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Child Marriage Prosecutions in India - Case Law Analysis of Actors, Motives and Outcomes 2008-2017
2021, Child Marriage Prosecutions in India - Case Law Analysis of Actors, Motives and Outcomes 2008-2017
In the context of calls for no-exception stringent child marriage laws, both nationally and globally, this report offers first of its kind evidence, on how the law in its practice, aids power relations and social stigma within the Indian context. The study looks at district and High Court case law from 2008-2017, to evaluate whether in its usage, the law serves its intended purpose; and in its recommendations, draws on judicial principles that help minimise unintended harm of the law. In doing so, this study speaks to contemporary policy proposals relating underage marriage, and therefore is of significance. This study is the #3 in PLD's series on the theme of Adolescent Sexuality and Early Marriage
Related Papers
WHO USES THE LAW TO PROSECUTE CHILD MARRIAGE MOST AND WHY?
GRASSROOTS EXPERIENCES OF USING THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
Based on case studies submitted by 25 organizations, this report aims to comprehend the grassroots experience of what “using the law” means for girls in a position of vulnerability for whom the law is intended, in order to provide them with security and claimant’s well-being. Should the attention be fixed on mounting legal sanctions, or focus on interventions to deal with root causes of such vulnerability?
Sexual and Reproductive Health Matters
Lakshmi Lingam , Amita Pitre
India enacted a new child sexual abuse law in 2012 and made important changes to the rape law in 2013 to expand the definition of rape and sexual assault, introduce several reforms and improve gender sensitivity in rape trials. However, the child sexual abuse law with its definition of who is a child has increased the age of consent for sex from 16 years to 18 years, echoed by similar changes in the rape law. This paper revisits the debates on the age of consent in India in the late nineteenth century. It reviews them in the light of the new legislative changes, adjudication of cases of sexual assault, and examines the implications of the new laws on adolescents and their sexuality. We contend that the changes in the law have resulted in several challenges: for adolescents exploring their sexuality on the one hand, and for courts to adjudicate on love, romance, and elopement, on the other. Further, in conjunction with raising the age of consent, other changes such as mandatory reporting of sexual activity among adolescents, especially by hospitals, have increased family control on adolescents' sexuality and strengthened regressive social norms linked to marriages. One of the most troubling developments is the resulting barriers to adolescents' access to reproductive and sexual health care. This paper explores how laws devised to address harm and extend protection to children play into dominant social norms and are in the service of protectionist and patriarchal control on young people and their sexuality.
Amita Pitre
Abstract India enacted a new child sexual abuse law in 2012 and made important changes to the rape law in 2013 to expand the definition of rape and sexual assault, introduce several reforms and improve gender sensitivity in rape trials. However, the child sexual abuse law with its definition of who is a child has increased the age of consent for sex from 16 years to 18 years, echoed by similar changes in the rape law. This paper revisits the debates on the age of consent in India in the late nineteenth century. It reviews them in the light of the new legislative changes, adjudication of cases of sexual assault, and examines the implications of the new laws on adolescents and their sexuality. We contend that the changes in the law have resulted in several challenges: for adolescents exploring their sexuality on the one hand, and for courts to adjudicate on love, romance, and elopement, on the other. Further, in conjunction with raising the age of consent, other changes such as mandatory reporting of sexual activity among adolescents, especially by hospitals, have increased family control on adolescents’ sexuality and strengthened regressive social norms linked to marriages. One of the most troubling developments is the resulting barriers to adolescents’ access to reproductive and sexual health care. This paper explores how laws devised to address harm and extend protection to children play into dominant social norms and are in the service of protectionist and patriarchal control on young people and their sexuality.
Vasundhara R Mohan
WHY GIRLS RUN AWAY TO MARRY
Amrita Nandy
Why Girls Run Away To Marry - Adolescent Realities and Socio Legal Responses in India
Based on stories of girls from three cities, this study introduces the issue of self-arranged marriages into the debate on child and early marriage in India. It provides qualitative insights into the contexts within which young relationships develop and are compelled into elopements, and to show how punitive legal responses cause harm on young lives. "The report is fascinating because it highlights some of the most crucial complexities that surround the issue of women’s freedoms...... it is heart-breaking to read of a 17-year-old girl sent to a remand home and a 19-year-old boy imprisoned merely for the ‘crime’ of sleeping together or running away to get married." - Vaishna Roy, "How young is too young for consensual sex?", The Hindu, 2019.
