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NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

PERSONAL LAW-1

PROJECT ON
CHILD MARRIAGES IN ODISHA

SUBMITTED TO:
MR. OWAIS HASAN KHAN

SUBMITTED BY:
HARSHVARDHAN PABRI(2014/BA.LLB/016)

UDAYBHANU MISHRA(2014/BA.LLB/054)
TABLE OF CONTENTS

INDEX OF AUTHORITIES ........................................................................................................ 3


LIST OF CASES ...................................................................................................................................... 3
LIST OF STATUTES .............................................................................................................................. 3
OTHER AUTHORITIES......................................................................................................................... 4
BOOKS ..................................................................................................................................................... 6
ARTICLES ............................................................................................................................................... 6
INTRODUCTION......................................................................................................................... 8
INCONSISTENCIES BETWEEN PERSONAL LAWS AND SECULAR LAW .................. 9
THE HINDU MARRIAGE ACT, 1956 ................................................................................................... 9
MUSLIM PERSONAL LAWS................................................................................................................. 9
INDIAN CHRISTIAN MARRIAGE ACT (ICMA) .............................................................................. 10
OTHER PERSONAL LAWS ................................................................................................................. 10
THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 .................................................. 11
CHILD MARRIAGES IN ODISHA ......................................................................................... 13
SOCIAL FACTORS AND STATISTICAL TRENDS........................................................................... 13
HAZARDS OF CHILD MARRIAGE ................................................................................................... 15
LAWS TO PREVENT CHILD MARRIAGES ........................................................................ 18
SOCIAL MEASURES TO PREVENT CHILD MARRIAGES ............................................. 20
CONCLUSION ........................................................................................................................... 21

2
LIST OF CASES
INDEX OF
AUTHORI
TIES
Abdul Karim v Amina Bai, 37 Bom LR 398. ................................................................................. 9
Jiten Bouri v State of West Bengal, [II (2003) DMC 774] Cal. ..................................................... 8
Laxmi Devi v State, Writ. Petition (Crl) No.338/2008 Decided on 27.07.2012. ........................ 10
Laxmi Devi v State, Writ. Petition (Crl) No.338/2008 Decided on 27.07.2012. ........................... 8
M Janaki v K Vairamuthu, C.M.A (MD) No. 100 of 2016, delivered on 15/02/2106 ................... 8
Makemalla Sailoo v Superintendent of Police Nalgonda District , [II (2006) DMC 4 AP] ........... 8
Seema Beghum v State of Karnataka, Writ Petition No. 75889 of 2013...................................... 10
Yusuf Ibrahim Mohammad Lokhat v State of Gujarat, Application No. 13658 of 2014, Decided
On: 02.12.2014. ......................................................................................................................... 11
LIST OF STATUTES
Article 21 A, The Constitution of India. ....................................................................................... 15
Article 23, The Convention on the Rights of the Child, 1992. ..................................................... 15
S. 10, Prohibition of Child Marriage Act, 2006............................................................................ 10
S. 13, The Commissions for Protection of Child Rights, 2005. ................................................... 15
S. 14(xii), The Juvenile Justice Act, 2016. ................................................................................... 17
S. 15, Prohibition of Child Marriage Act, 2006.............................................................................. 8
S. 2(a), Prohibition of Child Marriage Act, 2006. ........................................................................ 10
S. 2(j), The Orissa Prohibition of Child Marriage Rules, 2009. ................................................... 18
S. 3(1), 3(3), The Prohibition of Child Marriage Act, 2006. ........................................................ 17
S. 3(1), The Right of Children To Free and Compulsory Education Act, 2009. .......................... 15
S. 3(l), Prohibition of Child Marriage Act, 2006. ......................................................................... 10
S. 4 (3), Prohibition of Child Marriage Act, 2006. ....................................................................... 10
S. 4(1), The Orissa Prohibition of Child Marriage Rules, 2009. .................................................. 17
S. 4(1), The Prohibition of Child Marriage Act, 2006. ................................................................. 17
S. 7, The Prohibition of Child Marriage Act, 2006. ..................................................................... 17
S. 9, 10, The Prohibition of Child Marriage Act, 2006. ............................................................... 17
S. 9, Prohibition of Child Marriage Act, 2006.............................................................................. 10
S.3(a), The Orissa Prohibition of Child Marriage Rules, 2009. ................................................... 17

3
S.3, The Prevention of Children From Sexual Offences Act, 2012.............................................. 17
OTHER AUTHORITIES

