In a landmark recommendation, the Supreme Court of India has asked Parliament to consider banning child betrothals, a practice that involves engaging children to be married at a future date. While less visible than child marriage, child betrothals create an equally dangerous pathway to forced marriages, violating children’s rights to education, autonomy, and well-being.
This move by the Supreme Court is part of a larger mission to protect children’s rights in India, reflecting the urgency to bring legislative action against an overlooked practice. Despite legal frameworks such as the Prohibition of Child Marriage Act, 2006 (PCMA), child betrothals often escape regulation, continuing in many parts of India, particularly in rural communities. The Court’s call highlights the need for comprehensive legal reforms to ensure that children are protected from early engagements that compromise their futures.
Understanding Child Betrothal: The Silent Harbinger of Child Marriage
Child betrothal refers to the practice of promising children, often in infancy or early childhood, to a future marriage. While the actual wedding may take place years later, the betrothal creates a binding arrangement, typically formalized through community ceremonies or family agreements.
Although child marriage is legally prohibited under the PCMA, child betrothal continues under the radar, as it does not constitute an immediate marriage. However, the emotional, social, and legal pressures placed on betrothed children often lead to early marriages, reinforcing harmful traditions that limit children’s autonomy and potential.
In many communities, child betrothal is seen as a way of securing financial or social advantages, particularly for girls. Families may engage their daughters to ensure they marry into a “suitable” family, while economic factors such as dowry also play a role in these engagements. For the children involved, the consequences can be severe, with limited opportunities for education, personal development, and social mobility.
Socio- Cultural Factors Behind Child Betrothal in India
India’s cultural landscape is vast, and many traditional practices, like child betrothal, have deep historical roots. The persistence of this practice in certain regions stems from a combination of socio-economic pressures and entrenched gender norms. Key factors that contribute to child betrothals include:
1. Economic Considerations:
Families in economically disadvantaged communities often view marriage as a means of securing financial stability. Betrothing a child early can ensure financial security through the exchange of dowry or by cementing family alliances, particularly in agrarian or rural settings.
2. Preservation of Family Honor:
In patriarchal societies, where family honor is closely tied to the behavior and status of women, betrothing daughters at a young age is seen as a way to control their futures. This practice often stems from a fear of girls choosing their own partners, which could lead to social ostracism or a loss of family prestige.
3. Cultural Tradition:
The practice of child betrothal is deeply embedded in cultural traditions, especially in rural and tribal communities. In many regions, the tradition is passed down through generations, and families feel compelled to conform to societal expectations. Breaking these norms is often seen as dishonoring the community or family lineage.
4. Patriarchal Control Over Women’s Lives:
Child betrothal perpetuates the notion that girls are the property of their families, to be transferred to another family through marriage. The practice strips girls of their autonomy, denying them the right to make decisions about their education, careers, or marriage.
The Global Context: International Conventions and Child Rights
India’s efforts to address child betrothals must be seen in the context of its international obligations. As a signatory to several international treaties, India is committed to protecting children’s rights and ensuring their welfare. These global frameworks emphasize the importance of eradicating practices that violate children’s fundamental rights, such as child marriage and betrothal.
1. United Nations Convention on the Rights of the Child (UNCRC), 1989
The UNCRC is the most widely ratified human rights treaty in the world and serves as the cornerstone for global efforts to protect children’s rights. India ratified the UNCRC in 1992, agreeing to uphold the principles enshrined in the convention. Article 24 of the UNCRC emphasizes the right of children to be free from harmful practices, including early marriage and engagement, while Article 28 guarantees the right to education, which child betrothal directly undermines.
2. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979
The CEDAW, often described as the international bill of rights for women, was ratified by India in 1993. The convention calls for the elimination of discrimination against women in all spheres of life, including marriage and family relations. Article 16 of CEDAW addresses the issue of child marriage and asserts that both marriage and betrothal must only occur with the full consent of both parties, which cannot be achieved when the individuals involved are children.
