Child marriage is a global concern that is neither a new phenomenon nor a sporadic event. Notwithstanding their recognition by the International Community as a human rights violation, the large scale at which such practices are happening all over the world is more than merely disturbing. The issue is further complicated by the fact that child marriage is often justified by communities’ customs or religion. Thus, the cultural sensitiveness that is required when implementing human rights standards could be and has often been employed by states to circumvent their legal obligations related to eradication of the practice by interpreting and applying the laws in a manner which although being in synchrony with one’s traditions or religious peculiarities is contrary to such fundamental principles as is the one of the best interest of the child.
This thesis analyses India’s compliance with international human rights standards on child marriage found in UN instruments and recommendations. It endeavours to evaluate how far the state has come in adopting relevant policies and legislation, are they efficient and to what degree are they being actually implemented. It further identifies relevant social patterns that may affect the efforts towards child marriage eradication and suggests possible paths for changing the status quo.
The rationale behind selecting India as a focal point of the research was the contradictory reality of child marriage prevalence despite the evidence of a governmental commitment to its eradication made at a global, regional, and national level.
The thesis concludes that although India has made a great progress in terms of adoption of legislative and other measures, due to the ineffectiveness and week enforcement of the latter, the State fails to comply fully with its commitments under the respective international human rights treaties it is a party to.
Table of Contents
- Introduction
- Chapter I: Framing the issue of child marriage
- What constitutes the practice?
- Why should we worry about child marriage?
- The magnitude of the problem
- Causes
- Consequences
- The theoretical challenge: Cultural relativism vs. Universalism
- Concluding remarks
- Chapter II: International legal framework on child marriage
- Preliminary remarks
- Consent to and minimum age for marriage
- Child marriage within the concept of harmful traditional practices
- Child marriage as a violation of human rights
- The Best Interests of the Child Principle
- Equality and non-discrimination
- Right to life and to maximum survival and development
- Right to health
- Right to protection from violence and freedom from torture and other cruel, inhuman or degrading treatment or punishment
- Concluding remarks
- Chapter III: Addressing child marriage at a sub-regional level: South Asia
- Preliminary remarks
- Human rights protection in South Asia
- South Asian Association for Regional Cooperation [SAARC]
- Review of legal and regulatory frameworks on child marriage in South Asia
- Convention on Preventing and Combating Trafficking in Women and Children for Prostitution [CPCT] and Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia [CPCW]
- SAARC Social Charter
- Colombo Statement on Children of South Asia
- South Asia Initiative for Ending Violence against Children
- Concluding remarks
- Chapter IV: Addressing child marriage at the national level of India
- International commitments and legal system
- International commitments
- The legal system of India
- Personal laws
- Hindu law of marriage: The 1955 Hindu Marriage Act [HMA]
- Muslim law of marriage
- Christian law of marriage
- General laws and child marriage related policies
- Legal framework
- Policy Framework
- National Human Rights Institutions
- National and State Human Rights Commissions
- National and State Commissions for Protection of Child Rights
- National Commission for Women [NCW]
- Adjudicating Child Marriage
- Preliminary remarks
- Selected cases
- Chapter V: Compliance assessment of India's policies and legislation with the international human rights standards on child marriage
- Preliminary remarks
- Minimum age for and consent to marriage
- Minimum age for marriage
- Consent to marriage
- Child marriage as a harmful traditional practice
- Related human rights and principles
- Other concerns
- Concluding remarks
Objectives and Key Themes
This work aims to analyze the extent to which India's national policies and legislation comply with international standards on child marriage. It examines the issue within its international legal framework, considering cultural relativism and universalism. The study focuses on India's national level responses to child marriage, assessing its compliance with international human rights standards.
- The definition and prevalence of child marriage.
- International human rights law and its application to child marriage.
- India's legal and policy frameworks concerning child marriage.
- Analysis of India's compliance with international standards on child marriage.
- The role of national human rights institutions in addressing child marriage in India.
Chapter Summaries
Chapter I: Framing the issue of child marriage: This chapter establishes a foundation for understanding child marriage. It defines the practice, explores the reasons for its condemnation, highlighting the magnitude of the problem, its causes, and devastating consequences. It grapples with the theoretical complexities of cultural relativism versus universalism in addressing this issue, setting the stage for a discussion on the international and national legal frameworks to address this complex global issue.