205th Law Commission of India Report, Proposal to Amend the Prohibition of Child Marriage
Act, 2006 And Other Allied Laws, 6, (2008), available at
http://lawcommissionofindia.nic.in/reports/report205.pdf, last seen on 31/03/2016................ 10
Abhishek Kumar Pandey, Concept of Marriage in Muslim Law, Legal Service India available at
http://www.legalserviceindia.com/article/l162-Concept-of-Marriage-in-Muslim-Law.html, last
seen on 01/04/2016...................................................................................................................... 8
Abhishek Mohanty, Need Stressed to Develop Mechanisms for Curbing Child Marriages, Odisha
e- Samachar, (31/08/2015) available at: http://eodishasamachar.com/en/need-stressed-to-
develop-mechanisms-for-curbing-child-marriages/, last seen on 22/03/2016. .........................
14
Akhila Kolisetty, Child Marriage in India: Loopholes in the Law, INT LAW GRRLS Blog,
available at http://ilg2.org/2015/07/02/child-marriage-in-india-loopholes-in-the-law/, last seen
on 01/04/16................................................................................................................................ 11
American Jewish World Service, Early and Child Marriage in India, A Landscape Analysis,
available at: http://www.nirantar.net/public/site/files/EM_Report_30-4-15.pdf, last seen on
19/03/2016................................................................................................................................. 14
Ashok KM, Child Marriage do not become automatically void,, Live Law, available at ............. 8
Census Department of India, Annual Report 2011-12, Odisha Factsheet, available at:
http://www.censusindia.gov.in/vital_statistics/AHSBulletins/AHS_Factsheets_2011_12/Odish
aFactsheet_2011-12.pdf, last seen on 20/03/2016. ................................................................... 14
Development Focus, Experiences from Jharkhand and Odisha on Child Program, India,
available at: http://devfocus.in/wp-content/uploads/2014/12/Experiences-from-Jharkhand-
Orissa-on- Child-Marriage-Program-A-DF-Publication.pdf, last seen on 22/03/2016.
............................. 19
DNA India, Orissa Frames Rules to Prevent Child Marriages, available at:
http://www.dnaindia.com/india/report-orissa-frames-rules-to-prevent-child-marriages-
1288325, last seen on 18/03/2016. ............................................................................................ 19
Kundan Kumar, Pranab Ranjan Choudhary, Soumendra Sarangi, A Socio-Economic and Legal
Study of Scheduled Tribes Land of Orissa, The World Bank Reports, available at:
4
http://siteresources.worldbank.org/INTINDIA/Resources/Kumar1.pdf , last seen on
21/03/2016................................................................................................................................. 12
Manish Kumar, Child Marriage an Inescapable Reality in Odisha, The Orissa Post, (5/03/2015),
available at: http://www.orissapost.com/child-marriage-an-inescapable-reality-in-orissa/, last
seen on 5/03/2015...................................................................................................................... 12
Ministry of Tribal Affairs, Demographic Status of Scheduled Tribe Population of India, available
at: http://tribal.nic.in/WriteReadData/userfiles/file/Demographic.pdf, last seen on 17/03/2016.
................................................................................................................................................... 12
Naba Kishore Pujari, Odisha Girl Says No To Child Marriage, Action Aid, available at:
http://www.actionaid.org/india/2015/05/odisha-girl-says-no-child-marriage, last seen on
23/03/2016................................................................................................................................. 14
National Family Health Survey, Key Indicators from Orissa from NFHS-3, available at:
http://rchiips.org/nfhs/pdf/Orissa.pdf, last seen on 16/03/2016. ............................................... 13
National Law University Odisha, Centre for Child Rights Newsletter 2015, available at:
http://www.nluo.ac.in/publications/publications_1440127954.pdf, last seen on 19/03/2016. . 14
News Track India, Child Marriages Still Common in Odisha, News Track India (18/08/2012),
available at: http://newstrackindia.com/newsdetails/2012/8/18/107-Child-marriages-common-
in-Odisha-reveals-a-study.html, last seen on 22/03/2016. ........................................................ 13
No straightjacket formula on marriageable age of girls, Law Live, ............................................. 11
Odisha Diary Bureau, In Odisha Census Reveals That 11000 girls below the age of 15 have given
birth to babies, available at: http://www.orissadiary.com/CurrentNews.asp?id=60534, last seen
on 24/03/2016............................................................................................................................ 19
Prasanta Jena, Child Marriage Thwarted in Odisha, The Business Standard, (14/03/2016),
available at: http://www.business-standard.com/article/pti-stories/child-marriage-thwarted-in-
odisha-116031400254_1.html, last seen on 22/03/2016. .......................................................... 12
Ramesh Jena, Study of Kandha Tribe, Scheduled Castes and Scheduled Tribes Research and
Training Institute, available at: http://www.kbk.nic.in/tribalprofile/KANDHA.pdf, last seen on
23/03/2016................................................................................................................................. 13
S. Raju, Low Literacy Leads to Child Marriage, The Hindu, (22/05/2015) available at:
http://www.thehindu.com/news/national/other-states/low-literacy-leads-to-child-marriage-
study/article7233083.ece, last seen on 19/03/2016. ..................................................................
19

