Child marriage: India

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Child marriage human rights violation: HC

TIMES NEWS NETWORK

From the archives of The Times of India 2007, 2009

New Delhi: Stressing that child marriage violates human rights, the Delhi high court has restrained a minor girl and her forty-year-old husband from consummating the marriage till she attains the age of majority.

Unlike some earlier decisions of HC when minor brides were allowed to reside with their husbands, a bench headed by justice A K Sikri decreed that the 17-year-old bride would be staying with her parents and not with her spouse.

‘‘In actuality, a child marriage is a violation of human rights, compromizing the development of girls and often resulting in early pregnancy and social isolation, with little education and poor vocational training reinforcing the gendered nature of poverty,’’ the bench noted on a petition filed by an NGO pleading it to declare the marriage illegal as 17-year-old Chandni was forced to marry 40-year-old widower Yashpal.

HC however, refused to declare the marriage void as the matter pertaining to the legality of marriage involving minors is still to be decided by a larger bench. The court restrained the husband from consummating the marriage and said it will await the larger bench’s verdict.

‘‘Till Chandni attains the age of 18, she shall stay with her parents and not with her spouse. Yaspal shall not consummate the marriage and it would be not only his responsibility but the parents of Chandni shall also ensure this,’’ the court ruled adding, ‘‘Child marriage perpetuates an unrelenting cycle of gender inequality, sickness and poverty.’’

In this case, Chandni’s father got her married to Yashpal who claimed he was 35. After an NGO Association for Social Justice and Research intervened, the court asked the Delhi Police to find the couple and their family as she could not be traced out. The Delhi Police lodged an FIR and arrested Yashpal and Chandni’s father and she was produced before the court.

HC expressed concern over the prevalence of the social evil which perpetuates gender inequality. ‘‘The surprising thing is that almost all communities where this practise is prevalent are well aware of the fact that marrying child is illegal, it is even punishable under the law. NGOs as well as the government agencies have been working for decades to root out this evil. Yet, the reality is that the evil continues to survive,’’ the court said.