In a country where daughters should be celebrated, some social evils continue to cast long shadows over women’s rights and dignity. Child marriage and female foeticide represent two of the most persistent forms of gender-based discrimination in India, threatening the health, education, and fundamental freedoms of millions of girls. These practices expose deep-rooted biases that value sons over daughters and view marriage as more important than childhood itself.
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Understanding child marriage in India
Child marriage refers to any formal or informal union where at least one person is below the legal age of marriage. Under Indian law, a female is considered a child if she is under 18 years of age, while a male is considered a child if he is under 21 years. Despite being illegal, this practice persists across many parts of the country, driven by poverty, cultural traditions, and perceived safety concerns for girls.
According to the National Family Health Survey, child marriage prevalence has reduced from 47% in 2006 to 23.3% during 2019-21, showing significant progress. However, states such as Andhra Pradesh, Assam, Bihar, Jharkhand, Rajasthan, Telangana, Tripura and West Bengal continue to report rates higher than the national average.
Legal framework against child marriage
India’s primary legal tool is the Prohibition of Child Marriage Act (PCMA), 2006, which replaced the outdated Child Marriage Restraint Act of 1929. This law makes child marriages voidable at the request of the minor and imposes strict penalties on those who facilitate such unions. Adult males over 18 who marry children can face rigorous imprisonment for up to two years, and parents or guardians who allow or encourage child marriage can receive similar punishment along with fines of up to one lakh rupees.
The Act authorizes state governments to appoint Child Marriage Prohibition Officers who work to prevent these marriages, collect evidence for prosecution, counsel communities, and raise awareness about the harmful effects. The government also operates CHILDLINE (1098), a 24×7 emergency service that responds to calls about child marriages in coordination with police and district child protection units.
In October 2024, the Supreme Court ruled that the PCMA cannot be restricted by personal laws, declaring that marriages involving minors violate their right to freely choose a life partner. The court emphasized that protecting minors must take priority over personal or religious practices.
The crisis of female foeticide
Female foeticide is the abortion of a female fetus after sex determination, driven by a strong cultural preference for sons. Census data shows that the child sex ratio declined from 945 females per 1000 males in 1991 to 927 in 2001 and further to 914 in 2011, revealing the alarming scale of this practice.
This preference for male children stems from multiple factors. The dowry system makes parents view daughters as financial burdens. Sons are seen as assets who will support parents in old age and continue the family lineage. Additionally, historical concerns about women’s safety have contributed to viewing daughters as liabilities rather than sources of pride and strength.
PCPNDT Act and its enforcement challenges
The Indian government passed the Pre-Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT) in 1994 to ban and punish prenatal sex determination and female foeticide. This law was amended in 2004 to strengthen its provisions. It mandates registration of all diagnostic laboratories and genetic counseling centers, prohibits disclosure of fetal sex, and imposes strict penalties on medical practitioners who conduct or facilitate sex-selective abortions.
However, enforcement remains a significant challenge. A 2010 review by the Public Health Foundation of India found that 22 of the 35 states had not reported a single violation of the Act despite evidence of continuing sex selection. Between 1994 and 2014, only 2,021 cases were registered under the PCPNDT Act nationwide, with merely 206 convictions secured.
Some states have taken stronger action. Haryana has registered 1,217 FIRs under the Act since 2014, including 397 through interstate raids, resulting in over 4,000 arrests. These enforcement efforts have contributed to improving the state’s sex ratio at birth.
Consequences that extend beyond individuals
Both child marriage and female foeticide create cascading effects on society. Girls married as children face higher risks of domestic violence, complications during pregnancy and childbirth, and limited educational and economic opportunities. According to UNICEF, child marriage can lead to a lifetime of hardship, with girls being more likely to suffer from domestic violence and experience limited prospects.
Female foeticide creates serious demographic imbalances. The shortage of women leads to a bride crisis in several states, particularly in northern India. This imbalance has resulted in women being trafficked from other states, polyandry, increased violence against women including rape and assault, and women being treated as commodities to be bought and sold.
Government initiatives for change
The Beti Bachao Beti Padhao scheme, launched in 2015, aims to educate citizens against gender bias and improve welfare services for girls. This tri-ministerial initiative focuses on addressing the declining child sex ratio through awareness campaigns, strict enforcement of the PCPNDT Act, and community mobilization.
The scheme has shown measurable impact. Since its implementation, child marriage prevalence has significantly decreased, and several states have reported improvements in sex ratios at birth. The program emphasizes creating behavioral and social change through training, sensitization, and community participation, with the goal of ensuring girls are born, nurtured, and educated without discrimination.
The path forward
Eliminating these social evils requires sustained effort across multiple fronts. Legal frameworks must be strengthened and consistently enforced without exceptions. Community-driven approaches that customize preventive measures for different regions and cultures show greater promise than one-size-fits-all solutions.
Education plays a crucial role in changing mindsets. When girls receive quality education, they are empowered to make informed decisions about their lives. Economic support for families can reduce the financial pressures that often lead to child marriage. Awareness campaigns must continue to challenge the deep-seated preference for sons and highlight the value daughters bring to families and society.
Healthcare providers and medical professionals need training and oversight to prevent misuse of diagnostic technologies. Civil society organizations, religious leaders, and community influencers must actively participate in creating a culture that celebrates the birth and nurturing of girls.
What do you think? How can communities move beyond viewing legal compliance as the only goal and instead foster genuine cultural transformation that values daughters equally? What role should education systems play in teaching young people about gender equality from an early age?
References
- https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1947773
- https://www.business-standard.com/india-news/child-marriage-prevention-cannot-be-undermined-by-personal-laws-sc-124101800441_1.html
- https://en.wikipedia.org/wiki/Female_foeticide_in_India
- https://pmc.ncbi.nlm.nih.gov/articles/PMC5441446/
- https://www.tribuneindia.com/news/haryana/haryana-sees-39-point-rise-in-sex-ratio-at-birth-over-a-decade/
- https://www.ibef.org/government-schemes/beti-bachao-beti-padhao
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