INTRODUCTION
Forced marriages involving minors remain one of the most urgent yet underrecognized violations of children’s rights. From ancient times to the present modern era, the practice persists. In India, despite the enactment of various laws, forced marriage continues to occur. It undermines India’s development and child protection efforts. In some communities, it is still seen as a tradition.
Although laws like the Prohibition of Child Marriage Act, 2006,[1] and the Protection of Children from Sexual Offences (POCSO) Act, 2012,[2] aim to protect minors, their enforcement remains weak due to cultural and economic barriers. The factors, including customs and traditions, lack of proper education, and poverty, often lead to marriages of minors, with girls suffering the most, dropping out of school, and facing increased risks of domestic violence, early pregnancy, and economic dependency. Child and forced marriages are illegal, especially for those under 18, violating basic human rights.
UNDERSTANDING FORCED MARRIAGE
Forced marriage of a minor is a marriage where one or both people do not consent to the marriage, and pressure, threat, or abuse is used to compel them into the marriage. The concept of consent becomes invalid where there is involvement of minors in such marriages. Marriages involving minors often occur due to social and cultural norms. Lack of quality education, poverty, gender inequality, and financial constraints lead to the practice of forced minor marriage.[3]
Both child marriage and forced marriage are legally prohibited. Any marriage involving an individual under the age of 18 is classified as a child marriage. Such marriages violate fundamental human rights. Forced marriages of minors continue to ensnare thousands of children in cycles of abuse and disempowerment, silenced by cultural norms and poverty, and disregarded by legal frameworks.
Forced marriage is prevalent across Asia and the Pacific, where nearly two-thirds of marriages occur, and often blurs with arranged marriages. Despite the existence of a well-defined legal structure, India ranks fifth among the eight Asian countries in terms of child marriage prevalence.[4] Forced marriage remains a widespread issue throughout India, particularly in the state of Uttar Pradesh, followed by Bihar, West Bengal, Maharashtra, and Madhya Pradesh.[5]
LEGAL FRAMEWORK IN INDIA
- The Prohibition of Child Marriage Act, 2006[6]
This legislative act aims to prevent and prohibit child marriages, provide protection to victims, and penalise individuals who solemnise or facilitate such unions. Any marriage in which either the girl is under 18 years of age or the boy is under 21 years of age, or both, is deemed a child marriage.[7] A child marriage may be annulled at the request of the individual who was a minor at the time of marriage.[8] Offenders may face rigorous imprisonment for up to two years and shall be liable for a fine of one lakh rupees.[9]
In the case of Yunusbhai Usmanbhai Shaik v. State of Gujarat (2015), the court stated that child marriage is prohibited and cannot be legitimised by mutual consent, with the high court refusing to recognise such marriages and quashing charges of kidnapping, rape, and offences under the POSCO Act.[10] It directed that proceedings be undertaken under the Prohibition of Child Marriage Act and declared that this act applies universally to all Muslims, superseding personal law.[11]
- Protection of Children from Sexual Offences (POCSO) Act, 2012[12]
The POCSO Act seeks to protect minors from sexual assault and harassment within the confines of marriage. While the Prohibition of Child Marriage Act addresses the issue of child marriage and prohibits it, the POCSO Act offers an additional layer of protection, ensuring that when a marriage is considered voidable under the Prohibition of Child Marriage Act, the POCSO Act can be invoked in instances of sexual offences committed against a child in marriage.
In the case of Independent Thought v. Union of India (2017), the Supreme Court ruled that sexual intercourse involving a woman aged between 15 and 18 years, regardless of her marital status, constitutes rape, the court affirmed that such sexual activity infringes upon the rights of minors and cannot be deemed acceptable due to the existence of a marriage.[13]
- The Juvenile Justice (Care and Protection of Children) Act, 2015[14]
This legislation encompasses provisions for the care and protection of children who are at risk of entering into marriage before they reach the age of 18 years.[15] The Juvenile Justice Act allows for intervention and promotes child welfare committees, as well as other authorities, to prevent child marriage. It complements the Prohibition of Child Marriage Act by providing mechanisms for identifying children at risk of violating its provisions. Essentially, the Juvenile Justice Act of 2015 serves as a critical measure for protecting children at risk of marriage and reinforces the objectives of the Prohibition of Child Marriage Act, with a focus on prohibiting and penalising the act itself.
SOCIAL INTERVENTION TO PREVENT FORCED MARRIAGE
While legal frameworks serve as crucial mechanisms in the fight against forced marriage, societal reform is equally vital, as the legal system alone is inadequate in halting this practice.
Societal norms characterised by gender inequality, poverty, and lack of educational opportunities contribute to the prevalence of forced marriage. Efforts at the grassroots level can foster a transformation of societal mindsets and protect minors from child and forced marriage, as well as exploitation.
