GS Paper: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

Strict Compliance in Reporting Offences under POCSO Act

pocso act

Central Idea

HC orders strict compliance: The High Court of Karnataka emphasized the need for strict compliance with Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, particularly by doctors, to prevent offenders from escaping legal consequences.
Responsibility of Stakeholders: The court highlighted that all stakeholders, including doctors, have a responsibility to report offences under the POCSO Act.

Protection of Children from Sexual Offences (POCSO) Act
History	Enacted in 2012
Purpose and Scope	Legal protection to children from sexual offences, exploitation, and abuse.
Safeguarding Children’s Rights	Addresses various sexual offences including assault, child pornography, and harassment to safeguard children’s well-being.
Age of Consent	Any sexual activity with *person under 18* is deemed an offence, regardless of minor’s consent.
Child-Friendly Approach	Implements child-friendly procedures for investigations, minimizing trauma and ensuring safety and welfare.
Reporting Obligations	Requires stakeholders, including doctors, to promptly report suspected cases of child sexual offences.
Enhanced Punishments	Prescribes stringent punishments and fast-track courts for expediting legal proceedings and delivering justice.
Support for Victims	Emphasizes support, rehabilitation, and counseling services for victims, along with child-friendly courtrooms.
Awareness and Prevention	Focuses on creating awareness, preventive measures, and educating children, parents, and communities on child protection.
Continuous Amendments and Enhancements	Undergoes periodic amendments to strengthen the legal framework and adapt to evolving challenges in protecting children.

Why in the news?

Chargesheet against Medical Practitioner: The chargesheet filed against a doctor was not quashed by the court. He was charged for failing to report an offence under the POCSO Act.
Treatment of a Minor: The case involved the medical treatment of a girl who was admitted to the hospital following an abortion caused by the consumption of a termination of pregnancy tablet.
Addressing Consensual Sexual Activity and Abuse: Strict compliance with reporting obligations is crucial to ensure that offences arising from consensual sexual activity, rape, or sexual abuse against children are properly addressed under the law.

Age Discrepancy and Offence Details

Age Discrepancy: The girl’s age, initially recorded as 18 years and three months in hospital documents, was later revealed to be around 12 years and 11 months in the complaint under the POCSO Act.
Sexual Intercourse and Abortion: The complaint alleged that the girl was forced to have sexual intercourse by her 21-year-old boyfriend, who administered a tablet to terminate the pregnancy, leading to heavy bleeding.
Complaint Timing: The POCSO Act complaint was filed approximately two months after the girl’s treatment at the petitioner’s hospital.

Court’s Analysis and Trial Testing

Doctor’s Disbelief Claim: The court rejected the doctor’s contention that he had no reason to disbelieve the individuals who brought the girl to the hospital and claimed she was 18 years and three months old.
Observations on Doctor’s Experience: The court found it highly improbable that the doctor, with 35 years of experience as a gynaecologist, did not recognize that the victim was of tender age.
Testing in Trial: The court emphasized that the doctor’s claim of ignorance regarding the victim’s age would be examined during the trial proceedings.

Importance of Reporting by Doctors

Ensuring Accountability: Strict compliance with reporting obligations by doctors is essential to hold offenders accountable for their actions under the POCSO Act.
Preventing Offenders from Escaping Justice: Failure to report offences, especially by medical practitioners, can allow offenders to evade legal consequences and perpetuate harm against children.
Safeguarding Child Welfare: Timely reporting of offences by doctors is crucial to protect the welfare and rights of children who may be victims of sexual abuse or exploitation.

Need for State Intervention and Direction

State’s Role in Enforcement: The court highlighted the necessity for the state to intervene and direct strict compliance with Section 19 of the POCSO Act, specifically by doctors involved in medical termination of pregnancy for minors in extenuating circumstances.
Preventing Offences in Extenuating Circumstances: By ensuring strict compliance, the state can prevent offenders from exploiting extenuating circumstances, such as medical termination of pregnancy, to escape the legal repercussions of their actions.

Way Forward

Training and Sensitization: Specialized training programs should be conducted to sensitize doctors about identifying signs of child abuse and reporting suspicious cases promptly.
Streamlined Reporting Mechanisms: Establishing streamlined and confidential reporting mechanisms within the healthcare system can facilitate the reporting process and encourage doctors to fulfill their reporting obligations.
Collaboration and Coordination: Effective collaboration between healthcare professionals, law enforcement agencies, and child protection authorities is crucial to ensure a coordinated response in cases involving child sexual offences.
Stringency against non-Compliance: Implementing stringent consequences for doctors who fail to report offences can serve as a deterrent and reinforce the importance of fulfilling reporting obligations.
Monitoring and Evaluation: Regular monitoring and evaluation of the reporting system can identify gaps, challenges, and areas for improvement to strengthen the reporting process and enhance child protection measures.

