인도의 아동 결혼에 대한 법사회학적 연구 = A Socio-Legal Study on Child Marriage in India

다국어 초록 (Multilingual Abstract)

It is estimated that more than half of women in India are already married before the legal minimum age of 18 at present in 2015. Child marriage is a social evil to rob young girls of their childhood.43) The institution of patriarchy, the traditional marriage system and caste factor, the low status of women, the lack of alternatives to child marriages, the lack of awareness on the evil consequences of child marriage as well as law, the limited political commitment and, the traditional and cultural norms, all overlap and compound the problems of child marriage. The law in India that specifically deals with the issue of child marriage is the Child Marriage Prohibition Act of 2006(hereinafter referred as “CMPA”) which has substituted the Child Marriage Restraint Act of 1929. However, CMPA itself is inefficient and is not strictly implemented, making child marriage still rampant in India. CMPA makes two distinct types of child marriages wherein one set is void ab initio under section 12 of CMPA, and the rest is only voidable. Then the acts of child marriages not falling within the ambit of section 12 are equally null and void since they also deprive girls of their childhood. CMPA should abolish the distinction between marriages to be voidable and those being void ab initio, and should be amended to provide that “every child marriage shall be null and void ab initio.” To eliminate child marriages, eradication of extreme poverty and social reform processes are ultimately essential. But the policy to spread awareness about the evil consequences of child marriages as well as the strict implementation of law should be immediately undertaken, which are practicable even under the present CMPA. For the operation of child marriage prohibition officers to be newly appointed by CMPA, the required financial allocations should be fully guaranteed.And the strengthening of education facilities as most constructive alternatives to child marriages may be also one of the most effective policy instruments to eliminate them.

참고문헌 (Reference)

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10 Soumya Sinha, "Laws Relating to Child Marriage in India: A Critique" 283 (283): 2014

11 Asha Krishnakumar, "Krishnagiri’s ‘distiction’" 22 (22): 2005

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13 T.K. Rajalakshmi, "Grim picture"

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19 Upendra Baxi, "Capitalist Development: Critical Essays" Popular Prakashan 1990

20 Siddharth Narrain, "Ambivalence in the law" 22 (22): 2005