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Women’s Empowerment and Child Marriages

Vasundhara Mohan, PhDDirector (Programmes), Institute of Indian Culture, Mumbai-400

093_____

Global focus on women’s empowerment began at the 1985 UNWomen’s Conference in Nairobi. However, women’s empowermentwas looked at in terms of making them literate, economicallyindependent, conscious of health and hygiene, capacitybuilding to play a cognizable, if not the main, role inconflict transformation and, finally, politicalparticipation. Tangentially, the concept of women’sempowerment also started looking at patriarchal societiesthat controlled women’s lives. For, in such societies, evenliterate mothers have not been able to prevent theirdaughters being married off at a very young age, denied ofeducation and the pleasures of childhood. What supports, orwhat does not permit prevention, of child marriages is thecultural tradition, often attributed to religious norm,besides poverty and superstitious beliefs.

The International Council for Research on Women notes:‘child marriage is most common in the world’s poorestcountries and among the poorest households. Girls living inpoor households are almost twice as likely as girls fromwealthier homes to marry before 18. Although families havedifferent motivations for marrying their daughters early,girls are sometimes seen as an economic burden that can berelieved through marriage.’ (1)

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The ICRW lists the following 20countries being the hot spots for childmarriages.Rankin

gCountry Percentag

e marriedyoungerthan 18

Ranking

Country Percentage

marriedyoungerthan 18

1 Niger (1998) 76.6 11 India (1998-99)

50.0

2 Chad (2004) 71.5 12 Ethiopia(2000)

49.1

3 Bangladesh(2004)

68.7 13 Liberia (1986) 48.4

4 Mali (2001) 65.4 13 Yemen (1997) 48.4

5 Guinea (1999) 64.5 15 Cameroon(2004)

47.4

6 CAR (1994-95) 57.0 16 Eritrea (2002) 47.0

7 Nepal (2001) 56.1 17 Malawi (2000) 46.9

8 Mozambique(2003)

55.9 18 Nicaragua(2001)

43.3

9 Uganda (2001-01) 54.1 19 Nigeria (2003) 43.3

10 Burkina Faso(2003)

51.0 20 Zambia (2001-02)

42.1

(Source: Demographic Health Survey Data, quoted in ICRW Policy Brief2007. Available at https://www.icrw.org/files/publications/New-Insights-

on-Preventing-Child-Marriage.pdf)

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A number of countries of the World have prescribed theminimum age limits for marriage. Such age limits areapplicable to all the citizens of the respective countriesirrespective of the religion of the parties.

Minimum age limit Countries/ProvincesMale 22, female 20 People’s Republic of ChinaBoth 21 Puerto Rico, Philippines, SingaporeMale 21, Female 18 Algeria, Bangladesh, IndiaMale 21, Female 17 Mississippi (USA)Male 16, Female16 Hong Kong (without parent consent it is 21 for

both genders), SAR of ChinaBoth 20 Senegal, Japan, South Korea, Taiwan, Thailand,Male 20, Female 17 TunisiaMale 20, Female 15 ThailandMale 19, Female 17 Nebraska (USA)Both 18 Ethiopia, Morocco, Chile, Peru, Venezuela, Iraq,

Kazakhstan, Sri Lanka, Austria, Belgium,Croatia, Czech Republic, Denmark, Estonia,Finland, France, Germany, Hungary, Republic ofIreland, Italy, Lithuania, Netherland, Norway,Romania, Russia, Spain, Sweden, Switzerland,Turkey, Ukraine

Both 18 (USA) Nevada, New Hampshire, New Jersey, NewMexico, New York, North Carolina, North Dakota,Oklahoma, Oregon, Pennsylvania, South Carolina,South Dakota, Tennessee, Texas, Utah, Vermont,Virginia, Washington, West Virginia, Wisconsin,Wyoming,

Male 18, Female 17 Indiana (USA), Armenia, Azerbaijan, Israel,Lebanon, Syria, Uzbekistan, Northern Ireland

Male 18, Female 16 (USA) Alabama, Alaska, Arkansas, Colorado,Connecticut, District of Columbia, Delaware,Florida, Idaho, Illinois, Iowa, Kansas,Kentucky, Louisiana, Maine, Maryland, Michigan,Minnesota, Montana, Ohio

