Over the last week, police have arrested more than 2,000 men in a crackdown on illegal child marriages involving girls under the age of 18 in the north-eastern Indian state of Assam.
The fortnight-long police campaign in Assam state began after chief minister Himanta Biswa Sarma called for public help to abolish the "evil practice" which he described as rampant.
“Those arrested this week include more than 50 Hindu priests and Muslim clerics for allegedly performing marriages for underage girls in Assam,” state police chief Gyanendra Pratap Singh told the press.
In India, the legal marriageable age is 21 for men and 18 for women. However, across various swathes of the country, especially the rural hinterland, the rule is regularly flouted due to patriarchal customs and economic hardships.
The #Assam govt has launched a statewide crackdown on child marriage, with at least 2,170 persons, arrested as of 4 Feb. Assam CM #HimantaBiswaSarma tweeted, that "statewide arrests are presently underway against those violating provisions of Prohibition of Child Marriage Act." pic.twitter.com/vWK1v8mhSZ
— The Quint (@TheQuint) February 4, 2023
Men who married girls below the age of 14 years have been charged under the Protection of Children from Sexual Offences Act (POSCO) that criminalises sex between a minor and an adult. The law does not recognise a minor’s consent as valid.
Alarming teenage pregnacy rates
Those who married girls between the ages of 14 and 18 years have been booked under the Prohibition of Child Marriage Act which is a bailable offence.
India has a massive child-marriage problem and has the dubious distinction of being home to the largest number of child brides - approximately 223 million child brides, which is a third of the global total, according to UNICEF.
The UN branch estimates suggest that 1.5 million girls get married before they turn 18. About 16 percent of girls in the age group of 15-19 are married at present.
Assam has the worst maternal mortality rate (MMR) in the country. According to the last National Family Health Survey that was conducted in 2019-20, the state had an underage pregnancy rate of 11.7 percent, pointedly higher than the national average of 6.8 percent.
“Our drive against child marriage is for public health and public welfare as teenage pregnancy ratio in Assam is quite alarming,” Sarma said.
“We are resolved to continue this drive until we fulfil our objective. I urge the people to cooperate with us in controlling this harmful trend.”
A tough-handed approach
The police crackdown has drawn criticism from several quarters and protests at various places by the affected families.
It has upended the lives of several socio-economically poor communities where female relatives of the arrested men have been protesting outside police stations.
Altogether 2,211 people have been nabbed till this morning and 4,074 cases registered in connection with child marriage. The drive against child marriage to continue till 2026 Assembly election. A helpline will also be launched: CM Dr @himantabiswa pic.twitter.com/zv1cBWkFZo
— Chief Minister Assam (@CMOfficeAssam) February 4, 2023
“My son is the primary breadwinner and with him in jail who will look after the family. How do we live and how will we get legal help?” Nazia Begum, a mother from Barpeta district told RFI.
“We were not told about this drive. This is complete discrimination. How can so many people be arrested in this way?” said Malik Iqbal, a labourer from Hojai district.
Data so far shows districts with high Muslim populations have seen more arrests than others.
Many argue that the police swoop would not eliminate the problem of child marriage which would require a multi-sectoral approach and a well thought out rehabilitation support. Some argue that the roots lie in poverty, disempowerment of women and lack of adequate healthcare facilities.
“The Assam government should use a mass campaign to educate parents, rather than a coercive criminal law, to deal with the problem of child marriages,” said Faizan Mustafa, academic and legal scholar.