3. Sustainable Development Goals (SDGs), 2030
The Sustainable Development Goals (SDGs) set by the United Nations aim to eliminate all forms of child marriage by 2030, as part of the broader goal of achieving gender equality and empowering women and girls (Goal 5). Specifically, Target 5.3 focuses on ending harmful practices such as child, early, and forced marriages. Child betrothal, as a precursor to child marriage, is directly addressed under this target. India’s progress in this area will be essential for meeting its international commitments under the SDGs.
4. African Charter on the Rights and Welfare of the Child, 1990
Though specific to African nations, the African Charter on the Rights and Welfare of the Child is another international instrument that explicitly calls for the prohibition of child marriage and betrothal. The principles outlined in this charter resonate globally, including in India, as it underscores the harmful impact of such practices on the development, education, and health of children.
5. The International Covenant on Civil and Political Rights (ICCPR), 1966
As a party to the ICCPR, India is committed to respecting the civil and political rights of its citizens, including the right to free choice in marriage (Article 23). Child betrothal violates this right by pre-determining a child’s future partner, thereby infringing on their ability to freely choose a spouse in adulthood.
The Impact of Child Betrothal on Children
Child betrothal, like child marriage, leads to significant long-term harm, particularly for girls. While it may not result in immediate marriage, the psychological, educational, and social consequences of child engagement are far-reaching:
1. Violation of Fundamental Rights:
Child betrothal violates a child’s right to choose their own partner, a decision that should only be made with full, informed consent. In engaging children, families deny them the freedom to make choices about their own lives, especially in communities where breaking such engagements is taboo.
2. Education Disruption:
Betrothed girls are more likely to be withdrawn from school at a young age to prepare for marriage and household responsibilities. In many cases, child betrothal signals an eventual exit from formal education, undermining efforts to empower girls through learning.
3. Health Risks:
Early marriages that follow betrothals often lead to early pregnancies, which pose significant health risks to young girls. Pregnant adolescents face higher risks of complications during childbirth, as well as increased rates of maternal and infant mortality.
4. Psychological Effects:
Children who are betrothed often experience emotional stress, anxiety, and depression due to the pressure placed on them to conform to adult expectations. The weight of future obligations can negatively affect their mental health and sense of agency.
5. Reinforcement of Gender Inequality:
Child betrothal disproportionately affects girls and reinforces traditional gender roles, where women are seen primarily as wives and mothers. This practice perpetuates a cycle of gender inequality, preventing women from pursuing education, careers, or personal ambitions.
India’s Legal Framework: Prohibition of Child Marriage Act, 2006
India’s legal approach to child marriage is governed by the **Prohibition of Child Marriage Act (PCMA), 2006**, which prohibits the marriage of girls under 18 and boys under 21. The law provides for the annulment of child marriages and criminalizes those who arrange, solemnize, or participate in such marriages.
While the PCMA has been effective in reducing the incidence of child marriage, it does not directly address child betrothal. Since betrothals do not result in immediate marriages, they fall into a legal grey area, allowing families to continue the practice without fear of legal repercussions.
The Supreme Court’s recommendation to ban child betrothals is a step toward closing this legal loophole. By addressing engagements as part of the continuum of harmful practices that lead to child marriage, the Court is seeking to ensure that children are not bound by future commitments made without their consent.
Supreme Court’s Recommendation: Why it Matters
The Supreme Court of India’s recommendation to Parliament to ban child betrothals has significant implications for the protection of children’s rights in India. The Court’s intervention is a powerful statement against an age-old practice that has long been overlooked by both law and society. Here are key reasons why this recommendation is crucial:
1. Recognition of Child Betrothal’s Harmful Impact:
The Court has recognized that child betrothals, like child marriage, violate children’s rights to education, personal autonomy, and development. By framing betrothals as part of the broader problem of early marriage, the Court is pushing for a more comprehensive approach to child protection.
2. Filling the Legal Gap:
While India has laws in place to combat child marriage, the absence of specific provisions against child betrothals has allowed the practice to continue unchecked. By recommending a ban, the Court is urging Parliament to create legal safeguards that will close this gap and prevent future cases of child engagement.
3. Aligning with International Standards:
The Supreme Court’s recommendation aligns India’s domestic laws with its international commitments under treaties like the UNCRC and CEDAW. By banning child betrothals, India will move closer to fulfilling its obligations to protect children from harmful practices and uphold their right to make free, informed choices about their lives.