Male 18, Female 16 Pakistan, Egypt, South Africa, Argentina,Brazil, Canada, Mexico, Indonesia, Poland,Portugal, England and Wales, Jersey, Australia,New Zealand

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Male 18, Female 15 Tanzania, Georgia, Hawaii and Missouri (USA)Male 18, Female 14 AfghanistanMale 17, Female 14 MadagascarBoth 16 Kenya, Maldives, ScotlandPuberty Sudan, YemenMale 16, Female 16 JordanMale 16, Female 14 ParaguayMale 15, Female 13 Iran

(Source: Legal Minimum Marriage Age; Past and Present, Available athttp://www.muslim-marriage-guide.com/marriage-age.html. Accessed 31

October 2010) Muslim-majority countries are shown in italics

While the legal provisions are one thing, how far the law isrespected and followed by the citizens and enforced by thestate, depends on a number of factors. At least the legalage limits for marriage does not stop a boy and girl gettingengaged and this was amply illustrated by a reportedincidence from Syria. In October 2010, five-year-old Khalidgot engaged to three year old Hala at Homs, about 100 milesnorth of Damascus, in the presence of friends and family

members.(2)

Though the union wasundoubtedly arranged by thechildren's parents, familymembers say both Khalid andHala were in love and hadconsented to the betrothal. Thewedding was expected to take

place in 10 years, when Khalid will be 15 and Hala not yet13 years old. Even after 10 years, Hala will still be notready to wed legally, as the Syrian law stipulates that thegirl should be at least 17.

Effects of child Marriages

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When the marriage of a girl child is involved, it does notmatter to which religion the girl child belongs; she is ahuman being first. It is a question of whether sheunderstands the meaning of marriage, whether she has thematurity of mind to accede to a marriage and thepsychological and physiological effects of her gettingmarried and allow the marriage to be ultimately consummated.

In a child marriage, not only the rights of the individualsinvolved get violated but their unpreparedness to protectthemselves against any violation makes them more vulnerableto further exploitation. In that sense, child marriage is aclear violation of human rights. The following are listed asthe consequences of early marriages: (3)

Early unwanted pregnancies and unwanted children; Increased risk of maternal and child mortality; Increased vulnerability to HIV and other STIs; Burden of motherhood, responsibilities from young

age; Lack of education; Lack of skills to be viable in the labour market; Limited social support because of social isolation.

Begetting children at a young age poses serious healthrisks. The body of an adolescent girl is not fullydeveloped. Her uterus and other reproductive organs are notmature or properly equipped to support the development ofanother human life. The ideal age for conceiving is betweenthe age of 20 and 35. (4)

Juliana Shulman writes: ‘Despite international human rights’effort, eradication of child marriage is greatly hindered bythe intertwined social issues that often lead to and arethen in turn reinforced by the practice. Various underlying

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social factors inform why child marriage exists, including:traditional gender norms; the value of virginity andparental concerns surrounding premarital sex; pressure ofmarriage transactions (or dowries); and poverty. (5)

Apart from the social factors enumerated by Shulman,‘religion plays a key role in the perpetuation of suchharmful traditions and practices. In India, for instance,Akhai Teej is an annual festival and an auspicious day formarriage among Hindus. It is not uncommon for politicalleaders and government officials to attend these ceremoniesto bless the newly-married children and impart legitimacy tothe practice. The society in turn, instead of playing awatchdog role, is an enthusiastic participant in thedeliberate perpetuation of entrenched interests, includingproperty and social considerations, all which make childmarriages so common. (6)

According to Riaz Haq, founder and President of PakAlumniWorldwide, a global social network for the Pakistanis, SouthAsians and their friends, ‘over 40% of all child marriagesin the world take place in India, making it the childmarriage capital of the world. Nearly half of all the Indianmarriages involve a child bride, ranking it at number 11among 68 nations where child marriages are reported. Childmarriages account for nearly a quarter of all marriages inPakistan, according to UNICEF. (7)

Child marriages in the Muslim world

Delivering the key-note address at the National Conferenceon Islam and the Education of the Girl Child organised bythe Abuja-based Centre for Regional Integration andDevelopment in Nigeria on 23-24 October, 2010, His EminenceAlHaji Muhammad Saád Abubakar, the Sultan of Sokoto, said:June 2015 Page 6

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‘It was also the religion of Islam which conferred on thegirl the right to education and consequently the ability tocomprehend her rights and obligations and to play aneffective role in the affairs of the society. The historicalrecord of women Islamic scholars and saints as well as womenleaders is there for us to learn and behold.’