June 7, 2023

Same Sex Marriage: Marriage Equality for LGBTQ+ Persons is A Fundamental Right
Central Idea
- The Supreme Court of India recently started hearing petitions from LGBTQ+ petitioners seeking marriage equality. While marriage equality for LGBTQ+ persons is a controversial issue in India, it is essential to understand that denying them the right to marry excludes them from participating fully in family and community life, including gaining recognition and respect.
LGBTQIA+ community
- Sexual orientations or gender identities: LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym. It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
- Equal rights and acceptance: The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection
What is mean by Same-sex marriage?
- Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
- It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
- The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
- The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.
Same-sex marriage in India
- Decriminalized homosexuality: Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
- Same sex marriage is not yet legal: However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships. Same-sex marriage is currently not legally recognized in India.
What are the implications of not recognizing Same sex marriage legally?
- Infringement on individual freedoms: Denying same-sex couples the right to marry can be seen as an infringement on individual freedoms and a violation of human rights. It can limit the ability of individuals to express their identities and form meaningful relationships.
- Exclusion from family and community life: Marriage is a fundamental institution in Indian society, and remaining unmarried is looked down upon by the entire family. However, excluding LGBTQ+ persons from marriage denies them full benefits of participating in family and community life, including acceptance in society.
- Social stigma: The lack of legal recognition for same-sex marriage can contribute to negative attitudes towards LGBTQ+ individuals and relationships. This can perpetuate social stigma and discrimination.
- Discrimination: Despite same-sex attraction being a natural part of human society, some people of the same sex fall in love with each other and want to get married. Marriage benefits a couple in tangible and intangible ways, including essential protections, such as the ability to own and share financial assets, joint ownership of property, and access to health and life insurance. Denying these rights to LGBTQ+ persons is discriminatory.
Arguments against recognizing same sex marriage legally in India
- Marriage is a union between a man and a woman: Many people believe that marriage is meant to be a union between a man and a woman, and that allowing same-sex couples to marry goes against traditional values.
- It is against Indian culture: Many opponents of same-sex marriage argue that it goes against Indian culture and Hindu values, and that such unions are not recognized in traditional Indian society.
- It could lead to social instability: Some people believe that allowing same-sex marriage could lead to social instability and moral decay, and that it would have a negative impact on family and societal values.
- It is against the law: While homosexuality is no longer a criminal offence in India, same-sex marriage is not recognized under Indian law. Opponents argue that allowing same-sex marriage would be against the law and would undermine the institution of marriage.
- It could have negative impact on children: Some people argue that children raised by same-sex couples could face social stigma and could be negatively impacted psychologically. They believe that children should have both a mother and a father.
Other developments and challenges
- Many corporations have applied core HR principles of fairness, equality, and non-discrimination to their LGBTQ+ employees and have re-written their equal opportunity and anti-discrimination policies to protect them from discrimination, bullying, and harassment.
- However, inclusive policies have been challenging to implement with insurance companies as same-sex partners are not legally recognised as spouses. Being allowed to marry will help to gain the acceptance that LGBTQ+ citizens are seeking in society.
Way ahead with a balanced approach
- Increase awareness and education: It is essential to increase awareness and education among the general public regarding the LGBTQ+ community and the importance of equal rights for all individuals.
- Dialogue and debate: There need to be an open and respectful dialogue and debate between people who support same-sex marriage and those who oppose it. This will help to address concerns and misunderstandings and lead to a greater understanding and acceptance of the LGBTQ+ community. A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
- Legal reforms: The Indian government should consider legal reforms to ensure that the LGBTQ+ community has equal rights and protections under the law. This includes legal recognition of same-sex marriage and the extension of benefits and protections to same-sex couples, such as inheritance rights and access to healthcare.
- Inclusive workplace policies: Corporations and employers can play a significant role in promoting inclusivity and diversity by implementing policies that explicitly protect LGBTQ+ employees from discrimination, bullying, and harassment.
- Sensitization of government officials: Sensitization programs should be conducted to sensitize government officials to the needs and rights of the LGBTQ+ community. This will help to ensure that government policies are more inclusive and considerate of the needs of all citizens.
- Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
- Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.
Conclusion
- Inclusive policies have resulted in more loyalty and engagement from employees, and it is now time to extend this sense of belonging to the LGBTQ+ community in India. The LGBTQ+ individuals deserve the right to participate in one of society’s major institutions and to be treated equally under the law. Allowing same-sex marriage would enable LGBTQ+ individuals to feel a sense of belonging and gain the acceptance they are seeking in society.
Mains Question

Q. Issues over the Same sex marriage has been one of the hot topics for some time now. Analyze the issue recognizing same sex marriage legally in India and suggest a balanced way ahead.

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April 25, 2023

How can a Juvenile be tried as an Adult in Court?

Central idea: In this article, we will discuss the process of trying juveniles in the age group of 16-18 as adults in court and the responsibilities of the Juvenile Justice Board.

About Juvenile Justice Act, 2015

	Description
Purpose	To provide for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
Age group covered	Act covers children up to the age of 18 years.
Categories of offences	Offences committed by children are categorised into petty offences, serious offences, and heinous offences.
Trial of children as adults	For the first time, the Act provided for trying juveniles in the age group of 16-18 as adults in cases of heinous offences.
Role of Juvenile Justice Board	The Juvenile Justice Board (JJB) is responsible for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
Role of Child Welfare Committee	Child Welfare Committee (CWC) is responsible for the care, protection, and rehabilitation of children in need of care and protection.
Prohibition of disclosing identity	Act prohibits the disclosure of the identity of a child in conflict with the law and mandates that the child be dealt with in a child-friendly manner.
Monitoring and review	National Commission for Protection of Child Rights (NCPCR) is responsible for monitoring the proper implementation of the provisions of the Act, and conducting reviews and evaluations.

Issues with Juvenile’s trial

There are several issues with the trial of juveniles as adults. Here are some of them:

Latent consequences: Juveniles are generally not mature enough to understand the consequences of their actions fully. Trying them as adults can lead to disproportionate sentences and undue punishment.
Losing scope for rehabilitation: Young offenders have a higher potential for rehabilitation and reform than adult offenders. Trying them as adults can limit their chances of being reformed and reintegrated into society.
Issue in legal representation: Juveniles may not have access to legal representation or may not understand their rights. Trying them as adults can result in unfair trials and convictions.
Impact on mental health: Being tried as an adult can have a severe impact on a juvenile’s mental health and well-being. It can lead to anxiety, depression, and trauma.
Stigma and discrimination: Juveniles who are tried as adults may face stigma and discrimination throughout their lives, affecting their ability to secure jobs, education, and housing.

NCPCR lays guidelines for juvenile’s trial

The National Commission for Protection of Children (NCPCR) has issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board (JJB).
This has been done under Section 15 of the Juvenile Justice Act, 2015, to ascertain whether a juvenile can be tried as an adult.
For the first time, the Act has provided for trying juveniles as adults in cases of heinous offences.