5
Sarada Lahangir, How A Unique Initiative Is Empowering Girls in Odisha To Say NO To
Untimely Marriages, available at: http://www.youthkiawaaz.com/2015/03/child-marriage-in-
odisha/, last seen on
22/03/2016.................................................................................................................... 16
Satyasundar Barik, Child Brides Serve Probation Period before marriage in Odisha village,
The Hindu (18/02/2015), available at: http://www.thehindu.com/news/national/other-
states/child- brides-serve-probation-period-before-marriage-in-odisha-
village/article6906747.ece, last seen on
20/03/2016............................................................................................................................ 15
State Commission for Women, Success Story of Eradication of Child Marriage, available at:
http://oscw.nic.in/?q=node/31%27%3B, last seen on 23/03/2016. ........................................... 18
Suresh Ediga, Child Marriages A More Visible Form of Child Abuse, available at:
https://factly.in/child-marriages-in-india-reasons-state-wise-analysis-child-abuse/, last seen on
25/05/2016................................................................................................................................. 15
TARUN JAIN, Child Marriage in India: Policy change proposed by the Law Commission of
India, Law-In-Perspective, available at http://legalperspectives.blogspot.in/2008/02/child -
marriage- in-india-policy-changes.html, last seen on
01/03/2016............................................................. 10
The Statesman, Child Marriage, A Social Issue Which Needs To Be Curbed, available at:
http://www.thestatesman.com/news/odisha/child-marriage-a-social-issue-to-be-
curbed/78517.html, last seen on 25/03/2016............................................................................. 19
Unicef India, Child Marriages in Odisha, available at:
http://www.unicef.in/Itstartswithme/childmarriage.pdf, last seen on 14/03/2016. ................... 14
BOOKS
Prof Kusum, Indian Law of Marriage and Divorce,326 (8th ed, 2011) .......................................... 8

ARTICLES
Action Aid, RTE up to 18 years can stop child marriage, The Orissa Post, (21/05/2015),
available at: http://www.orissapost.com/rte-up-to-18-years-can-stop-child-marriage/, last seen
on 18/03/2016............................................................................................................................ 12
Damodar Sahu, Saritha Nair, Lucky Singh, Levels, Trends & Predictors of Infant and Child
Mortality Among Scheduled Tribes in Rural India, 17 Indian Journal of Medical Research, 709
(2015). ....................................................................................................................................... 15
6
Dr. Shruti Das, Mo-Kahani, The Memoir of Kunja Behari Dash: A Portrait Gallery of Pre-
Modern Rural Odisha. 5, Odisha Law Review, 5, 7 (2014). .................................................... 13
Express News Service, Stop Child Marriage, NCW urges State Government, The Indian Express
(11/05/2013), availableat:http://www.newindianexpress.com/states/odisha/Stop-child-
marriageNCW-urges-state-government/2013/05/11/article1584676.ece, last seen on
15/03/2016................................................................................................................................. 13
Laxman Kumar Sahoo, Socio-Economic Profile of Tribal Populations in Mayurbhanj and
Keonjhar Districts, 2, Orissa Law Review, 11, 12 (2011)........................................................ 13
Rukmini S., Child Marriages Still Rampant, The Hindu (07/12/2014), available at:
http://www.thehindu.com/news/national/child-marriages-still-rampant/article6668638.ece, last
seen on 12/03/2016.................................................................................................................... 13

7
INTRODUCTION
In Indian society people still follow the practice of child marriage as a culture. Marriage
solemnized where two person girl and boy who are below the age of majority as defined in law
for boy 21 and girl is 18. This practice frequently happened only in rural areas because of
illiteracy, poverty, and social customs or thinking that women is a financial burden. Child
marriages have their own consequences such as health issues of women due to early age
pregnancies. British government enacted law for restrained the child marriage in 1929 Child
Marriage Restraint Act. British Government also view this issue as a social evil. Though, the
marriage is voidable at the option of the contracting parties. However offender gets less
punishment, and less amount of fine. After the independence, Indian government amended the
marriage law and increased the marriageable age.

However, the reformation in the laws has not been sufficient enough to bring about a change in
the situation i.e. the situation of child marriages are still prevalent in the country and in Odisha in
particular. Through this project, the authors will be analyzing the laws prevalent and the social
conditions pertaining to child marriage in the state and after that make a coherent analysis as to
the gravity of the issue prevalent and the urgency of the problem which needs to be addressed
taking into account the laws and the various social factors and measures into account.

8
INCONSISTENCIES BETWEEN PERSONAL LAWS AND
SECULAR LAW
THE HINDU MARRIAGE ACT, 1956
According to Hindu Marriage Act, both bridegroom and bride should complete the marriageable
age like 21 and 18 respectively1. Child marriage is a cognizable offence, and it is non-bail able2.
There is no clear provision which prohibits the child marriage as such. If child marriage already
solemnized then parties have option to void the marriage at any time after attaining majority like
girl who got married at 15, she can void the marriage after completing 18. And there are no
provisions where parents are held liable for solemnized child marriage. But whosoever was or is
solemnizing the child marriage will be punished3. Jiten Bouri v State of West Bengal in this case
the girl has not attain the majority. Even though allow the girl to live with her husband by saying
that its her own discretion whether she want to join husband4. Because law is silent on child
marriage neither void nor voidable. According to Child marriage Restraint act and Hindu
Marriage act, it is an offence but are not void.5 Madras High Court6 said that it not correct to say
that held child marriage become void automatically. Suppose there is a prolonged cohabitation
between the parties which direct made a presumption of marriage7.