But, Muslims who support early marriages for girls rely onthe Sunnah of the Prophet and argue that the practice wasnot criticized by his contemporaries as marriage at the timeof a girl's puberty was the norm of his times in allcultures and religions. However, the antagonists of childmarriages point out that the practice should be contextuallyunderstood. ‘Given a changing set of circumstances withavailable data on the harmful impact of early marriage on agirl's well-being, then the practice can change and that itis not un-Islamic to campaign to reduce the incidence ofearly marriage. There is a principle developed by Muslimjurists to close the door to negative consequences. Doespuberty = maturity = marriage? Much research is available tochallenge this assumption from economic, health, social andindividual development perspectives. Marriage is not justabout biology’. (8)

There is a realization that the practice of marrying off“underage” girls is becoming more problematic in the Muslimworld, and the concept of Ijbar (the duty or right of thefather or guardian of a female minor or virgin to give herout in marriage), has been generating a renewed debate amongMuslims globally. The following is an excerpt from Daily Trustpublished from Abuja, Nigeria:

“Although there is no consensus yet among Islamicscholars as to what the right marriageable age forgirls should be, there are textual evidences that both

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adult and minor females should not be married offwithout their consent. Yet, many parents and guardiansmarry off female minors without their consent forsocio-economic reasons which have no basis in Islam. Such arbitrary exercise of Ijbar is increasingly beingchallenged at the law courts in many Muslim countriesincluding Saudi Arabia where a forced marriage of an 8-year-old girl to a 50-year-old man was recentlyannulled by a court. There have been suggestions thatauthorities in Muslim countries should fix the minimummarriageable age for girls at 15 to check the arbitraryuse of Ijbar by parents and guardians”. (9)

The author of the article contends: “Recently there has beena media portrayal of child marriage as a Muslim issue,whereas, in reality, it is not. The primary cause of childmarriage is poverty. Even though the practice has decreasedover the past 30 years, it is still present in various ruralareas especially among the poorest of the poor. These areasinclude Africa, Latin America, Southern Asia and theCaribbean”.

Professor Tahir Mahmood, Islamic Scholar and a full-timemember of the Law Commission (India) points out: “in Muslimlaw, on attaining puberty, a marriage may only be permissible; it is notmandatory by any interpretation. Neither the Quran nor the Prophetprescribed any fixed age for puberty or marriage. Thesupposedly lowest age of puberty for girls (9 years) wasbased on some precedents of 7th century Arabia, said to havebeen accepted by Imam Abu Hanifa 100 years later. Two otherjurists of Abu Hanifa's time, Qazi Ibn Shubruma and Abu Bakral-Asam, had disapproved of minor girls' marriages, relyingon some indications in the Quran.” (10) (Accent supplied)

Substantiating Professor Mahmood’s views, Sisters in Islam(Malaysia Chapter) contend: ‘We argue, however, that the

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onset of puberty is no indication of sufficient maturity formarriage. While the Qur'an does not state a specific age asthe age of marriage, Surah an-Nisa’ 4:6 requires that whenorphans reach the “age of marriage” or “a marriageable age”they can be tested for “sound judgment” or “maturity ofmind.” This indicates that a marriageable age is linked tosoundness of judgment and maturity of mind. Puberty alone isnot sufficient’’ (11)

While the Sisters in Islam argue in favour of increasing theage at marriage of girls on health grounds, they feel sadthat ‘any campaign to reduce the practice of child marriagein Muslim societies face particular criticisms andchallenges from conservative religious forces. There arethose who support child marriage on the basis of thepractice of the Prophet (s.a.w). But why is the Prophet'smarriage to Aisha selected as the exemplary age of marriagefor Muslims while his marriage to Khadija, a widow 15 yearsolder than him or his marriage to other widows and divorceesignored as exemplary practices? (12)

