Childhood in Chains
The Battle for Child Rights in the Face of Early Marriage
:- By Nisha Shah, Hina Singh, Arushi
“We will never stand by when children’s rights are violated. We will stand up and speak up”
~ Anthony Lake (UNICEF’s Executive Director)
"Human rights" is a widely discussed and trendy topic, yet child rights often fall by the wayside. Despite their importance, child rights are frequently overlooked. After all, many people may think, "they are just children."
Children are among the most vulnerable members of society and require special attention and protection to ensure their well-being and future potential. It's important to recognize that safeguarding child rights is not just about protecting children; it's about nurturing the foundation of our future society.
Every child should have the opportunity to enjoy and experience the joys of childhood.
Children, by virtue of their developmental stage, are inherently more vulnerable than adults. They depend on adults for their survival, protection, and development, making their rights crucially different. The United Nations Convention on the Rights of the Child (UNCRC) recognizes this, detailing rights that cater specifically to children's needs, such as the right to education, play, protection from abuse, and participation in decisions affecting their lives. Yet, in many societies, these rights are neither fully understood nor implemented.
Early child marriage, is one of the gravest violations of child rights. This practice severely impacts a child's right to education, health, and a life free from violence and exploitation.
A person can only imagine a world where every child, regardless of gender or socio-economic background, can dream freely and pursue their aspirations without the looming shadow of early marriage because the reality is quite opposite.
According to UNICEF, estimates suggest that each year, at least 1.5 million girls under 18 get married in India. The prevalence of girls getting married before age 18 has declined from 47 per cent to 27 per cent between 2005-2006 and 2015-2016 but it is still too high. This data creates an alarming situation for the world to understand how badly childrens are affected when their rights are undermined.
CHILD RIGHTS
Before talking about child rights, we must know about what child we are talking about. According to UNICEF, “A child is any person under the age of 18.” According to Centre for Child Protection, “A right is as an agreement or contract established between the persons who hold a right (often referred to as the “rights-holders”) and the persons or institutions which then have obligations and responsibilities in relation to the realization of that right (often referred to as the “duty- bearers”.) Child rights are specialized human rights that apply to all human beings below the age of 18.”
Child rights are meant to protect children from their exploitation, sexual harassment, or any issue that becomes an obstacle in their growth and development.
After knowing the meaning of child rights one must think why it was needed to make such rights or what kind of issues children were facing so that child rights were made. According to a report published by UNICEF, “A Familiar Face: Violence in the Lives of Children and adolescents”, in every 7 minutes, a teenager dies from violent death around the world. In the report, there’s a clear idea of violence against children. The report also gives the information that world widely, around 15 billion girls experienced sexual harassment and they all were only 15 to 19 years old. There are so many cases that highlight the issue regarding children's safety. There are several issues that a child faces such as, child labor, child marriage, sexual abuse, child trafficking, etc.
If we talk about the condition of children in India, according to a journal, 2.5 million children die in India every year. One in every 16 children dies before reaching one year of age, and one in every 11 dies before reaching.
If we look up in the history, we get to know that during the early nineteenth century, there were no rights for children and they were compelled to work along with the adults in unhealthy and unsafe places and industrial areas. There were no precautions for their safety and no one took care of it as well. They were seen as “small adults”.
In the middle of the nineteenth century, the idea of giving special protection to children emerged in France, allowing for the gradual growth of “minors’ rights”. Since 1841, laws have begun to protect minors in the workplace. Since 1881, French legislation has included the right of children to an education. In different countries, different rules were set by the government for the protection of children for their better upliftment.
“The Declaration of the rights of the children” was adopted by the league of Nations on 16 September, 1924 which was the first step taken for child safety. After then people started giving some attention towards child safety and then led to the movement regarding child rights. After the second World War and the establishment of the United Nations, child rights became a burning topic. The establishment of UNICEF in 1946 was focused on the goal of giving a safe world to the children. In India, the first policy for children was adopted in 1974 which was named as “National Policy for Children (NPC).” Later on, India established its first juvenile law, “The Juvenile Justice Act, 1986.”
The history of child rights went through a number of debates and meetings and the General Assembly of the United Nations accepted the Convention on the Rights of the Child (CRC) on November 20, 1989. The Convention was an “international agreement on childhood” and was formally opened for ratification on January 26, 1990, and the Government of India ratified it on December 11, 1992.
As we are familiar with history, we should talk about the rights which children are given. According to UNICEF, “The Convention is the most widely ratified human rights treaty in history.” And it focuses on the idea that childhood is a period that should not be looked at the same as adulthood. Every child should have the right to live their lives as they want to. The convention kept each and every aspect of a healthy and happy life of a child while making the child rights. The convention gave the definition of a child and the rights they should have for a better life. There are a total of 54 rights which talk about the protection of the life of every child. Some of the rights are; name and nationality, protection from societal issues, rights to express their opinion, right to take care of their parents, right of identity, etc. These rights brought a positive change in the life of children.
