendment work. While it will be an added tool to Women and Child Protection Committees and Child Marriage Prohibition Officers, implementation would be a challenge without a sufficient reinforcement mechanism. </p>.<p>Guaranteeing education, safety, skills and opportunity is the secure path to ending child marriage and building a more equitable future for girls.</p>.<p><em>(Vasudeva Sharma is executive director, Child Rights Trust, Bengaluru)</em></p>