Throwing light on the practices followed in Muslimcountries, Tahir Mahmood writes: ‘The first State law forthis purpose was enacted in Egypt in 1923. Many other Muslimcountries followed suit… … However, the actual working ofthese newly enacted laws tells a different story. Nowhere inthe Muslim world has the practice of the minor's marriagebeen wholly abandoned.” (13)

It will be seen from the data provided earlier (Table atpage 2) that in a number of Muslim countries the minimum ageat marriage for girls is low. While Sudan and Yemen permitgirls’ marriage once they attain puberty without specifyingthe age, in some Muslim countries where the Ulema hold the

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sway, efforts by the governments concerned to raise theminimum age have failed. For instance:

Iranian Council of Guardians vetoed Iran Parliament’sproposed to raise the minimum age at marriage to 15 forgirls and 18 for boys, saying that the proposed measurewas contrary to Islamic law and ruled that girls asyoung as 9 can be married with parental permission. Ms.Vahideh Talaghani, Member of Iranian Parliament said:'The council is not considering the consequences offorced marriages. We must ensure that our young peoplereach their physical and intellectual maturity.' (14)

When Bahrain’s Minister for Justice and Islamic Affairsdefended a new law which sets the minimum age atmarriage for girls at 15, members of the largestopposition group (Al-Wefaq) in the parliament opposedthe law on the ground that it was against Islamicprinciples. The minister assured that parents whowanted to get their children married at younger agescould seek the consent from courts. Pointing out thatthe new law was against UN Convention of Elimination ofall forms of discrimination against women, the BahrainWomen’s Union has demanded that the age for marriagefor both men and women should be fixed as 18 years.(15)

In 2009, Yemen’s parliament was considering a Billraising the minimum age of marriage to 17. Butconservative parliamentarians argued that the Billviolated Sharia, which does not stipulate a minimum ageof marriage. More than 100 leading religious clericscalled the attempt to restrict the age of marriage “un-Islamic.” The bill was never signed into law.

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Saudi Arabia has not fixed any minimum age for the marriageof girls. Consequently, marrying off young girls, especiallyto men the age of their fathers, has stirred heated debatesand demands on the state to legislate a marriage age. TheSaudi media has been playing a vital role in raisingawareness of the negative impact of child marriage and indiscouraging Saudi parents from getting their daughtersmarried to aged men with an eye on monetary gains. (16) DrAbdul Rahman Al Subeihi, a child expert at the SaudiArabia’s National Committee for Childhood, has beenemphasizing on the need for curbing child marriages andasking the Ministry of Justice to enact a law to forbidmarriages of girls under the age of 18. He said: "Thepsychological, physical and emotional impact of suchmarriages lead several victims to depression and psychicproblems, and some of them even commit suicide. Most ofthose who prefer to marry minor girls are rich old people.These aged men want to satisfy their sexual desires, andmost of the marriages end in failures and divorces." (17)

However, the Saudi Clerics hold on to their views. Ahmad Al-Mu'bi, an officiant for marriages contended that age is nohindrance to marriage under Islam and said that marriagecontracts are appropriate for girls as young as age 1. Heheld that Prophet Muhammad, who married one of his wiveswhen she was 6, as the model for marriages. He distinguishedbetween marriage and sex, saying:

‘There is no minimal age for entering marriage. You canhave a marriage contract even with a 1-year-old girl,not to mention a girl of 9, 7, or 8. This is merely acontract [indicating] consent. The guardian in such a casemust be the father, because the father's opinion isobligatory. Thus, the girl becomes a wife. But is theJune 2015 Page 11

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girl ready for sex or not? What is the appropriate age forhaving sex for the first time? This varies according to

environment and traditions. In Yemen, girls are marriedoff at 9, 10, 11, 8, or 13, while in other countriesthey are married off at 16. Some countries have legislatedlaws forbidding having sex before the girl is 18. The

Prophet Muhammad is the model we follow. He took 'Aishato be his wife when she was 6, but he had sex with heronly when she was 9." (18)