Stipulated categories of offences

The Juvenile Justice Act categorizes offences committed by children into three categories –

Petty offences
Serious offences
Heinous offences

Section 15 of the Juvenile Justice Act states that a preliminary assessment should be conducted by the Board in cases where a child above the age of 16 is alleged to have committed a heinous offence.
The assessment should focus on the child’s mental and physical capacity to commit the offence.
It should also consider the child’s ability to understand the consequences of the offence and the circumstances in which it was committed.

Responsibilities of the Juvenile Justice Board

Assessment of the offender child: The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
Psychological ‘trial’: It states that the Board can take the assistance of experienced psychologists or psychosocial workers or other experts. The Act also gives a disclaimer that the assessment is not a trial, but is only to assess the capacity of the child to commit and understand the consequences of the alleged offence.
Arriving at conclusion: After the assessment, the Board can pass an order saying there is a need to try the said child as an adult and transfer the case to a children’s court with the relevant jurisdiction.
Penalty: If tried as a minor, the child could be sent to a special home for a maximum of three years. If tried as an adult, the child can be sentenced to a jail term, except being sentenced to death or life imprisonment without the possibility of release.

What is the preliminary assessment process?

The Social Investigation Report (SIR) is prepared by a probation officer, child welfare officer, or any social worker, and the Social Background Report (SBR) is prepared after interacting with the child or child’s family.
During the preliminary assessment, the Board and experts analyze and consider these reports.
If the Board decides that a child should be tried as an adult after the preliminary assessment, the case may be transferred to the Children’s Court with jurisdiction to try such offences.

Issues in implementation

The major issue remains the implementation and absorption of these principles in the system, particularly to be followed by the JJB and the Children’s Court.
A lot of principles which have been made a part of the Act have not been given due prominence by the Board as well as by the Children’s Court.

Conclusion

The NCPCR is under a statutory obligation under Section 109 of the JJ Act, 2015 to monitor the proper implementation of the provisions of the Act.
The guidelines have been made to remove any ambiguity and to clarify the steps that need to be followed while conducting the preliminary assessment.

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April 24, 2023

Horizontal Reservation: Movement of Dalit Trans People

Central Idea

Recently, many trans rights activists from The Trans Rights Now Collective, who were peacefully protesting to demand horizontal reservation for transgender people, were detained by the Tamil Nadu police. In Tamil Nadu and in many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people who are struggling with transphobia and casteism in educational institutions, workplaces, and larger ecosystems of education and employability.

What is vertical reservation?

Fixed Percentage reservation: Vertical reservation is a policy of reserving a percentage of government jobs and educational seats for individuals from socially and economically disadvantaged communities or categories such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). It aims to address historical injustices and create equal opportunities for all sections of society.
For example: if the Scheduled Caste population in a particular state is 15%, then 15% of the available seats or positions in educational institutions and government jobs in that state will be reserved for SC candidates. This ensures that members of historically oppressed and marginalized communities have greater access to opportunities for education and employment, and helps to address the inequalities that exist due to caste-based discrimination.

What is Horizontal reservation?

Horizontal reservation is a type of affirmative action approach that supplements vertical reservation in India. Horizontal reservation recognizes that individuals from marginalized communities also face multiple layers of discrimination and seeks to provide additional reservation opportunities for them.
It involves providing reservations for various intersectional identities such as women, persons with disabilities, and transgender persons within each of the vertical reservation categories.
For example, a Dalit woman could access vertical reservation under the SC category, but through horizontal reservation, she could also access reservations for women. Both vertical and horizontal reservations would equally affect her social location.

Facts for prelims: Horizontal reservation v/s Vertical reservation

Horizontal Reservation	Vertical Reservation
An intersectional approach that is provided for within each vertical reservation category	Reservation for specific marginalized communities, such as SC/ST/OBC
Example: A Dalit woman can access vertical reservation under the SC category, whereas through horizontal reservation she will be able to access reservations for women as well	Example: A Dalit person can access reservation under the SC category
Intended to provide opportunities for people who face multiple forms of marginalization	Intended to provide opportunities for specific marginalized communities
Provides for a more nuanced approach to reservation that takes into account intersectional identities and experiences	Provides for reservations for specific communities based on historical injustice and social exclusion
Allows for better representation of people from diverse backgrounds in public institutions and workplaces	Helps to address inequality and improve access to resources and opportunities for specific marginalized communities
Currently not implemented consistently across all states in India	Implemented consistently across all states in India
Has been demanded for transgender persons in government jobs and education to address caste and gender-based marginalization	Has been in place in India since independence and has been expanded over time to include more communities
Example: Karnataka became the first and only state in India to reserve jobs in public employment for transgender persons through horizontal reservation in 2021	Example: In Tamil Nadu, reservations are provided for SC/ST/OBC communities

Challenges with Vertical Reservation System?

Dominance of creamy layer: The benefits of reservation are often enjoyed by the creamy layer or the affluent members of reserved categories who are not in need of affirmative action. This leads to further marginalization of the truly underprivileged members of these communities.
Limited benefits: Vertical reservation benefits are limited to only a particular category of people, leaving out those who may also be disadvantaged due to other factors such as gender, disability, sexual orientation, etc.
Stigmatization: The reservation system has led to stigmatization and discrimination against members of reserved categories, with many being perceived as less competent or deserving of their position.
Political exploitation: Reservation policies are often used for political gain rather than social justice, with political parties making false promises and manipulating the system to gain votes.
Lack of representation: Reservation policies have not led to adequate representation of marginalized communities in decision-making positions, as many still face discrimination and bias in these spaces.
Inadequate infrastructure and resources: Reservation policies have not been accompanied by adequate infrastructure and resources for marginalized communities to access opportunities, leading to further marginalization.
Conflict among marginalized communities: The current vertical reservation system creates a hierarchy among marginalized communities, with some having greater access to opportunities than others. This has led to conflict and tension among different communities.