MUSLIM PERSONAL LAWS


According to Muslim law it is clear that there is no age limit for marriage 8. For Muslim marriage
person has to attain the age of puberty and should be sound mind9. Provision of Muslim law is
according to sharia or Quran and in Quran age is mentioned for boy is 12 and 9. There should be
proper offer and acceptance between the parties. If father or paternal grandfather gives consent
on

1
S. 5 (iii), Hindu Marriage Act and Divorce Act, 1955.
2
S. 15, Prohibition of Child Marriage Act, 2006.
3
Laxmi Devi v State, Writ. Petition (Crl) No.338/2008 Decided on 27.07.2012.
4
Jiten Bouri v State of West Bengal, [II (2003) DMC 774] Cal.
5
Makemalla Sailoo v Superintendent of Police Nalgonda District , [II (2006) DMC 4 AP]
6
Ashok KM, Child Marriage do not become automatically void,, Live Law, available at
http://www.livelaw.in/child-marriages-not-become-automatically-void-madras-h, last seen on 01/04/2016.
7
M Janaki v K Vairamuthu, C.M.A (MD) No. 100 of 2016, delivered on 15/02/2106
8
Abhishek Kumar Pandey, Concept of Marriage in Muslim Law, Legal Service India available at
http://www.legalserviceindia.com/article/l162-Concept-of-Marriage-in-Muslim-Law.html, last seen on 01/04/2016.
9
Prof Kusum, Indian Law of Marriage and Divorce,326 (8th ed, 2011).

9
behalf of minor child then minor has option to void the marriage on his attaining puberty10
otherwise marriage will amount to be valid marriage. If the girl below the age of 15 year then the
marriage is void ab initio even though there was lawful consent flow from the guardian11.
Interpretation of Muslim Personal law provision done according to sharia or Quran.

INDIAN CHRISTIAN MARRIAGE ACT (ICMA)


According to ICMA, if the contracting parties are minors then 14 days of preliminary notice has
to be renders. Marriage can be taken place after the expiration of said given period without the
consent of their guardians.

OTHER PERSONAL LAWS


In Parsi Marriage and Divorce Act, a child marriage is completely prohibited and it is invalid.
Though, the Act is not mentioned the age criteria where the provisions for an invalid marriage
are recorded.

Jewish law in India is not codified. The age of puberty is treated the age of marriage that is 12
years or above 12 years.

10
Abdul Karim v Amina Bai, 37 Bom LR 398.
11
Ibid

10
THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
Because of the unsuccessfulness of Child Marriage Restraint Act, 1929, a new law to substitute it
was passed in form of Prohibition of Child Marriage Act, 2006. Law defines the age of boy 21
and girl 1812, if marriage solemnized between them contrary to this then marriage is voidable 13.
This marriage can be void by any of the contracting parties within 2 year after attaining majority
age14. If the marriage get dissolved then girl will entitled to get maintenance. And husband is
bound to pay maintenance15 if he is a major. Parent of husband will be liable to pay
maintenance to girl child if he is minor. Child marriage solemnized then the marriage deemed to
be voidable and not void ab initio. However, if the child took away from legal guardian by fraud,
deceit 16 and marriage solemnized only for trafficking17 or any other immoral purpose The Act
foresees for preventing child marriages with higher punishments of severe imprisonment for two
years and/or 1 lakh fine18. Then the marriage would be void. Child Marriage Prohibition Officer
appointed by the government as mentioned in PCMA, 2006. His duty is to spread awareness
among people about evil consequences of child marriage and to prevent child marriage.

In this case Laxmi Devi v State19 Delhi High Court in decide the questions which was arose in
case was the validity of marriage and guardianship. Court said that now girl attained the
majority and no application filed by the girl to declare the marriage as void. Hence the marriage
becomes valid. Therefore the next question of guardian does not arise because she already
attained the age of majority, so she has complete freedom with whom she want to go. Another
same decision was given by Karnataka High Court in Seema Beghum v State20. Another decision
of Gujarat High Court in case of Yusuf Ibrahim Mohammad Lokhat v State of Gujarat perceived
that if both boy
and girl attained the age of puberty then they are free to marry with each other without consent
of

