Edited by Colin Hollingsead and Sudipta Rout
Abstract
Child marriage in India is both a taboo yet pervasive practice that exists across various rural regions and permeates into the country’s common religious beliefs. Because such a practice is heavily exploitative of children, the national government has attempted to regulate its occurrence primarily through the Prohibition of Child Marriage Act. However, this paper argues that this act has failed to adequately protect victims of child marriage by enabling most of these unions to remain legally valid until formally annulled by the parties subject to the marriage – a process that ensnares victims in initiating lengthy litigation amidst a conservative social climate. By thoroughly analyzing past case decisions, international norms, the constitutional standard and its enforcement, and consistency with the age of consent, this paper proposes concrete reforms to the provisions within the Prohibition of Child Marriage Act. These reforms aim to coherently uphold India’s legal precedents while prioritizing the protection of children who do not have a voice in situations of child marriage.