Challenges with Horizontal reservation System?

Opposition from dominant castes: Horizontal reservation is often met with resistance from dominant castes and communities who feel that it is unfair and takes away opportunities from them. This can lead to political backlash and opposition to the implementation of such policies.
Identification and classification: Another challenge is the identification and classification of individuals who qualify for horizontal reservation. For example, in the case of transgender individuals, there is a lack of clarity on who qualifies as transgender and how to identify them. This can lead to confusion and disputes over who is eligible for reservation benefits.
Administrative challenges: Implementing horizontal reservation policies can be administratively complex, especially in larger organizations and government agencies. There may be challenges in tracking and monitoring the implementation of such policies, and ensuring that they are being applied fairly and consistently.
Stigma and discrimination: Horizontal reservation policies may also be stigmatizing for some individuals, as they may feel that they are being singled out or labeled based on their identity. This can create additional barriers to social inclusion and participation, and may make it more difficult for individuals to access opportunities.
Limited scope: Horizontal reservation policies are often implemented in specific sectors or areas, such as education or public employment. This means that individuals from marginalized groups may still face discrimination and exclusion in other areas of society, such as housing or healthcare.

Value Addition Box form Civilsdaily

Did you know: NALSA Judgement?

NALSA (National Legal Services Authority) judgment of 2014 is a landmark judgment by the Supreme Court of India that recognized the legal recognition of the third gender in India.
It directed the central and state governments to legally recognize the transgender community as a third gender and to ensure that they have access to the same rights and protections as other citizens of the country.
The judgment also recognized the right of transgender persons to self-identification and directed the government to provide reservations for transgender people in education and employment.
This judgment was a significant step towards ensuring the rights and protections of transgender people in India.

The Transgender Persons (Protection of Rights) Act, 2019

The Transgender Persons (Protection of Rights) Act, 2019 is a law enacted by the Parliament of India for the protection of rights of transgender persons and their welfare.
The Act defines a transgender person as someone whose gender does not match the gender assigned to them at birth.
The Act prohibits discrimination against transgender persons in areas such as education, employment, healthcare, and housing, and recognizes their right to self-perceived gender identity.

What are the policy gaps and ambiguities?

The policy gaps and ambiguities that exist, which often used by the courts to refuse horizontal reservation for trans people and instead offer vertical reservation.
The judiciary’s easy solution of putting all trans people in OBC categories is restrictive and does not allow trans people who belong to SC/ST categories to claim their right to reservation under both categories.
The homogenous understanding of the trans community underplays the caste realities and marginalisations that many trans people come from and how it further hinders their social mobility.

Way ahead

There is a need to recognize the intersectionality of identities and provide horizontal reservation for marginalized communities, including transgender people of Dalit, Bahujan, and Adivasi (DBA) backgrounds.
State governments and the judiciary need to take a more proactive approach to address the policy gaps and ambiguities about the reservation for trans people.
More awareness and education are needed to understand the complexities of caste and gender identity and their impact on social mobility.
More research and data collection are needed to understand the challenges faced by trans people from DBA backgrounds and to develop effective solutions to address their unique needs.
Ultimately, the goal should be to create a more inclusive and equitable society that recognizes and celebrates the diversity of all its citizens, regardless of their gender identity or caste background.

Conclusion

The movement for horizontal reservation is not only about a Dalit-trans issue; it is cross-cutting and a living testimonial of how certain sections of people are repeatedly forced into the margins. There is need for horizontal reservation to assert that transgender people have an equal stake in this nation’s citizenship and public resources.

Mains question

Q. In many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people. In this light explain what is horizontal reservation system and discuss the challenges associated with its implementation.