12
S. 2(a), Prohibition of Child Marriage Act, 2006.
13
S. 3(l), Prohibition of Child Marriage Act, 2006.
14
205th Law Commission of India Report, Proposal to Amend the Prohibition of Child Marriage Act, 2006 And
Other
Allied Laws, 6, (2008), available at http://lawcommissionofindia.nic.in/reports/report205.pdf, last seen on
31/03/2016.
15
S. 4 (3), Prohibition of Child Marriage Act, 2006.
16
S. 10, Prohibition of Child Marriage Act, 2006.
17
TARUN JAIN, Child Marriage in India: Policy change proposed by the Law Commission of India, Law-In-
Perspective, available at http://legalperspectives.blogspot.in/2008/02/child -marriage-in-india-policy-changes.html,
last seen on 01/03/2016.
18
S. 9, Prohibition of Child Marriage Act, 2006.
19
Laxmi Devi v State, Writ. Petition (Crl) No.338/2008 Decided on 27.07.2012.
20
Seema Beghum v State of Karnataka, Writ Petition No. 75889 of 2013.
11
parent as per Muslim Personal Law21. In this case, it also said that PCMA will be application in
relation to age of the contracting parties22. These issues are not yet decided by the Supreme Court
hence the ambiguity still remain in the law whether PCMA also applicable in all Personal Law.

Supreme Court perceived that there is no hard and fast rule to determine the marriageable age of
girl. Apex Court said that child marriage shall be voidable and not void ab initio and contracting
parties who was minor at the time of marriage have option to revoke the marriage23.

21
Yusuf Ibrahim Mohammad Lokhat v State of Gujarat, Application No. 13658 of 2014, Decided On: 02.12.2014.
22
Akhila Kolisetty, Child Marriage in India: Loopholes in the Law, INT LAW GRRLS Blog, available at
http://ilg2.org/2015/07/02/child-marriage-in-india-loopholes-in-the-law/, last seen on 01/04/16.
23
No straightjacket formula on marriageable age of girls, Law Live,
Available at http://www.livelaw.in/no-straightjacket-formula-on-marriageable-age-of-girls-says-sc/, last seen on
01/04/2016.

12
CHILD MARRIAGES IN ODISHA

SOCIAL FACTORS AND STATISTICAL TRENDS


Like the majority of the states in India, where child marriage is a prevalent custom among many
Hindu communities, Odisha is one of the states which has a rampant practice of child marriage
which is still prevalent in the 21st century which has been going on in the state since a long
period of time.24 Owing to the fact that, there consists a huge rural population which consists of
poor and illiterate masses of people who deem it fit, to give away their daughters at an early age
because of the generally perceived notion of daughters being burdensome on their families.25
Many families due to their weaker financial position and also inability to pay a huge sum of
dowry, prefer marrying of their daughters at an early age so as to relive themselves from the
burden of taking care of their daughters, and instead want them their daughters to have their own
families so as to relieve themselves of the responsibilities of educating and then marrying them
off which is a more cumbersome process for majority families belonging to a poor background.26

Odisha as is well-known is home to a considerable amount of tribal population, i.e. it has around
27% tribal population out of its entire population.27 Unlike other places in Odisha, more than a
compulsion, it is a custom in which there is early marriage in tribal communities i.e. the tribal
people get their girls married off before attaining the age of 16.28 In many tribes in the
northwestern part of the state namely in Mayurbhanj, Sunabeda, Jharsuguda, Bairpada, Keonjhar,
Kalinga Nagar etc. it is a commonly prevalent practice of marrying of the daughters at a young
age, for the Bonda and Gondo tribals of this particular region it is customary belief to get the
daughter married of at
an early age because it is largely believed late marriage would give rise to issues of fertility and

24
Prasanta Jena, Child Marriage Thwarted in Odisha, The Business Standard, (14/03/2016), available at:
http://www.business-standard.com/article/pti-stories/child-marriage-thwarted-in-odisha-116031400254_1.html, last
seen on 22/03/2016.
25
Manish Kumar, Child Marriage an Inescapable Reality in Odisha, The Orissa Post, (5/03/2015), available at:
http://www.orissapost.com/child-marriage-an-inescapable-reality-in-orissa/, last seen on 5/03/2015.
26
Action Aid, RTE up to 18 years can stop child marriage, The Orissa Post, (21/05/2015), available at:
http://www.orissapost.com/rte-up-to-18-years-can-stop-child-marriage/, last seen on 18/03/2016
27
Ministry of Tribal Affairs, Demographic Status of Scheduled Tribe Population of India, available at:
http://tribal.nic.in/WriteReadData/userfiles/file/Demographic.pdf, last seen on 17/03/2016.
28
Kundan Kumar, Pranab Ranjan Choudhary, Soumendra Sarangi, A Socio-Economic and Legal Study of Scheduled
Tribes Land of Orissa, The World Bank Reports, available at:
http://siteresources.worldbank.org/INTINDIA/Resource s/Kumar1.pdf , last seen on 21/03/2016.