- Education, which is a fundamental right, can be a powerful tool in combating child marriage. Raising awareness within communities can break down the socio-cultural barriers that drive forced child marriages.
- Factors like gender inequality, poverty, and poor educational quality, combined with cultural and social norms, hinder children from receiving proper education, resulting in early and forced marriages.
- Providing financial independence, skill development initiatives, and training programs can reduce forced marriages and create better educational opportunities.
- Government programs such as Kasturba Gandhi Balika Vidyalaya (KGBV), Beti Bachao Beti Padhao, and Kanyashree Prakalpa offer residential schools, protection, educational resources, and financial aid for girls and minors.
CHALLENEGS
- Cultural and Social Norms
One of the obstacles to normalising child marriage in a marginalised community is cultural traditions and customs, resulting in marrying off daughters at a young age to maintain family honour and customary obligations. Social pressure and fear of stigma often silence victims and prevent reporting.
- Lack of Awareness
Many people are unaware of the laws that prevent early marriage and the legal age of marriage. Lack of awareness arises because of a lack of education, where people don’t know the laws that prohibit child marriage, such as:
- Prohibition of Child Marriage Act, 2006[16]
- The Juvenile Justice (Care and Protection of Children) Act, 2015[17]
- Protection of Children from Sexual Offences (POCSO) Act, 2012,[18] and
- Some clauses of Bhartiya Nyaya Sanhita (BNS), 2023[19], such as:
– Clause 63, exception 2[20]
– Clause 69[21]
These clauses do not explicitly prohibit child marriage; however, they criminalise conduct that is frequently associated with or after such marriages.
- Inadequate implementation
Laws are effectively made, but their implementation fails to prevent forced marriages of minors. A lack of evidence and political influence prevents officials from intervening. Other government schemes and committees have been hindered due to insufficient resources and an overwhelming workload.
Lack of enforcement of the law effectively deters girls from reporting their forced marriages due to fear of domestic violence or community backlash. Another reason for ineffective enforcement is corruption and delay at the ground level of social welfare schemes.
CONCLUSION
Forced marriages of minors remain a pressing and complex socio-legal issue. Despite many legal reforms, these practices are still in existence. In India, the occurrence of forced marriage is due to reasons of poverty, gender inequality, lack of educational opportunities, and harmful social and cultural norms and practices. The practice of forced marriage is promoted because of the failure of the enforcement of law, challenging social norms, holding accountability, and financial dependence.
Implementation of laws alone cannot stop forced marriages; the social mindset should also be changed. Ending forced marriage overnight is not possible, but sustainable change is possible through governments’ welfare schemes, reforms, laws, and changes in social norms. Collaboration with NGOs and international bodies, addressing gender inequality, focusing more on education, and strengthening legal reforms can effectively reduce forced marriages of minors.
Ending this practice requires a commitment to and compassion for safeguarding the rights of minor children, encouraging them to continue their education, and raising their awareness about their legal rights and practices. Forced marriage is not a tradition – it is a violation, and it is time to end it now.
Author(s) Name: Archita (Maharshi Dayanand University, Rohtak)
References:
[1] The Prohibition of Child Marriage Act 2006
[2] Protection of Children from Sexual Offences Act 2012
[3] Kiran Rele, ‘Forced marriage’ (International Psychiatry 2007) International Psychiatry* 4(4) (PMCID PMC6734786) <https://pmc.ncbi.nlm.nih.gov/articles/PMC6734786/> accessed 5 August 2025
[4] Ibid
[5] Ibid
[6] The Prohibition of Child Marriage Act 2006
[7] The Prohibition of Child Marriage Act 2006, s 2
[8] The Prohibition of Child Marriage Act 2006, s 3(1)
[9] The Prohibition of Child Marriage Act 2006, s 10
[10] Yunusbhai Usmanbhai Shaikh v State of Gujarat (2015) 3 GLR 2512
[11] Ibid
[12] The Prohibition of Child Marriage Act 2006
[13] Independent Thought v Union of India (2017) 10 SCC 800
[14] The Juvenile Justice (Care and Protection of Children) Act 2015
[15] THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 (CARA, Ministry of Women and Child Development, Government of India) <https://cara.wcd.gov.in/pdf/jj%20act%202015.pdf> accessed 12 July 2025
[16] Prohibition of Child Marriage Act 2006
[17] The Juvenile Justice (Care and Protection of Children) Act 2015
[18] Protection of Children from Sexual Offences Act 2012
[19] Bhartiya Nyaya Sanhita 2023
[20] Bhartiya Nyaya Sanhita 2023, cl 63, Exception 2
[21] Bhartiya Nyaya Sanhita 2023, cl 69