Challenges in Implementing a Ban on Child Betrothal
Despite the importance of banning child betrothals, several challenges may arise in enforcing such a law. These challenges include:
1. Cultural Resistance:
In many communities, child betrothal is seen as a cultural norm that should not be interfered with. Efforts to ban the practice may face resistance from those who believe that the state has no right to regulate personal or family matters. Overcoming this resistance will require extensive awareness campaigns and engagement with community leaders to emphasize the harmful effects of child betrothal.
2. Lack of Awareness:
Even if a law banning child betrothal is enacted, its success will depend on raising awareness about the new legal provisions. In many rural areas, where literacy rates are low and access to legal information is limited, families may not even be aware that engaging their children is illegal. Educational outreach programs will be essential to ensure that families understand the law and its consequences.
3. Enforcement Issues:
Enforcement of a ban on child betrothals could prove difficult, particularly in areas where local authorities are either unaware of the law or unwilling to enforce it. Police officers, child protection officers, and community leaders will need to be trained to recognize and act on cases of child betrothal. This may also require strengthening local child protection mechanisms, such as helplines and support services for children at risk of being engaged or married.
4. Economic Pressures:
In many cases, families betroth their children for economic reasons, believing that early engagement secures their financial future. Banning child betrothals may not be enough to address the root causes of the practice. Efforts to reduce poverty and provide families with economic alternatives will be essential in reducing the incidence of child betrothals. Government schemes that promote education and provide financial support to families may help alleviate some of the economic pressures that lead to early engagements.
Steps Forward: What Can Be Done?
In light of the Supreme Court’s recommendation, several actions can be taken to move forward in addressing the issue of child betrothal in India:
1. Parliamentary Action:
Parliament must act swiftly to address the Supreme Court’s recommendation. This could involve amending the existing Prohibition of Child Marriage Act to explicitly ban child betrothals or introducing new legislation that addresses the practice. The new law must clearly define child betrothal, outline penalties for those who engage in it, and provide legal recourse for children who are betrothed against their will.
2. Awareness and Education Campaigns:
Once the law is in place, a nationwide awareness campaign will be necessary to educate families about the legal consequences of child betrothal. These campaigns should target rural and economically disadvantaged communities, where the practice is most prevalent. Community leaders, NGOs, and local government officials can play a key role in spreading awareness and promoting the importance of protecting children’s rights.
3. Empowering Girls Through Education:
One of the most effective ways to combat child betrothal is by empowering girls through education. When girls are educated, they are more likely to delay marriage, pursue careers, and gain financial independence. Government programs that provide scholarships, free school meals, and financial incentives for families to keep their daughters in school can help reduce the incidence of child betrothal.
4. Strengthening Child Protection Mechanisms:
Child protection officers, local law enforcement, and community workers must be trained to identify and respond to cases of child betrothal. Helplines and support services for children at risk of being betrothed or married should be strengthened, and children themselves should be made aware of their rights under the law.
5. Engaging Religious and Community Leaders:
In many communities, child betrothal is supported by local customs and religious beliefs. Engaging religious and community leaders in the fight against child betrothal will be essential in changing societal attitudes. By promoting the message that child betrothal violates children’s rights, these leaders can help shift community norms and practices.
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Conclusion: A Future Without Child Betrothal
The Supreme Court’s call for a ban on child betrothals is a significant step in protecting the rights of children in India. By addressing this issue, India has the opportunity to ensure that no child is forced into a future that they did not choose for themselves. The proposed ban on child betrothals is not just about preventing early marriages; it is about giving every child the freedom to grow, learn, and make their own choices.
As Parliament considers the Supreme Court’s recommendation, it is crucial that the government, civil society, and local communities work together to create a legal and social framework that protects children from exploitation. By banning child betrothal, India can take a major step toward eliminating child marriage altogether and ensuring that every child has the right to a safe, healthy, and empowered future.
This expanded version provides a comprehensive understanding of the issue, connects it with global human rights frameworks, and outlines practical solutions to address child betrothal in India.
Sumit Kr Gupta, Advocate, Delhi High Court
