Are Loopholes In The Prohibition Of Child Marriage Act, And Personal Laws Causing Losses

Are Loopholes In The Prohibition Of Child Marriage Act, And Personal Laws Causing Losses To The Indian Economy?

Ishita Bansal, Campus Law Centre, University of Delhi (2021-24)

Kritika Singh, Campus Law Centre, University of Delhi (2021-24)

ABSTRACT

The inspiration to write this paper came from the desire to approach the problem of declining economic growth from a legal point of view. A strong legislative framework is the most important tool in the hands of policymakers and India, being a welfare economy, where girls are disproportionately affected by the practice of child marriage, laws to check the same must be reviewed.

The paper argues that India’s legal framework is not efficient in tackling the problem of child marriages. The inadequacy of such laws has a direct effect on economic growth and this paper, tries to show how this strong correlation between the two can be exploited to give the Indian economy the boost that it needs.

First, the paper has diagnosed several laws and provisions designed to abolish child marriages to find loopholes. The focus throughout the paper is on Prohibition of Child Marriage Act, 2006; Hindu Marriage Act, 1956; Muslim Personal Laws; Indian Christian Marriage Act, 1872; and judicial precedents. Further, a macroeconomic analysis has been provided of how fixing this legal framework can increase India’s GDP (Gross Domestic Product) by up to eighty- five billion dollars (rough estimate based on certain assumptions). Finally, the paper also talks about certain reforms that may be adopted to fix this problem at hand. This paper, is, therefore, based on a multidisciplinary approach.

Keywords: Child marriage, Economic Growth, Loopholes, Reforms, Personal Laws, Public Policy