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April 23, 2023

Same-sex marriage: Legalizing Would Be A Just Way Forward
Central Idea
- The legalisation of same-sex marriage is a natural progression towards accepting and integrating the LGBTQIA+ community in India, which has been marginalized and hounded for decades. While the decriminalisation of homosexuality was a positive step towards acceptance, granting civil rights such as marriage and adoption is essential in creating a more diverse and inclusive society.
LGBTQIA+ community
- LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym.
- It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
- The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection.
Problems faced by LGBTQIA+ community in India
- Discrimination: Members of the LGBTQIA+ community are often subjected to discrimination, harassment, and violence due to their sexual orientation or gender identity.
- Social Stigma: Homosexuality is still stigmatized in many parts of Indian society, and people who identify as LGBTQIA+ are often ostracized, bullied, and excluded from social activities.
- Lack of legal protection: The Indian legal system does not offer comprehensive legal protection against discrimination and violence based on sexual orientation and gender identity.
- Health issues: Members of the LGBTQIA+ community often face health issues such as HIV/AIDS, depression, anxiety, and substance abuse due to the stress and discrimination they face.
- Limited access to healthcare: Due to social stigma and discrimination, many members of the LGBTQIA+ community face barriers in accessing healthcare services, including mental health care and HIV/AIDS treatment.
- Family rejection: Many members of the LGBTQIA+ community face rejection and disownment by their families, which can lead to mental health issues, homelessness, and financial instability.
- Employment discrimination: Members of the LGBTQIA+ community often face discrimination in the workplace, including being denied jobs, promotions, and other opportunities due to their sexual orientation or gender identity.
- Limited legal recognition: Same-sex marriage is not recognized in India, and LGBTQIA+ couples do not have the same legal rights and protections as heterosexual couples.
What is mean by homosexuality?
- Homosexuality refers to a sexual orientation where an individual is primarily attracted to people of the same gender. It is a natural variation of human sexuality and is not considered a disorder or mental illness. The term is used to describe a person’s identity, behavior, and desire towards people of the same gender.
What is the stigma around homosexuality in India?
- Cultural and religious beliefs: India is a culturally and religiously diverse country with deep-seated traditional values. Many people believe that homosexuality is against these values and that it is a sin.
- Lack of awareness and education: There is still a lack of awareness and education about homosexuality in India, which leads to many misconceptions and negative stereotypes.
- Discrimination and harassment: People who are open about their homosexuality often face discrimination and harassment from society, including family, friends, and colleagues.
- Legal status: Until recently, homosexuality was illegal in India, which further stigmatized the community.
- Masculinity norms: Indian society often associates masculinity with traditional gender roles, which can make it difficult for people who do not conform to these norms.
- Lack of representation: The representation of LGBTQ+ people in Indian media and popular culture is limited, which can contribute to a lack of understanding and empathy for their experiences.
What is mean by Same-sex marriage?
- Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
- It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
- The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
- The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.
Arguments in favor of same-sex marriage
- Civil Rights: Legalizing same-sex marriage is a matter of civil rights, which ensures equal treatment under the law for all individuals, regardless of their sexual orientation.
- Equality: All citizens should have the right to marry the person they love, irrespective of their gender or sexual orientation.
- Family: Same-sex couples should have the same legal rights as heterosexual couples when it comes to adoption, inheritance, and other family-related matters.
- Mental Health: Same-sex couples who can marry experience greater mental health benefits due to increased social support, greater economic stability, and increased social acceptance.
- Social Stability: Legalizing same-sex marriage can help promote social stability by increasing the number of legally recognized families and reducing social stigmas.
Arguments against same-sex marriage
- Religious Beliefs: Many people oppose same-sex marriage because of their religious beliefs and consider it to be a sin.
- Traditional Family: Some people believe that same-sex marriage is a threat to traditional family values.
- Children: There are concerns that children may be negatively affected by growing up in same-sex households.
- Social Consequences: Some people believe that legalizing same-sex marriage will have negative social consequences, including the breakdown of the family and moral decay.
- Slippery Slope: Some people believe that legalizing same-sex marriage could lead to a slippery slope, where other forms of non-traditional marriage become legal as well.
Way ahead
- Education and Awareness: A sustained education and awareness campaign could be launched at various levels, including schools, universities, media, and community organizations to address the social stigma and prejudice against LGBTQIA+ individuals. This could also involve sensitization training for various public and private sector employees to reduce discrimination and bias in the workplace.
- Advocacy: Pro-LGBTQIA+ advocacy groups could play a significant role in lobbying for the legal recognition of same-sex marriages. This could involve building alliances with other civil society organizations, engaging with lawmakers, and using social media to spread awareness about the issue.
- Legal Framework: A new legal framework could be developed to recognize same-sex marriages, which would include rights and protections for LGBTQIA+ individuals. This framework would need to address issues such as inheritance rights, joint property ownership, and the legal recognition of children born to same-sex couples through surrogacy or adoption.
- Consultation: A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
- Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
- Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.
Conclusion
- The hallmark of a progressive nation is reflected in its ability to accept diversity, include minorities, and integrate the marginalised. Legalising same-sex marriage may pave the way for generations to come and become a big step towards reclaiming the diverse, multicultural, and inclusive civilisation that India has always been. Government should strike a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
Mains Question

Q. What do you understand by mean by Homosexuality? Decriminalization of homosexuality in India is considered as a positive step. In this backdrop analyze the issue of Same Sex Marriage in India.
April 18, 2023
Child Marriage And The Role of Education: Analysis
Central Idea
- When the Assam government launched a massive crackdown on child marriage, social activists pointed out that the root of the problem, i.e., limited access to education among women, is not being sufficiently addressed. National Family Health Survey (NFHS) data show that higher education levels could play a greater role than wealth in delaying a woman’s marriage. The data also reflect wide variations between the marital age of rural and urban women, and Dalit and upper-caste women.
Does education or wealth play a greater role in determining when a woman gets married?
- Education is significant: Education has a longer history of being significant in delaying a woman’s marriage.
- For instance: Depending on National Family Health Survey (NFHS) data, education has had a steady influence, while poverty has had an increasing influence over time.
- Poverty: Poverty is the greatest determinant of early marriage as the poor do not want to wait due to the increasing demand for dowry. Wealthier people are no longer marrying their daughters early.
What role does marriage play in India?

