Assam's Legal Strategy Proves Effective in Reducing Child Marriages

GS Paper I & II

News Excerpt:

Report titled "Towards Justice: Ending Child Marriage" by India Child Protection (ICP) highlights the success of Assam's legal intervention model in combating child marriages.

Assam Model for prevention of Child Marriage:

  • The "Assam Model" refers to the comprehensive strategy adopted by the Assam state government to combat child marriage through a combination of legal enforcement and community engagement. 

Key components of the model include:

  • Special Drives: The state conducts special drives against child marriages every six months.
  • Preliminary Surveys: Directed by the Director General of Police (DGP) to identify and plan for areas where child marriages are prevalent.
  • Arrests and FIRs: Legal action including the arrest of individuals involved in child marriages and filing of First Information Reports (FIRs) against them.
  • Zero-Tolerance Approach: A strict policy implementation throughout the state to stop any incident of child marriage. 
  • Awareness Programs: Initiatives to educate communities about the illegality and social consequences of child marriage.
  • Empowering Women (Nari Shakti): Efforts to empower women and girls, making communities more aware and proactive in preventing child marriages.
  • Surveys and Reports: Regular collection and analysis of data from villages to monitor the prevalence of child marriage and the impact of interventions.
  • Secular Application of Laws: Ensuring that laws such as POCSO (Protection of Children from Sexual Offences Act) and PCMA (Prohibition of Child Marriage Act) are applied on all superseding personal laws that might allow child marriage under religious or cultural norms.

Findings of the Report:

  • The report was released on the  World Day for International Justice which is celebrated on July 17.
  • According to the report an 81% reduction in child marriages across 20 districts in Assam was observed between 2021-22 and 2023-24.
  • The Assam model's effectiveness is evident in its complete eradication of child marriages in 30% of villages and a significant decline in 40% of villages studied.
  • This approach has garnered support from 98% of respondents in 12 out of 20 districts, who believe legal action is crucial in addressing child marriage cases.
  • National Context and Challenges
    • Despite the progress in Assam, child marriage remains a pressing issue nationwide.
    • The report indicates that three girls are married every minute in India, yet only three cases are registered daily.
    • Based on 2011 Census data, 4,442 girls under 18 were married each day.
    • The current backlog of child marriage cases in trial courts may take up to 19 years to clear at the present rate of pendency.

Legal Framework and Advocacy

  • The secular nature of the Protection of Children from Sexual Offences Act and the Prohibition of Child Marriage Act, which take precedence over personal laws.
  • There is a need to spread Assam's message of legal action as a deterrent across India.

Role of Panchayats and Civil Society in preventing child marriage:

  • The report also notes the impact of a Rajasthan High Court judgment holding panchayats accountable for child marriages, which led to a decrease in cases reported on Akshaya Tritiya. 
  • Additionally, 161 civil society organizations across 17 states and union territories prevented 14,137 child marriages through legal interventions and 59,364 with panchayat assistance in 2023-2024.

As Assam's model proves successful, it offers a potential blueprint for other states to follow in the fight against child marriage in India.

Government Interventions for preventing Child marriages

  • In 1929, the Imperial Legislative Council of earlier British India passed the Child Marriage Restraint Act to curb child marriages, which was amended later on several occasions in independent India. 
  • In 1978, the amendment to the act fixed the minimum legal age at marriage for girls to 18 years and boys to 21 years. 
  • In 2006, the act was renamed as the Prohibition of Child Marriage Act, and has punishable provisions in case of its violation. It also empowers the state to curb child marriages through community sensitization and awareness policies and programs.
  • Under the POCSO, the spouse of a person below the age of 18 can be penalized. 

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