Chapter II: International legal framework on child marriage: This chapter details the international legal landscape surrounding child marriage. It examines the minimum age for marriage, consent issues, and the classification of child marriage as a harmful traditional practice, and a clear violation of fundamental human rights. It thoroughly explores the relevant human rights principles, including the best interests of the child, equality, non-discrimination, the right to life and development, the right to health, and the right to protection from violence, establishing a benchmark against which national legislation can be measured.
Chapter III: Addressing child marriage at a sub-regional level: South Asia: This chapter shifts the focus to the South Asian context, examining human rights protection mechanisms within the region and the efforts of the South Asian Association for Regional Cooperation (SAARC). It reviews regional legal and regulatory frameworks related to child marriage, including conventions and statements aiming to improve child welfare. The chapter analyzes the effectiveness of these regional initiatives in combating child marriage within South Asia, providing a regional perspective before zooming in on the national case study of India.
Chapter IV: Addressing child marriage at the national level of India: This chapter delves into the Indian context, analyzing India's international commitments and domestic legal system. It examines personal laws (Hindu, Muslim, and Christian) concerning marriage and assesses the legal framework and policies aimed at tackling child marriage. It also examines the roles of various national human rights institutions, such as the National Human Rights Commission and the National Commission for Women, in addressing this issue and selected case studies illustrating the complexities of legal processes and challenges in addressing child marriage at the national level.
Keywords
Child marriage, human rights, international law, India, South Asia, cultural relativism, universalism, legal framework, policy analysis, compliance assessment, national human rights institutions.
Frequently Asked Questions: A Compliance Assessment of India's Policies and Legislation with International Human Rights Standards on Child Marriage
What is the main topic of this document?
This document is a comprehensive preview of a work analyzing the extent to which India's national policies and legislation comply with international standards on child marriage. It examines the issue within its international legal framework, considering cultural relativism and universalism, and focuses on India's national-level responses.
What does the Table of Contents include?
The table of contents covers an introduction, four main chapters, and a conclusion. Chapter I frames the issue of child marriage, defining it, exploring its causes and consequences, and addressing the theoretical challenge of cultural relativism versus universalism. Chapter II details the international legal framework, including minimum age stipulations, consent, and human rights violations. Chapter III addresses child marriage at a sub-regional level in South Asia, focusing on regional cooperation and legal frameworks. Chapter IV focuses on India's national level response, examining its legal system, policies, and the roles of national human rights institutions. Chapter V assesses India's compliance with international standards on child marriage.
What are the key objectives and themes?
The key objectives are to analyze India's compliance with international standards on child marriage, examine the issue within its international legal framework, and assess India's national-level responses. Key themes include the definition and prevalence of child marriage; international human rights law and its application; India's legal and policy frameworks; analysis of India's compliance; and the role of national human rights institutions.
What are the chapter summaries?
Chapter I lays the groundwork for understanding child marriage. Chapter II outlines the international legal framework surrounding child marriage. Chapter III examines regional efforts to address child marriage in South Asia. Chapter IV delves into India's national-level response, including its legal system, policies, and the role of national human rights institutions. Chapter V assesses the compliance of India's policies and legislation with international human rights standards.
What are the key words associated with this document?
Key words include child marriage, human rights, international law, India, South Asia, cultural relativism, universalism, legal framework, policy analysis, compliance assessment, and national human rights institutions.
What specific aspects of Indian law and policy are examined?
The document examines India's international commitments and domestic legal system, including personal laws (Hindu, Muslim, and Christian) concerning marriage. It also assesses the legal framework and policies aimed at tackling child marriage and the roles of various national human rights institutions.
How does the document address the conflict between cultural relativism and universalism?
The document acknowledges the theoretical complexities of cultural relativism versus universalism in addressing child marriage, framing the discussion within the context of international human rights law and its applicability to cultural practices.
What is the scope of the geographical area covered in the study?
The study primarily focuses on India at the national level, but it also provides a broader perspective by examining the sub-regional context of South Asia and its regional cooperation efforts.
What is the main conclusion of the document (as previewed)?
The preview doesn't explicitly state a conclusion, but it implies that the full document will provide a detailed assessment of India's compliance with international human rights standards concerning child marriage.
What types of sources are likely used in the full study?
Based on the preview, the full study will likely utilize international human rights law documents, national legislation, policy documents, reports from national human rights institutions, and possibly case law related to child marriage in India.
- Quote paper
- Velina Valcheva (Author), 2017, Child Marriage in India. Implementing Universal Human Rights in a Culturally Diverse World, Munich, GRIN Verlag, https://www.grin.com/document/376765