Marriage plays a significant role in India as it serves multiple purposes.
- Most significant institution: It is considered the most significant institution for daughters as it fulfills the family’s responsibility towards them. For sons, the responsibility is to settle them in a job, which will hopefully lead to marriage.
- Social identity: Marriage is crucial for social identity, and a woman who remains single is an anomaly because almost everyone gets married.
- Sexual respectability: marriage is essential for sexual respectability as those who wish to have social respect have sexual relationships within marriage.
- Legitimate children: Marriage provides the option to have children, and having a child without a husband is completely unacceptable in the Indian context.
What advantages that families see in getting women married earlier instead of educating them further?
- Dowry: This dowry can be a significant financial burden for families, and getting their daughters married early may be seen as a way to reduce this expense. The more educated a girl, the more the boy has to be educated too and the higher the dowry.
- Transfer of responsibility: Families feel there is the responsibility of protecting her sexually before marriage. And that responsibility gets transferred to the boy’s family. After marriage, the girl goes to live with her husband’s family, so why spend on her education?
- Maintenance of caste and community lines: In some cultures, marrying within one’s own caste and community is essential to maintain social status and cultural traditions. Early marriage may be seen as a way to ensure that women are married within their caste and community and preserve cultural practices.
Women are increasingly getting access to education. Does this result in more empowerment?
1. Advantages of Women’s Access to Education:
- Education provides women with knowledge and skills that lead to greater empowerment and the ability to make informed decisions about their lives.
- Educated women are more likely to participate in the workforce, earn higher wages, and have better health outcomes.
- Access to education can challenge traditional gender norms and stereotypes, creating new opportunities for women and girls.
- Education can increase women’s bargaining power within their families and communities, allowing them to negotiate for better living conditions, higher earnings, and greater autonomy.
1. Challenges in Women’s Employment
- The female labor force participation rate is low at 25%, and job losses have been especially harmful to women.
- Despite increased access to education, there is a high proportion of educated but unemployed women.
- Women who enter the corporate sector often face hostility or are unable to balance domestic expectations with work demands.
- The conjugal contract between men and women remains largely unchanged, with women assuming the majority of domestic burdens and men often having power over family decisions.
1. Impact of Age of Marriage
- Increasing the age of marriage may not automatically lead to greater empowerment, autonomy, or freedom for women.
- While delaying marriage may provide women with more opportunities to pursue education and careers, there is still a significant gender gap in employment and earnings.
- Low and declining employment rates may also result in a greater burden on marriage as a means of economic security.
Why women in SC/ST/OBC communities get married at younger age than even those in rural India?
- Socio-economic factors: Women in SC/ST/OBC communities tend to get married at younger ages than even those in rural areas due to a combination of social and economic factors.
- Sense of social disadvantage: Families who belong to these groups experience a sense of social disadvantage in the marriage market, but they are also often poor, with lower wealth quintiles being disproportionately populated by SC, ST, and OBCs.
- Caste and poverty: There is a fair deal of correlation between caste and poverty in these communities, with many lacking decent work and being vulnerable to violence from those higher in the hierarchy.
- Vulnerability: Girls from these communities are even more vulnerable to such issues, with Dalit girls being particularly susceptible to sexual predators as young upper-caste men feel that they have a right of access.
- Marriage as protection: Marriage can be seen as a form of protection for girls from these communities, but the issue of early marriage is complex and influenced by a range of factors.
Conclusion
- The issue of child marriage in India is complex and deeply rooted in societal norms, poverty, and caste systems. Despite the progress in education and women’s empowerment, there are still challenges. The issue of child marriage requires a comprehensive approach that addresses the underlying societal and economic factors that perpetuate the practice.
Mains Question

Q. Discuss the role of education and wealth in determining the age at which women get married in India.

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March 17, 2023
Marital age: Laws Are Not Enough As Enforcement Is Poor
Central Idea
- Recently, the Supreme Court dismissed a petition seeking to increase the minimum age of marriage of women in India from 18 years to 21 years. The Chief Justice of India, D.Y. Chandrachud, noted that the power to amend the law lies with Parliament.
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The Prohibition of Child Marriage (Amendment) Bill, 2021
- Amendment to the Prohibition of Child Marriage Act, 2006: The Prohibition of Child Marriage (Amendment) Bill, 2021 is a proposed amendment to the Prohibition of Child Marriage Act, 2006, which is an Indian law that prohibits the marriage of children below the age of 18 for girls and 21 for boys.
- Aim to strengthen the existing laws: The bill was introduced in the Indian Parliament in March 2021 with the aim of strengthening the existing law and further protecting the rights of children. Some of the key provisions of the bill include
- Referred to the Standing Committee: But after Opposition MPs demanded greater scrutiny of the Bill, it was referred to the Parliamentary Standing Committee.
Why the age of marriage of women matters?
- Age of marriage has bearing on maternal mortality rates, fertility levels, nutrition of mother and child, sex ratios, and, on a different register, education and employment opportunities for women.
- It is also argued that other factors such as poverty and health services were far more effective as levers for improving women’s and children’s health and nutritional status.
Some of the key provisions of the Bill
- Making registration of marriages mandatory: The bill proposes to make registration of all marriages, including child marriages, mandatory. This is aimed at improving the implementation of the law and making it easier to track and prevent child marriages.
- Making child marriages voidable: The bill proposes to make child marriages voidable at the option of the contracting party who was a child at the time of marriage. This means that a child who was married before the age of 18 can seek to have the marriage declared void, provided it is done within two years of attaining adulthood.
- Punishment for promoting or permitting child marriage: The bill proposes to increase the punishment for promoting or permitting child marriage. The punishment for such offences will now be imprisonment of up to two years and/or a fine of up to one lakh rupees.
Scrutiny before passing it?
- Despite of the legal age girl married before their 18th birthday: The caution exercised by the Supreme Court and the advice of the Opposition MPs to scrutinise the Bill before passing it is well grounded. This is because, despite the legal age of marriage for women being 18 years, almost 23% of women who were aged between 20 and 24 years in 2019-21 married before their 18th birthday.
- State wise: In fact, in the eastern States of Bihar and West Bengal, the share was over 40% In Assam, Andhra Pradesh and Rajasthan, the share was over 25%. The share was below 10% in Kerala, Himachal Pradesh, Punjab and Uttarakhand, among other States.
- Less no of cases reported despite of high prevalence: Despite such a high share of women marrying before turning 18 years, only 1,050 cases were registered under The Prohibition of Child Marriage Act in 2021, according to the National Crime Records Bureau.
- Question of enforcement gets even bigger: With the Bill proposing to raise the legal age from 18 to 21, the question of enforcement gets even bigger. In India, over 60% of women who were aged between 25 and 29 in 2019-21 married before their 21st birthday. In the eastern States of Bihar and West Bengal, the share was over 70%.
Way ahead
- While laws can be changed, enforcement may remain weak as underage marriages are rarely reported.
- Education, more than wealth, determines women’s marital age
- Better-educated women have had more control over when they should get married for decades now.
- The Data Point also showed that due to awareness and better negotiation powers, younger women have pushed up their median marriage age by many years compared to their mothers and grandmothers.
Conclusion
- Overall, the Prohibition of Child Marriage (Amendment) Bill, 2021 is an important step towards strengthening the legal framework to prevent child marriages in India and ensuring that children are protected from this harmful practice. However, raising the bar alone may not be sufficient. Enforcement while emphasizing education awareness will be the key.
Mains Question

Q. While laws can be changed, enforcement may remain weak as underage marriages are rarely reported In this light discuss why the age of marriage of women matters?