The “National Human Rights Commission”, identified a number of examples that degrade children’s rights. There’s a case “Exploitation of Children by the Great Roman Circus in Gonda District of Uttar Pradesh” in which The Commission received an allegation of abuse and sexual harassment at the Great Roman Circus in Gonda, Uttar Pradesh. An investigation resulted in three criminal complaints against the circus owner and others, with claims of rape and sexual harassment brought only by Neeta Lama. Twenty-two girls were rescued, with Nepalese females turned over to Nepalese authorities and Indian girls taken to Nari Niketan. A writ petition was filed at the Lucknow High Court, requesting that the Indian females appear. The Commission requested that the SP (HR) in the DGP office of Uttar Pradesh deliver the writ petition and any court orders, but a response is still due.
With the help of this case study we can have the clear idea that child rights have helped to reduce child harassment and exploitation, but the issue is far from fixed.
And although many child rights are being violated in India, a prevalent one is Child marriage which in its due course is detrimental to individuals, especially the female child. The focal point of discussing the topic is that in India child marriage is still not considered as much a social evil as other child rights violating acts. And factors behind child marriage in India is amalgamation of social, economic, political and cultural practices and conditions which are rendered in Indian society, though showing variations is a distinct feature as whole.
The continuation of child marriage, which is defined as a legal or informal union before the age of 18, is caused by a complex interaction of various factors. Poverty, cultural norms, gender inequality, lack of education, and insecurity are some of the rationales which still sustain this practice. Low-income families saw dowries as a source of financial relief. Many times, the practice is maintained by cultural customs and social expectations, but gender inequality makes girls feel less worthy, which encourages early marriage. Because later marriages are associated with higher levels of education, girls are married off early to save the education expenses. One may argue that child marriage serves as a safety precaution for girls in conflict areas. Reports issued by UNICEF, UNFPA, and UNHCR highlight these factors. While UNESCO's 2019 Global Education Monitoring Report emphasises that access to education is essential in the fight against child marriage by linking education to lesser practice of child marriage. Together, these reports demand improved enforcement strategies, more robust legal safeguards, and focused initiatives to address the complex causes of child marriage.
This child rights violation practice has detrimental effects on both people and society. Girls' education is restricted, which limits their prospects for employment in the future and keeps them in poverty. Young brides face increased health risks due to increased rates of domestic violence and STDs, as well as a higher chance of complications during pregnancy and childbirth. Early marriage has been linked psychologically to trauma, depression, and a loss of autonomy. Social progress towards gender equality and sustainable development is hampered by child marriage. It hinders overall economic and social advancement by reinforcing cycles of poverty and gender-based discrimination. To address this issue and advance healthier, more equitable communities, comprehensive and robust legal, educational, and social interventions are needed to safeguard children's rights.
And this all paved the way for legal actions and policies at both national and international level.
Legal frameworks like the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) are the main forces behind international efforts to reduce child marriage. These agreements demand that gender equality and children's rights be upheld. The aim of Goal 5.3 of the Sustainable Development Goals (SDGs) is to end child marriage by 2030. And globally, groups like UNICEF and UNFPA use community programmes, education, and advocacy to put these frameworks into practice. It is recommended by them that national laws establish the minimum age of 18 for marriage, without any scope for parental or judicial approval.
While at home, India has taken steps to prevent child marriage by enacting a number of laws and policies. The Prohibition of Child Marriage Act of 2006 penalises individuals who perform, conduct, or assist in child marriages, setting the legal marriage age at 21 for boys and 18 for girls. Furthermore, the sexual exploitation of minors is prohibited by the Protection of Children from Sexual Offences (POCSO) Act, 2012. In order to enhance awareness and education, the government also supports programmes like Beti Bachao Beti Padhao (Save the Daughter, Educate the Daughter). Moreover, legal safeguards were reinforced when the Supreme Court of India ruled in 2017 that all child marriages were voidable at the minor's discretion.
The child rights violations and its repercussions are consequential to the individuals and society as whole. And to cease these violating acts towards children and their detrimental effects, the UN and many nations came up with various solutions to resolve this problem which thereafter enhance the overall development of the individuals and the society. The case of child marriage is a prevalent child rights violation act in India. Hence many actions are taken at the local level to reinforce the child rights. The legal way is the most sought out and easy way to deal with problems, but to most experts education seems to be the best way out to handle the social evils at its best. Hence education is the route to the future to develop a best possible society cherishing human rights, and encompassing child rights as well.
