Generational Change in India: How might raising the legal age of marriage from 18 to 21 change the lives of girls?

By Aarushi Khanna, Regional Coordinator Equal Measures 2030 and Sahaj**

India is home to the highest number of child brides in the world. UNICEF estimates that almost half of the child marriages in the world happen in South Asia, 1-in-3 of which are in India[1]. The existing legal framework sets the minimum legal age of marriage for girls in India at 18 which the current political leadership is considering revising to 21. An announcement in this regard was recently made by the Indian Prime Minister in August 2020. Women’s rights organisations and gender equality advocates have expressed their apprehension about the proposed change in the law.

Decisions around marriage in India are governed by a complex set of compounding factors: poverty; dowry where the younger the bride, the lower the dowry expectation; a way to protect the family honour; a means to prevent rape and pre-marital sex; and perceptions around labour and productivity[2]. All these factors serve as obstacles to conforming to the child marriage law. This is also the reason families consider education for young girls as less of a priority and more of a futile investment since girl’s productive capacities are often believed to benefit her marital family. The practise of early marriage is often justified by parents and guardians as a means of securing girls’ future and protecting them from the risk of physical and sexual violence. The law in its current form is also used by parents and community members to control and punish girls from choosing their own partner. In reality, it is a means of exercising control over young women’s bodily autonomy.

Though declining, the practise of child marriage is clearly rampant in India. Even 40 years after the enactment of the current Child Marriage Prohibition Act, the number of young women to be married under 18 remains extremely high, 1-in-4 [3]. The proportion of women aged 20–24 who were married before age 18 was 50% in 1992–93, 47% in 2005–06 and only saw a noticeable dip of 19% between 2005 and 2015[4]. Increased access to education, increased literacy of mothers, and government investment were contributing factors that have enabled this impressive dip in the last decade. India’s progress has been strong but not fast enough to eliminate the practise by 2030.

So why is the government looking to revise the age of marriage law?

Two reasons:

• To achieve better maternal health outcomes: Early marriage in India is linked to early pregnancy and the subsequent increased risk of maternal mortality. The government is of the view that increasing age at marriage would delay age at first pregnancy and would lead to better maternal and child health outcomes.
• The other compelling argument supports demographics: Delaying age of marriage is linked to delaying age at pregnancies and likely to reduce the overall number of pregnancies[5].

Sahaj, our partner in India is of the view that this approach is rather simplistic and removed from the ground reality. Improved maternal and child health outcomes rely on financial stability, good nutrition, and level of education and not just the age at pregnancy. Being part of the national and state level advocacy on the issue, Sahaj believes that the conversation needs to focus on factors that enable young women to be empowered to make informed decisions. Over the last decade India has seen a decline in both child marriage and fertility, these shifts have not been an outcome of legislative changes but a result of investment and interventions in health, education, skilling, and financial inclusion. The government must be cognizant of these factors and recognise that a legal intervention at this point is unnecessary.

In my opinion changing the age at marriage won’t lead to a reduction in maternal mortality. The real cause for that is the lack of and poor quality of maternal health services available.” 18 years old, peer educator, Vadodara, Gujarat

So, what can the government do? Here is a list of other areas that the government might focus on to eliminate this harmful practice by 2030.

• Invest in improving education outcomes for girls. At the current pace of change an estimated 68% of girls ages 20–24 will have completed secondary education by 2030[6]. All barriers that lead to increased dropouts by girls must be identified and addressed to ensure that every girl completes secondary education by 2030.

• Improve access to comprehensive sexuality education (CSE) to promote bodily autonomy, increased decision making and healthy sexual behaviours and activities that are linked to a decrease in risky behaviour and contribute to eliminating harmful practices. School closures due to Covid-19 are further hindering the delivery of CSE and reproductive health information.

• Invest more to ensure universal access to quality contraception, maternal health services, and safe abortion services. India’s progress on meeting contraception needs of married women only improved by 6.9% between 2008 and 2018[7]. Reproductive health services have been severely impacted by Covid-19 and are likely to impact progress on contraceptive access across India.

• Create job opportunities. The pandemic triggered a migration crisis in India. The announcement of the lockdown resulted in massive job losses of daily wage laborers who had migrated to large cities for work. It is estimated that over 10.6 million migrant workers returned to their home state with no further income prospects[8]. In such times of socio-economic uncertainty, migrant parents with young daughters are marrying them off early to secure their future and ensure their well-being.

• Listen to girls and keep their interest at the centre of all policy and programme. Covid-19 has led to major disruption in the education system with the closure of schools and their lives, increasing risk of early marriage and other harmful practices. When Sahaj spoke to young women in different parts of Vadodara (Gujarat) about their thoughts on proposed change in law they said….

“It's my appeal to the government to change the education system, improve the quality of teaching in government schools, provide compulsory computer training, provide scholarships and vocational training to start businesses and work so girls are not a financial burden on their family and can negotiate life decisions.” 21 years old, Vadodara, Gujarat

“India has committed to eliminating the practice of child marriage by 2030 as a part of the Sustainable Development Agenda. Covid-19 is adding another layer of complexity, there is a fear that years of progress made on the issue may rescind. The children’s helpline in India has already reported a 17% increase in distress calls related to early marriage in June-July this year compared to 2019[8]. In this context India must prioritise improving access to education, quality sexual and reproductive health and nutrition while empowering young women and girls.”

**Members of the Sahaj team include Hemal Shah, Nilangi Sardeshpande, Rashmi Deshpande, Renu Khanna, Vaishali Zararia

[1]https://www.unicef.org/india/what-we-do/end-child marriage#:~:text=While%20the%20prevalence%20of%20girls,the%20prevalence%20of%20the%20practice.

[2] https://www.girlsnotbrides.org/child-marriage/india/

[3] https://www.unicef.org/india/media/1176/file/Ending-Child-Marriage.pdf

[4] National Family Health Survey — 2,3,4 estimates http://rchiips.org/nfhs/

[5] https://www.thehindu.com/news/national/government-may-relook-age-of-marriage-for-women/article32364889.ece

[6] Equal Measures 2020 Data hubhttps://data.em2030.org/2020-index-projections/data-explorer-by-country/ 

[7] Sahaj Bending the Curve Factsheet, 2020 http://www.sahaj.org.in/factsheets.php

[8] https://www.business-standard.com/article/current-affairs/struggling-to-find-work-under-mgnregs-bihar-migrants-head-back-to-cities-120101900238_1.html[9]https://www.bbc.com/news/world-asia-india-54186709