In Philippines, under Article 16 of the Muslim Code, theminimum marrying age is 15 for both males and females.However, upon petition of a male guardian, the Shari’ahDistrict Court may order the solemnization of the marriageof a girl who has attained puberty, even if she is youngerthan 15, but not below 12. (19)

Child marriages in India

India has the dubious distinction of being one of the 20‘hot spots’ for child marriages and child marriages continueto take place among Hindus even now, although the old sayingAshtavarsha bhavet kanya (roughly translated, a girl is fit tobe a bride once she turns eight) is no longer held valid. Inan article entitled “Controversy about age of marriage” thekamakoti.org (website of the Kanchi Kamakothi Peetham) quotesa sloka from Manusmriti, which translates as under:

"A girl who has come of age must wait for three years for agroom to come seeking her hand. If no such groom turns up,she may herself go looking for a groom." Here too it ispost-puberty marriage that is indicated. Not only that.Manu's code of conduct, it is argued, is "modern" in that itpermits a girl to look for a husband herself without anyneed for her elders to do so. After Manu, the reformers

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contend, the orthodox Vedic scholars changed everything andmade the marriage custom barbarous. (20)”

There are state-wide variations in the incidence of childmarriages in India. As per National Family and Health Survey(NFHS-3), States with higher incidence of child marriagesare Bihar (69%), Rajasthan (65.2%), Jharkhand (63.2%),Madhya Pradesh (57.3%), Uttar Pradesh (58.6%), Chhattisgarh(55%), Andhra Pradesh (54.8%) and West Bengal (54%). Stateswhich have done better are Goa (12.1%), Himachal Pradesh(12.3%), Manipur (12.9%) and Kerala (15.4%).

While religion-wise break-up of the percentages mentionedabove is not available, from all accounts, it is evidentthat most of the child marriages take place in Hindu andMuslim families. In October 2010, Dr Girija Vyas, Chairmanof National Commission for Women said in a press conferencethat a large number of child marriages were taking place inthe Muslim community in the country. Speaking atTiruvananthapuram (Kerala State), she said that childmarriages were more in the northern districts of the state,especially Malappuram district, (a Muslim-majority district)compared to the southern districts. She however agreed thatthe incidence of child marriages was less in Kerala ascompared to states like Rajasthan and Bihar. (21) She added:“However, under Muslim Personal Law, a girl can be marriedonce she attains puberty and hence we cannot say that suchmarriages are not valid. We need to evolve a uniform lawwhich does not leave room for any confusion and state thatthe minimum marriageable age for women is 18 years and thatfor men is 21 years. But the demand for this should comefrom within the community.” (22)

In terms of absolute numbers, the following are the figuresof child marriages reported in the various states during the

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years 2006 to 2008. The figures, obviously, cannot beconsidered to reflect the ground reality, as many childmarriages go unreported and often the law-enforcementagencies in rural areas, where most such marriages takeplace, are either related to one of the two familiesinvolved or turn a blind eye to such incidents.

Cases of child marriages reported (National CrimeRegistration Bureau)

State 2006 2007 2008Andhra Pradesh 17 21 19Assam 1 1 1Bihar 2 8 8Chhattisgarh 5 4 5Goa - - 1Gujarat 12 14 23Haryana 7 4 4HimachalPradesh

1 1 2

Jharkhand 0 4 0Karnataka 6 4 9Kerala 1 1 4Madhya Pradesh 4 5 2Maharashtra 15 7 5Meghalaya 2 1 -Orissa 3 1 1Punjab 9 5 6Rajasthan 1 3 3Tamil Nadu 6 2 4Tripura 1 1 -West Bengal 6 9 6Total 99 96 103

The reasons for child marriages are many. Social customs,tradition, family and societal pressures perpetuate thepractice of child marriage. The girl child is generallyconsidered to be a burden and traditionally the attitude ofthe society has been to get her married as early as

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possible. The justification given by parents and thecommunity is that the quantum of dowry will be low when thebride and the groom are young. Safety of the girl child fromsexual violence and the inability of parents to guaranteesuch safety is another justification for child marriage.There is a belief that child marriage is a protection forgirls against unwanted male attention and promiscuity andthat it is a way to ensure virginity of the bride. Also,parents see early marriage as a way to secure the girl’sfuture socially and economically. Lack of education andawareness about the consequences of child marriage isanother reason for the continuation of child marriages.