13
menstrual cycle among their daughters.29 It is a widely believed thing or belief among the tribal
community that to ensure that girls have a fertile marriage and can reproduce early, they are
given away into marriages in an early age.30

It is not just about the girls, even in many places in Odisha it is a prevalent practice of getting
sons married off at an early age majorly because of the fact, in case the boy grows old and goes
to the city for finding work, at least the parents would have daughter-in-law to look after
31
them.
Generally, many people in the rural areas follow this custom of marrying of their sons at an early
age as is a customary practice which is still prevalent with the aim providing more time for
reproductive activities and also early marriages are conducted within the community so that in
the future the sons cannot marry out of their choice outside the community which is considered
inauspicious and not good for the welfare of the family.32

As per a report made by the Health Department of the Govt. of Odisha, around 5.8 percent of the
total girl population and 7.6 of the total population of the boys in rural areas and 3.3 percent of
the total girl population and 4.5 of the total population of the boys in urban areas are married off
before the attainment of the marriageable age.33 Moreover, in over 70% of the cases, the
marriages were conducted without the marrying partying agreeing to it, i.e. instead of marrying
them off, the children were rather forced or coerced into marriage against their will. 34 Moreover,
in rural areas around 37.2% of the entire girls as of 2007-08, were already having children or
were pregnant with their first child in the age group of 15-17.35 Malkangiri has the highest child
marriage population
with 78.1%l, followed by Koraput, Mayurbhanj, Kalahandi where child marriages are still

29
Laxman Kumar Sahoo, Socio-Economic Profile of Tribal Populations in Mayurbhanj and Keonjhar Districts, 2,
Orissa Law Review, 11, 12 (2011).
30
Ramesh Jena, Study of Kandha Tribe, Scheduled Castes and Scheduled Tribes Research and Training Institute,
available at: http://www.kbk.nic.in/tribalprofile/KANDHA.pdf, last seen on 23/03/2016.
31
Dr. Shruti Das, Mo-Kahani, The Memoir of Kunja Behari Dash: A Portrait Gallery of Pre-Modern Rural Odisha.
5, Odisha Law Review, 5, 7 (2014).
32
Express News Service, Stop Child Marriage, NCW urges State Government, The Indian Express (11/05/2013),
availableat:http://www.newindianexpress.com/states/odisha/Stop-child-marriageNCW-urges-state-
government/2013/05/11/article1584676.ece, last seen on 15/03/2016.
33
News Track India, Child Marriages Still Common in Odisha, News Track India (18/08/2012), available at:
http://newstrackindia.com/newsdetails/2012/8/18/107-Child-marriages-common-in-Odisha-reveals-a-study.html, last
seen on 22/03/2016.
34
Rukmini S., Child Marriages Still Rampant, The Hindu (07/12/2014), available at:
http://www.thehindu.com/news/national/child -marriages-still-rampant/article6668638.ece, last seen on 12/03/2016.
35
National Family Health Survey, Key Indicators from Orissa from NFHS-3, available at:
http://rchiips.org/nfhs/pdf/Orissa.pdf, last seen on 16/03/2016.
14
considered to be a common practice.36 The total figures i.e. the total number of children married
off both boys and girls as of 2012, amounts to a staggering 33 million in Odisha which further
tells us about the gravity of the situation prevalent in the state. 37

The official estimates only give a broader picture of how the grave the problem is with regards to
the problem of child marriages, however, the number of child marriages happening on a regular
basis is a problem which is still there in Odisha and they are far more than what the official
figures actually suggest about the problem.38 It is a grave situation which has to be addressed
seriously.

HAZARDS OF CHILD MARRIAGE


There are variety of economic and social compulsions which play a major role in child marriages
in the state of Odisha. However, while discussing about the socio-economic issues pertaining to
child marriage there is also a need to discuss about the hazards associated with child marriage to
further give an account as to the gravity of the problem besides being illegal or prohibited by the
law.39 It is said that the age of puberty in a woman can be attained at the age of 15 but the ideal
age to reproduce is after 20 years after the body of a woman is fully matured enough to deal with
requirements of pregnancy, however child marriages lead to an increased risk of pregnancy and
childbirth related complications which endangers the health of the mother.40 Moreover, it is to be
understood that teenage pregnancies can endanger health of both the mother and child and often
it happens that a teenage bride or teenage married girl just after attaining puberty is forced into
pregnancy as the in-laws want to increase the family line.41 Furthermore, it can be stated that
marrying off girls before the marriageable age amounts to child marriage as it is a case of forcing

36
National Law University Odisha, Centre for Child Rights Newsletter 2015, available at:
http://www.nluo.ac.in/publications/publications_1440127954.pdf, last seen on 19/03/2016.
37
Unicef India, Child Marriages in Odisha, available at: http://www.unicef.in/Itstartswithme/childmarriage.pdf, last
seen on 14/03/2016.
38
Abhishek Mohanty, Need Stressed to Develop Mechanisms for Curbing Child Marriages, Odisha e- Samachar,
(31/08/2015) available at: http://eodishasamachar.com/en/need-stressed-to-develop-mechanisms-for-curbing-
child-
marriages/, last seen on 22/03/2016.
39
Naba Kishore Pujari, Odisha Girl Says No To Child Marriage, Action Aid, available at:
http://www.actionaid.org/india/2015/05/odisha-girl-says-no-child-marriage, last seen on 23/03/2016.
40
American Jewish World Service, Early and Child Marriage in India, A Landscape Analysis, available at:
http://www.nirantar.net/public/site/files/EM_Report_30-4-15.pdf, last seen on 19/03/2016.
41
Census Department of India, Annual Report 2011-12, Odisha Factsheet, available at:
http://www.censusindia.gov.in/vital_statistics/AHSBulletins/AHS_Factsheets_2011_12/OdishaFactsheet_2011-
12.pdf, last seen on 20/03/2016.

