One of the first female doctors of India, Rukhmabai set the course of history in the late 1800s. But not many remember that she was also one of the first flag bearers of children’s and women’s rights — when the battle for women’s rights was in its infancy in British India. Wedded off at 11, Rukhma rejected living with her husband upon reaching maturity. In 1884, upon her husband’s petition for conjugal rights, the Bombay High Court dismissed the case, declaring it cruel to force a woman into marriage, against her will — a ruling that ultimately paved the way for the landmark ‘Age of Consent Act’ in 1891. Though it was overturned later, her defiant stand marked a significant milestone in empowering women to challenge patriarchal norms.
But why remember Rukhmabai after more than a century? While India has made tremendous strides in women’s rights, the struggle against child marriage continues. According to the National Family Health Survey (NFHS) 2019-21, nearly 23 per cent of women aged 20-24 were married off before they reached 18. Despite notable progress, this statistic underscores the need for sustained action to protect young girls from the harmful practice of child marriage. The battle Rukhmabai fought will only be fully won when every girl in India is free to pursue her dreams without fear of premature marriage.
At 17, Fadiya’s extraordinary resilience made her a beacon of hope. The COVID-19 pandemic forced this teenager from Allahabad/Prayagraj into an early marriage, where she endured abuse, neglect, and isolation. Trapped in a toxic relationship, she faced constant physical and emotional violence. Yet, with support from her family and CRY – Child Rights and You, Fadiya initiated legal proceedings against her abusive husband, citing domestic violence, dowry harassment, and ultimately seeking a divorce.
The support she received empowered her to refocus on her education and artistic pursuits, with aspirations of becoming a fashion designer. Fadiya’s inspiring journey is a testament to the transformative power of timely intervention. However, countless other girls remain invisible, living in areas where access to support and intervention is scarce.
Child marriage is a violation of fundamental child rights with far-reaching consequences. Beyond the immediate health risks of early pregnancies and heightened vulnerability to domestic violence, child marriage significantly impedes educational attainment. Many girls are forced to drop out of school, perpetuating cycles of poverty and inequality across generations.
The Prohibition of Child Marriage Act, 2006, mandates that girls must be at least 18 to marry. However, gaps in awareness and enforcement have allowed the practice to persist. Recognising the urgent need for a preventive rather than punitive approach, the Supreme Court’s landmark ruling in October 2023 addressed systemic challenges — emphasising that child marriage violates constitutional guarantees and hampers India’s social and economic progress. The Apex Court’s recent ruling shifted the narrative, underscoring the need to prevent child marriages before they occur, rather than relying solely on prosecution after the fact.
India’s Constitution guarantees every child’s protection and well-being through fundamental rights, including the Right to Life and Liberty (Article 21) and the Right to Education (Article 21-A). Additionally, India’s ratification of the United Nations Convention on the Rights of the Child (CRC) in 1992 obliges the country to adopt measures to eliminate child marriage. The Sustainable Development Goal (SDG) 5.3 further commits India to ending child, early, and forced marriage by 2030.
However, fulfilling these commitments requires stronger enforcement mechanisms and a more robust response to the socio-economic drivers of child marriage.
The Supreme Court’s ruling mandated the appointment of Child Marriage Protection Officers (CMPOs) and Special Juvenile Police Units (SJPUs) in each district, staffed with trained social workers. States and Union Territories were encouraged to set up online platforms for case monitoring and establish “child marriage-free villages”. Community-based interventions, led by local leaders and Panchayats, were emphasised as crucial in preventing child marriages.
The judgment also highlighted the importance of comprehensive sexuality education, empowerment programs for girls, and mandatory training for educators and community leaders. Educational incentives and social welfare schemes were identified as essential tools for supporting at-risk girls.
The Supreme Court’s observation calls for a multifaceted approach that addresses the socio-economic factors driving child marriage. Prevention must be the cornerstone of this strategy, followed by protection and, as a last resort, prosecution. While legal frameworks are essential, eradicating child marriage requires collaborative efforts from the government, NGOs, and civil society.
By prioritising education, raising awareness, fostering community involvement, and strengthening legal frameworks, India can pave the way for a future where no girl is forced into marriage before she is ready. Citizens, educators, community leaders, government officials, and civil society must join forces to protect every girl’s right to a childhood free from the threat of forced marriage.
Together, we can build a society where every girl is empowered to thrive, pursue her dreams, and shape a brighter, more equitable future.
Puja Marwaha, CEO, CRY – Child Rights and You
Views expressed are author’s own and do not necessarily reflect that of Down To Earth