Harshita Lalwani, Jindal Global Law School
1. INTRODUCTION
Child marriage is a union between children under 18. It is often the result of entrenched gender inequality, making girls disproportionately affected by the practice.1 It continues to prevail in India, despite various laws and bills passed to curb child marriage growth. As per the UNFPA report the age of marriage in India is increasing. The 2021 report, states that from 2016 to 2021 rate of child marriage dropped to 23.3%.2 In India, child marriages are still considered lawful until one of the spouses wants to annul the union. Despite punishment for participating in child marriages, the law does not state anything about the validity of child marriage. This paper analyses various legislation from pre-independent India to the present governing child marriages and the intervention of the state parallel to these laws, in regulation of Child marriages in India.
India is a signatory of ‘The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)’3 of 1993, as per this convention Child marriages have no legal effect. Article 16 of the CEDAW further states that should take all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.4 Yet, Child marriages continue to be practiced in India. India, is still not a signatory of United Nations Convention on Consent to Marriage, Minimum Age of Marriage, and Registration of Marriage, 19625 .