15
them into marriage i.e. marrying them against their wishes.42 Moreover, it is in violation of the
right to health, education and nutrition of the young girls as per internationally recognized
standards i.e. it results in violation of their rights guaranteed under the United Nations
Convention on the Rights of the Child.43 Another problem with child marriages is that if in case
the brides are abused or assaulted, they are either not sufficiently educated or they are not old
enough to be assertive enough to walk out of the marriage due to fear of societal obligations.44
As many of the child marriages happen to due to financial or societal obligations, many children
who decide to end their marriages are many a times left with no other option of sustenance as by
opposing their in-laws, they are often disowned by their families who do not wish to take them
back.45

Because child marriages happen at an early age, i.e. below the age of 18, sometime even below
the age of 14, it disallows the children from being education. This amounts to the violation of
their right to free and compulsory education under the Constitution of India.46 In an era, where
the governments across the country are indulged in making schemes pertaining to education to
the children under various schemes, child marriages continue to function as an impediment in the
countries progress, by denying such children proper education which is essential to live life in a
dignified manner.47 Because of deprivation of education, the child brides are left with no other
option but to live in backwardness and besides that and in no position to take care of themselves
they are forced to submit to the wishes of their in-laws.48 In Odisha in particular there is a
particular practice of young girls, after marriage, serving a probation period after marriage
which is rampant in Bhubaneshwar, the state capital and also in the rural areas and other
towns.49 The practice is done to see whether the girls are capable of being good wives and able to
do the household chore, and in failure to do so they are sent back to their families which further
aggravates
their identity in the society as they are refused to be accepted by the in-laws and when they are

42
Suresh Ediga, Child Marriages A More Visible Form of Child Abuse, available at: https://factly.in/child-
marriages- in-india-reasons-state-wise-analysis-child-abuse/, last seen on 25/05/2016.
43
Article 23, The Convention on the Rights of the Child, 1992.
44
S. 13, The Commissions for Protection of Child Rights, 2005.
45
Damodar Sahu, Saritha Nair, Lucky Singh, Levels, Trends & Predictors of Infant and Child Mortality Among
Scheduled Tribes in Rural India, 17 Indian Journal of Medical Research, 709 (2015).
46
Article 21 A, The Constitution of India.
47
S. 3(1), The Right of Children To Free and Compulsory Education Act, 2009.
48
Ibid.
49
Satyasundar Barik, Child Brides Serve Probation Period before marriage in Odisha village, The Hindu
(18/02/2015), available at: http://www.thehindu.com/news/national/other -states/child-brides-serve-probation-
period- before-marriage-in-odisha-village/article6906747.ece, last seen on 20/03/2016.
16
sent back to their families, either the families refuse to take them back or they are not accepted
by any other family as daughter in-laws because of the fact they a girl failing to do her
household duties is considered to fulfill her marital obligations and is deemed unfit to be the
daughter in law of the house.50

Therefore all these factors combined with social stigma are the biggest impediments to progress
of the girl child and also the fact that a considerable portion of the society is not accept the
changes in the society in the modern era and get rid of this age old practice is the because
challenge of eradication of child marriages in Odisha and in India as a whole. 51 Therefore,
educating people about the menace of child marriage and educating the girl child need to be done
expeditiously for
letting go off this practice which is still prevalent in many parts of India.52

50
Ibid.
51
Sarada Lahangir, How A Unique Initiative Is Empowering Girls in Odisha To Say NO To Untimely Marriages,
available at: http://www.youthkiawaaz.com/2015/03/child-marriage-in-odisha/, last seen on 22/03/2016.
52
Ibid.

17
LAWS TO PREVENT CHILD MARRIAGES

The marriageable age for the girls under the law is 18 years and for the boys is 21 years, and as
per the law contravention of the same can lead to maximum of five years of imprisonment along
with a fine ranging from Rs. 1 lakh-2 lakh.53 The child marriage act also ensures the annulment
of such marriages between the contracting parties and such remedies can be enforceable in the
district courts.54 Moreover, the laws also provide for provision of maintenance to the bride by
either the husband or the in-laws for that matter.55 The district courts are also entitled to give
protection and take care of a child born out of a marriage where the girl is a minor or below the
age of 18 years.56
Moreover, a child under the marriageable age is considered to be a child needing protection
under the law.57

