Child Marriage in India

Description

Despite the existence, since 1929, of legislation banning it, child marriage continues to be a social reality today. This book provides a thought-provoking analysis of the reasons why such marriages, which effectively deprive children of their childhood, in particular the girl child, are allowed to take place. It goes on to establish that child marriage has a devastating effect on the health and overall development of the girl child. Jaya Sagade provides a powerful critique of the state of Indian law-the lacunae, confusions, contradictions, and lack of gender sensitivity inherent in the provisions of various statutes which deal with the age of marriage, of consent, and the validity of marriage. It examines domestic law in the context of international human rights law, and shows how the custom violates every human right to which a child is entitled, including the right to health, education, equality, liberty, and security of person, and of course, the right to make a free and informed choice of a spouse. The role of civil society in challenging the status quo is also highlighted. The new epilogue highlights the latest developments in India in context of child marriage. It also discusses the Prohibition of Child Marriage Act, 2006.

This book will interest students and scholars of law, gender studies, and sociology, as well as activists and NGOs working with children and women.

About the Editor

Jaya Sagade is Vice Principal, ILS Law College, Pune. She did her LLM and PhD from Pune University and SJD from University of Toronto, Canada. Dr Sagade has been teaching since 1979 and joined ILS as a faculty in 1981. She has been a UGC Fellow and has also received the ICSSR fellowship, Fulbright Scholarship, and Fellowship of the Netherlands Government for Human Rights course at the Hague as well as University of Toronto scholarship for SJD.

Table of contents

Foreword by Rebecca J. Cook
Preface
Acknowledgements
List of Acronyms
List of Tables
Introduction
1:Dimensions of the Problem of Child Marriage in India: Causes and Consequences;
2:Legal Discourse on Age of Marriage;
3:Personal Laws, Legal Reforms, and the Judiciary;
4:Child Marriage and International Human Rights;
5:Human Rights Violated by the Custom of Child Marriage;
6:The Girl Child's Right to Development : Adverse Consequences of Child Marriage;
7:Strategies and Future Action; Conclusions;
Epilogue
Select Bibliography
List of Cases
Index