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February 21, 2023
Crackdown against child marriage in Assam
Context
- The United Nations Sustainable Development Goals call for global action to end human rights violations by 2030. There has been tremendous development in India on that front, as seen, for example, in the decline in child marriage from 47.4 per cent in 2005 to 23.3 per cent in 2021. The year 2021 also marked a 50 per cent decline in child marriage in South Asia.
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Why in news?
- Assam Chief Minister Himanta Biswa Sarma has launched a state-wide crackdown against child marriage.
- Booking men marrying girls below 14 years of age under the Protection of Children from Sexual Offences (POCSO) Act, and those marrying girls aged 14-18 under the Prohibition of Child Marriage Act.
- The CM has also announced that the police will retrospectively book people who participated in child marriage in the last seven years.
Background: Data from Assam
- Maternal mortality rate in Assam: According to data given by the Registrar General of India in 2022, Assam has the highest maternal mortality rate in the nation, with 195 fatalities per one lakh live births in the years 2018 to 2020.
- Infant mortality rate in Assam: With 32 newborn deaths for every 1,000 live births, Assam has the third highest infant mortality rate, according to the National Family Health Survey-5.
- Government’s aim to address the issue: The Assam government has declared that its aim is to confront the high maternal mortality and infant mortality rates in the state, which it has linked to early motherhood.
What is Child Marriage?
- Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
- The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Effect of Covid-19 Pandemic
- According to estimates by UNICEF, 10 million more girls were at risk of becoming child brides globally because of the pandemic, affecting the prosperity and growth of communities and nations for generations.
- India has been working to ensure it doesn’t lose the momentum gained in dealing with the scourge of child marriage.
How child marriage is negatively correlated to national development?
- Impact on basic rights: Child marriages deny a child his/her basic right to education, health, and the freedom to build full, thriving lives.
- Increased susceptibility to abuse and violence: There is overwhelming evidence that child marriage renders girls more susceptible to abuse, violence, and exploitation.
- Gender Inequality: Child marriage is a gendered form of violence a cause and effect of gender inequality and discrimination and is a significant challenge facing girls and their families throughout the developing world.
- Disturbed childhood: Child marriage conclusively devastates a girl’s childhood, saddling her with adult responsibilities before she is physically and mentally mature.
- Increased risk of forced pregnancy and maternal mortality: With little bodily autonomy, child brides are more likely to undergo forced pregnancy, increasing the likelihood of maternal and infant mortality.
- Negative effect on education: A girl’s education is less likely to be valued evidence is clear that girls with less education are more likely to marry young, and child marriage typically ends a girl’s education.
- Support systems declines: The lack of education and isolation from peers further shrink a child bride’s support systems. Without skills or mobility, her ability to overcome poverty for herself and her children is hindered.
- Negative impact on community and national development: These social and economic vulnerabilities that child brides live with impinge on their ability to contribute to their community’s and country’s growth and development.
- Intergenerational consequences: They are also more likely to experience intimate partner violence and have worse economic and health outcomes than their single peers, which eventually trickles down to their own offspring, placing further strain on the nation’s ability to offer quality healthcare and education.
Prevalence of child marriage in India
- Though legislation prohibiting child marriage in India has been in place since 1929, the majority of child brides in the world 223 million of them, or one-third of the total live in India.
- Despite it being illegal for girls under the age of 18, and for boys under the age of 21, to marry in India under the Prohibition of Child Marriage Act, 2006, the UNFPA-UNICEF estimates indicate that at least 1.5 million underage girls get married annually here.
- Ending the practice of child marriage is crucial to address the several human rights violations that stand in the way of gender equality for girls.
Understanding the key drivers behind child marriage is necessary to combat it
- Common reasons: While the origins of the practice differ across nations and cultures, it is perpetuated by poverty, lack of educational opportunities, and limited access to healthcare.
- Financial burden: Some families choose to marry off their daughters in order to reduce their financial burden. Other reasons cited are shrinking living spaces and increasing concerns about adolescent girls’ safety.
- Mentality of securing daughter’s future: Families also act in this manner because they think it will protect their daughters’ futures. The practice is also supported by gender roles and marriage-age norms, stereotypes, and the socioeconomic risks of unmarried pregnancies.
Conclusion
- Though legal protections and their strict implementation are important, they form only one part of the solution. To end child marriages, state and non-state actors alike must put girls, across the diverse spectrum of society and marginality, at the centre of the solution. The state can penalise and criminalise the act, but society at large has the important role to play.
Mains question

Q. Highlight the key drivers behind child marriage and Discuss how child marriage is negatively correlated to national development?

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February 4, 2023
Menstrual leave and the question of gender equality
Context
- On January 19, Kerala Chief Minister Pinarayi Vijayan announced on social media that the state government will grant menstrual leave for female students in all state universities under the Department of Higher Education.
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Background
- The announcement came shortly after the Cochin University of Science and Technology (CUSAT) decided to provide menstrual leave to all its female students after a representation made by the students’ union.
- Vijayan has described the government’s decision as part of its commitment to realising a gender-just society. The government’s claim should inaugurate a wider conversation.
What is Menstruation?
- Menstruation, or period, is normal vaginal bleeding that occurs as part of a woman’s monthly cycle.
- It is a normal process for girls and women who have reached puberty.
- Every month, girl or women’s body prepares for pregnancy.
- If no pregnancy occurs, body gets rid of the lining in the uterus.
- The menstrual blood is partly blood and partly tissue from inside the uterus.
- The length of a period can be different for each person, but usually lasts for 3-7 days.
What is the idea behind the Menstrual leave?
- Paid leaves: Menstrual leave is a Policy of allowing women to take paid leave from work or school during their menstrual period.
- Allows to rest: This leave is specifically for the days when a woman is menstruating and is intended to allow her to rest and manage symptoms such as cramps and fatigue, which can be particularly severe for some women.
- Reducing the stigma: The idea behind menstrual leave is to help reduce the stigma associated with menstruation and acknowledge that it is a normal and natural bodily process.
Did you know?
- The menstrual cycle can be affected by external factors such as stress, changes in temperature and altitude, and even exposure to certain chemicals and toxins.
- This can cause changes in the length of the cycle, the intensity of bleeding, and the severity of symptoms.
- There is also a small percentage of women who experience menorrhagia, which is an excessive bleeding during menstruation. This can be caused by hormonal imbalances, fibroids, endometriosis, and other underlying medical conditions.
Debate over the mandatory Period leave