The Rape Law and Constructions of Sexuality (2018)
This resource book explores the role of law in regulating female sexuality, by contextualizing the rape law within the broader socio-cultural understanding of gender and caste as sites of power and privilege. Written in simple language, it is intended to make accessible a critical understanding of sexuality as a site of power, state control, and political struggle for those sections of activists and change agents who have little or no access to such resources on the law. This resource book is designed to complement PLD’s trainings, while also being a stand-alone reading for students and social workers alike. It may also be of interest to those curious about feminist critiques of sexuality and the law.
Southern Region Consultation on Adolescent Sexuality and the Law (2019)
Partners for Law in Development (PLD) in partnership with Tulir organized a two-day consultation to understand and discuss the criminalization of adolescent sexuality. This consultation sought to addressing particular the impact of laws and policies on adolescent sexuality, crisis intervention services, sexual and reproductive health and capacity development. Sixty participants representing individual practitioners as well as about 35 organizations working with adolescents across the domains of healthcare, education, sexuality and law came together to debate and discuss the specific opportunities and challenges presented by legal and state-driven interventions and mandates as well as the methods and avenues they used to navigate these structures.
Nawaz Haque
Recognizing the need of lawyers and Juvenile Justice Board members to be aware of important judgments / orders of Apex Court and High Courts for adding extra mile in their wisdom and widen their knowledge base; this handbook has been developed to acquaint all those stakeholders and organizations involved in the implementation of Juvenile Justice Act, 2015. Indeed there is a lot of painstakingly work and long process of identifying and collecting different cases covering several issues like Bail, Determination of Age / Juvenility, Pendency of cases, Sentencing etc. In order to bring uniformity in understanding and to ensure easy applicability of the law, above said issues were covered in judicial perspective. We also added some judgments before year 2000 for better understanding and thoughtful approach for the implementers of law and administration of justice. We hope that this document would be useful not only to concerned stakeholders but also the students of law who are very much interested in procedural laws.
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Child Marriage Impact Case Study
Working closely with the government’s National Council for the Protection of Child Rights (NCPCR), our evidence contributed directly to the Supreme Court of India’s 2017 landmark judgement ruling that a man who has sex with his wife where she is less than 18 years old is committing rape. In 2020, Young Lives was again invited to work with the NCPCR to provide evidence to a new government task force (the ‘Jaitly Taskforce’) which is considering increasing the legal age of marriage for women from 18 to 21 years of age, at a time of huge social and economic upheaval caused by the COVID-19 pandemic.
YL Impact Case Study Child Marriage.pdf
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5.2. Impact of Child Marriage on Sexual and Reproduc ve Health of Women and Health Outcomes on Children 46 5.3. Physical Mobility 53 Chapter 6 : SYSTEMIC RESPONSE AND GAPS OR CONVERGENCE BETWEEN COMMUNITY AND SYSTEM 52-82 6.1. Reported Trend of Child Marriage and Impact of COVID-19 56 6.2. Impact of COVID-19 on Incidence of Child Marriage 57 6.3.
A case study on how child marriage affects health outcomes in an adolescent's life ICPH/ Public Health Desk/ Case study series / June 2019/ Bhaani Singh younger peers to refrain from getting married at an early age like she did. Calling her actions, "a mistake," she encourages young women to establish their careers before getting married. ...
The report was made possible by support from the Canadian Red Cross. Chemin des Crêts 17 Petit-Saconnex 1209 Geneva, Switzerland Telefax: +41 22 730 4200 E-mail: [email protected] Web site: www.ifrc.org. Case Study Report: Action by Red Cross and Red Crescent National Societies to Prevent and respond to Child Marriage.
riage in the United States is to directly count the number of children married below the age of 18. The most comprehens. ve efort to do so to date was conducted by the Public Broadcasting System (PBS) for their Frontline1In this report, child marr. age is defined as any marriage or informal union where one or both parties are under the age of ...