Odisha in particular has its own statute for prevention of child marriage and protection of those
who are victims of it. The District court judge i.e. a judge of the rank of Judicial Magistrate Rank
of First Class, can issue order for the restitution of the marriage or annulment of the
marriage.58As per the procedure the JMFC is to be approached through the Child Marriage
Prohibition Marriage Officer who is there in each district and then through him the appropriate
district court is to issue orders to either annul the marriage, impose fines upon the groom and the
family and besides that provide protection to the child born out of a child marriage.59 In addition
to that, for child brides abused by their in-laws sexually i.e. by father in-law or any other elder of
the family, they can be imprisoned upto 7 years for committing such offences.60 The reports of
the Department of Women and Child Welfare have claimed that from 2009-12, there have been
around 35000 attempts of
child marriages which have been foiled in the state in the southern and the north-western parts of

53
S. 9, 10, The Prohibition of Child Marriage Act, 2006.
54
S. 3(1), 3(3), The Prohibition of Child Marriage Act, 2006.
55
S. 4(1), The Prohibition of Child Marriage Act, 2006.
56
S. 7, The Prohibition of Child Marriage Act, 2006.
57
S. 14(xii), The Juvenile Justice Act, 2016.
58
S. 4(1), The Orissa Prohibition of Child Marriage Rules, 2009.
59
S.3(a), The Orissa Prohibition of Child Marriage Rules, 2009.
60
S.3, The Prevention of Children From Sexual Offences Act, 2012.
18
the state.61 The police machinery have also been provided with powers under the Odisha child
marriage rules for curbing the menace of Child marriages in the state.62

The laws in question have been framed with an objective of curbing the menace of child
marriage and if laws are properly implemented then there can be curing of the problem of child
marriage.

61
State Commission for Women, Success Story of Eradication of Child Marriage, available at:
http://oscw.nic.in/?q=node/31%27%3B, last seen on 23/03/2016.
62
S. 2(j), The Orissa Prohibition of Child Marriage Rules, 2009.

19
SOCIAL MEASURES TO PREVENT CHILD MARRIAGES

Though stringent laws are the need of the hour for the prevention of child marriages, there is also
a requirement of certain social measures which in the long run can play an essential role in
curbing the menace.63 More than knowing about the laws, it is the social backwardness or
illiteracy which is the major reason behind the child marriages happening in the state.64 It is
illiteracy of the parents and the contracting parties in particular is the major reason behind the
child marriages happening in the state of Odisha. 65

Moreover, in addition to that the fact that many communities treat this as a ritual or a customary
practice and associate it with cultural values is why even after independence the country in
particular has not been able to get rid of child marriage.66 Besides that the lack of awareness with
regards to the health related complications arising out of the teenage pregnancy and also
endangerment of the health of the child born out of such a wedlock is something which many of
the people are not aware of, and this is an issue which needs to be given utmost importance in
relation to creation of awareness.67

Finally coming to the laws in question, the fact that victims of child marriage are unaware about
their legal rights which they can avail as citizens of the country is a major hindrance in curbing
child marriages.68 Child marriages are still prevalent because of the fact that people are unaware
about their legal constitutional rights and therefore educating people about their rights is the most
important thing which needs to be done as a social measure for preventing child marriage. 69

63
Development Focus, Experiences from Jharkhand and Odisha on Child Program, India, available at:
http://devfocus.in/wp-content/uploads/2014/12/Experiences-from-Jharkhand-Orissa-on-Child-Marriage-Program-
A- DF-Publication.pdf, last seen on 22/03/2016.
64
DNA India, Orissa Frames Rules to Prevent Child Marriages, available at:
http://www.dnaindia.com/india/report- orissa-frames-rules-to-prevent-child-marriages-1288325, last seen on
18/03/2016.
65
S. Raju, Low Literacy Leads to Child Marriage, The Hindu, (22/05/2015) available at:
http://www.thehindu.com/news/national/other-states/low-literacy-leads-to-child-marriage-
study/article7233083.ece, last seen on 19/03/2016.
66
Ibid.
67
Odisha Diary Bureau, In Odisha Census Reveals That 11000 girls below the age of 15 have given birth to babies,
available at: http://www.orissadiary.com/CurrentNe ws.asp?id=60534, last seen on 24/03/2016.
68
The Statesman, Child Marriage, A Social Issue Which Needs To Be Curbed, available at:
http://www.thestatesman.com/news/odisha/child -marriage-a-social-issue-to-be-curbed/78517.html, last seen on
25/03/2016.
69
Ibid.

20
CONCLUSION

The problem of child marriage is a problem which is one of the burning issues in our country
even after 68 years of independence. Illiteracy, lack of legal and social awareness and other
societal obligations in Odisha are the reasons behind the ever rampant practice of child marriage.
This system affects the girls, as it makes them vulnerable to unhealthy pregnancies and other
such health complications. There is always a fear of being disowned by in-laws and rejection by
the society. Moreover, lack of education also makes the child brides vulnerable as they are
virtually left with no other source of livelihood and are generally dependent upon their in-laws
for their sustenance. Though there have been cases of child brides walking out of marriage and
educating themselves, but except for a few such stories, education and self-sufficiency is still a
distant dream for many of them. Therefore the need of the hour is to make laws stringent but
create awareness about the
menace of child marriage and therefore help to curb it.

21

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