Advantages:
- Acknowledging the pain and discomfort: Making period leave available to students and, going forward, to women in the workforce, perhaps would be an important step towards acknowledging and addressing the often-debilitating pain and discomfort that so many are often forced to work through.
- Will help create workplaces more inclusive: Instituting period leave would help create workplaces and classrooms that are more inclusive and more accommodating.
- Reducing the stigma associated with menstruation: By making menstrual leave official leaves can help to reduce the stigma associated with menstruation and acknowledge that it is a normal and natural bodily process.
- Increase productivity: By allowing women to take time off during their menstrual period, they can return to work or school more refreshed and better able to focus on their responsibilities, which can lead to increased productivity.
Concerns:
- Context within which such policy decisions are taken matters: In a traditional society like India, where menstruation remains a taboo topic, it is possible that a special period leave could become another excuse for discrimination.
- The examples of similarly traditional societies like South Korea and Japan are not encouraging: Both countries have laws granting period leave, but recent surveys showed a decline in the number of women availing of it, citing the social stigma against menstruation.
- Medicalising normal biological process: There is also the risk of medicalising a normal biological process, which could further entrench existing biases against women.
- Mandatory leaves may hamper women hiring: There is a possibility that the perceived financial and productivity cost of mandatory period leaves could make employers even more reluctant to hire women.
- Reinforcing gender stereotypes: Implementing menstrual leave could reinforce the stereotype that women are weaker and less capable than men, which could have negative consequences for women in the long term.
Conclusion
- The ongoing conversation around menstrual leave and menstrual health is crucial and welcoming. It is also encouraging to see the governments are recognizing the importance of this issue. However, implementing menstrual leave as a legal requirement comes with its own set of challenges. It’s important for governments to navigate these challenges while ensuring that the ultimate goal of gender justice and equality is met.
January 24, 2023
Child Marriages and Personal Laws
The Supreme Court has decided to examine whether girls as young as 15 years can enter into wedlock on the basis of custom or personal law when such marriages constitute an offence in statutory law.

Why discuss this?
- Under the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954 and Hindu Marriage Act, 1955, the minimum age of marriage for a man is 21 years and for a woman is 18 years.
- However, under the Muslim personal law in India, which continues to remain uncodified and unconsolidated, persons who gave attained puberty are eligible to get married i.e. on attaining the age of 15 years.
- The Prohibition of Child Marriage (Amendment) Bill, 2021 has sought to amend the Prohibition of Child Marriage Act, 2006, to increase the minimum age of marriage for women from 18 to 21 years.
What is Child Marriage?
- Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
- The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Reasons behind its prevalence
- Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
- Norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached puberty.
- Crisis: Conflict increases the inequalities that make girls vulnerable to child marriage – and its consequences. Families may arrange marriages for girls, believing marriage will protect their daughters from violence.
Issues with Child Marriage

(1) Social implications
- Impacts girl child more: Globally, the prevalence of child marriage among boys is just one sixth that among girls.
- Leads to deprivation: Child marriage robs girls of their childhood and threatens their lives and health.
- Exclusion: The practice can also isolate girls from family and friends and exclude them from participating in their communities, taking a heavy toll on their physical and psychological well-being.
- Academic loss: Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school.
(2) Health issues
- Life threats: Child brides often become pregnant during adolescence, when the risk of mortality during for themselves and their infants.
- Forced pregnancy: Girls are forced into adulthood before they is physically and mentally ready. This is the main cause of global prevalence of malnutrition.
(3) Economic impacts
- Child marriage negatively affects the Indian economy and can lead to an intergenerational cycle of poverty.
- It suddenly pulls out the children involved out of workforce before they grow as adult.
- Girls and boys married as children more likely lack the skills, knowledge and job prospects needed to lift their families out of poverty and contribute to their country’s social and economic growth.
What is the situation in the world?
- According to data from UNICEF, the total number of girls married in childhood stands at 12 million per year.
- It strives to end the practice by 2030 — the target set out in the Sustainable Development Goals.
Where does India stand?

GOOD: Declining trend
- There is a growing trend for a decline in the overall prevalence of child marriage.
- In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade.
- In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.
BAD: State-wise disparity is very higher
- However, 3% is still a disturbingly high percentage in a country with a population of 141.2 crore.
- Some states have a higher prevalence than the national average — West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18 (NFHS).
- In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16.
Laws and policy interventions in India
- There are crucial laws that aim at protecting children from violation of human and other rights including the-
1. Prohibition of Child Marriage Act, 2006 and
2. Protection of Children from Sexual Offences Act, 2012
- Raising the age of marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet.
- Beti Bachao Beti Padhao Scheme: It aims to address the issue of the declining child sex ratio image (CSR).
- Kanyashree scheme: West Bengal’s scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school, and UP has a scheme to encourage girls to go back to school.
Way forward
- Ensure education: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
- Upskilling: Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
- Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.
Conclusion
- A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability.
- In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.
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January 16, 2023