Towards Ending Child Marriage: Global trends and profiles of progress Key messages • Child marriage is a harmful practice detrimental to girls' well-being and in violation of their rights • It is becoming less common. Still, it affects 650 million girls and women around the world, and global progress is not fast
2 1 Introduction As of 2018, 650 million girls and women had married before the age of 18 globally (UNICEF, 2018a).1 Child marriage, a formal marriage or informal union2 before age 18, is a human rights violation3 with a wide range of negative outcomes, including constrained access to education, poorer reproductive health and mental health, and increased risk of intimate partner
2. Trends in Data Sources for Analyzing the Context of Child Marriage 30 3. Analysis of Child Marriage Correlates, Determinants, Social Context 31 A. Quantitative Research 31 B. Qualitative and Mixed Methods Research 33 4. Consensus on the Importance of Gender Norms and Power Structures 34 A. Gender and Sexuality 35
Young Lives Impact Case Study Influencing policy on child marriage in India and Ethiopia 2 shows that the root causes of the disadvantages faced by girls are connected with the need to safeguard social reputation (and so future perceived marriageability) and prepare for adulthood, often in a context of risk and inadequate resources. 1.
This series of case studies on S4T groups demonstrates how this common livelihoods-strengthening intervention can also support efforts to end child marriage. The report has been compiled from a desk review of available industry data and evidence of promising practices from programmes in Ghana, Mozambique and Sierra Leone. World
Based on stories of girls from three cities, this study introduces the issue of self-arranged marriages into the debate on child and early marriage in India. It provides qualitative insights into the contexts within which young relationships develop and are compelled into elopements, and to show how punitive legal responses cause harm on young ...
Child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade (Fig 1). In the last five years, it declined by 3.5% points to reach 23.3%. 43% women aged 20-24 years are married by age 20, and 61% are married by age 21. Child marriage, when computed for the younger cohort of
• Child marriage is a harmful practice detrimental to girls' well-being and in violation of their rights • It is becoming less common. Still, it affects 650 million girls ... studies and programme evaluations. For the most part, studies point to root causes and exacerbating factors that contribute to child marriage. In addition, research has
1). The standardized regression coeficients show that female schooling continues to have the strongest efect on the age at marriage (β=.338, p=.000), even after controlling for the efects of other individual characteristics such as locality, household wealth, husband's schooling and religion and ca.
More than 40 per cent of the world's child marriages take place in India. Almost half of all girls here marry before the age of 18 years; 47 per cent of women aged 20 to 24 were married before age 18.1 Between 1992-93 and 2005-06, the incidence of child marriage in India declined by approximately 7 per cent.2 In some states, however, child ...
child marriage that is constructive and appropriate to context. This report is divided into eight substantive parts. The first section provides the objectives of the research and the second describes the methodology used. The third section examines the definitions, scope and manifestations of child marriage at the national and local level. The
There are three types of marriages in Zimbabwe. C ivil marriage ( Marriage Act 5.11) sets the legal. age of marriage at 16 and permits marriage below 16 on consent by the Chief Justice or Minister ...
ARTICLE INFO. ABSTRACT. Marriage o f girls less than 18 y ears is a fundamental violation o f their human rights including their. sexual and. study it was found that poverty i s one of the major ...
In 2020, Young Lives was again invited to work with the NCPCR to provide evidence to a new government task force (the 'Jaitly Taskforce') which is considering increasing the legal age of marriage for women from 18 to 21 years of age, at a time of huge social and economic upheaval caused by the COVID-19 pandemic. YL Impact Case Study Child ...
Using therapy logs and transcriptions, we employed a narrative case study to understand the family dynamics and therapeutic interventions. The identified characteristics of family dynamics were as follows: First, both parents had formed a negative internal working model and dysfunctional coping style due to their family-of-origin experiences.
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