Efforts at prohibiting child marriages in India

Mahatma Gandhi’s efforts led to the passing of the Sarda Act(Act No.19 of 1929) on 1 October 1929 (effective from 1April 1930), aimed at imposing penal sanctions against thosewho pushed female and male children into matrimony. Amidststiff opposition on religious grounds by all sections of thepeople, both Hindu and Muslim, it eventually became theChild Marriage Restraint Act 1929; a penal law made equallyapplicable to all Indians. It fixed a minimum age for themarriage of girls and boys. But, the law laid down penalties- short-term imprisonment and/or fine - for thoseresponsible for its violation, leaving the legal validity ofmarriages hit by its provisions wholly unaffected. Among theopponents of the Bill in 1929, Hindu clerics were dominant,but the Muslims had not lagged behind, although the practicewas not as common among them as it was among the Hindus.Muslims argued that the Bill violated the Shari’ah whichallowed marriage of young girls and boys by their own freewill on attaining bulugh (puberty), and by the action of

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their guardians even earlier. The objections were dismissedand the Bill became law in 1929. (23)

Passing of the Sarda Act alone was not enough to stop childmarriages. This was evident in the reply given by theSecretary of State for India in response to a questionraised in the House of Commons, when he said that the onlyagency which can secure its effective working is publicopinion. (24)

The Act was later amended in 1978 to raise the minimum ageat marriage to 18 in the case of girls and incorporating thelowest permissible age of marriage into all the otherfamily-law statutes as well by simultaneously amending theChristian Marriage Act 1872, the Parsi Marriage and DivorceAct 1936, the Special Marriage Act 1954 and the HinduMarriage Act 1955 then laid down under this Act wasincorporated by simultaneous amendments. 

The Child Marriage Restraint Act 1929 (Act 19 of 1929)

When Mahatma Gandhi learnt from the 1921 census report thatthere were over 600 brides in India in the age group of oneto 12 months and that these unfortunate 'brides' belonged tothe majority community, he began the Vidhwa Kunwari movementto awaken the people to the need of renouncing the archaiccustom of tying wedding knots on children. (According to the1921 Census Report, there were 612 Hindu widows who wereless than 1 year old, 2024 were under 5 years, 97857 wereunder 10 years and 332,024 were under 15 years of age). Thereason for such child marriages was that it was sanctionedby the Hindu scriptures. Such marriages were prevalent to alesser degree among the Muslims and Christians during thesaid period. (25)

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The Child Marriage Restraint Act had the specific objectiveof eliminating the evil which had the potentialities ofdangers to the life and health of a female child, who couldnot withstand the stress and strains of married life and toavoid early deaths of such minor mothers.

Section (2) of the Act defined "Child” as one, who, if amale, has not completed twenty one years of age, and if afemale, has not completed eighteen years of age. Section 3provided that any male above eighteen years of age and belowtwenty one, who contracted a child marriage shall bepunishable with simple imprisonment which may extend tofifteen days, or with fine which may extend to one thousandrupees, or with both; and under Section 4, if the malecontracting a child marriage is above 21 years of age, shallbe punishable with simple imprisonment which may extend tothree months and shall also be liable to fine. The law alsoprovides for punishment of the person solemnising a childmarriage and the child’s parents or guardian. The law, whichcame into force from the 1 April, 1930, extends to the wholeof India except the State of Jammu and Kashmir, isapplicable to all citizens of India within and beyond India.

Law Commission recommendations

In 2006, while considering a Writ Petition (Crl.) No.81/2006, the Supreme Court sought the assistance of the LawCommission on certain legal issues relating to ChildMarriage, and the different ages at which a person isdefined as a child in different laws. During the pendency ofthe Writ Petition, the Prohibition of Child Marriage Act,2006 (Act.6 of 2007) (in force from 1 November 2007) wasenacted repealing the RCMA Act 1929, so as to prevent andmerely restrain child marriages. The new Act defined a child

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as one who, if male, has not completed twenty one years ofage and, if female, has not completed eighteen years. TheAct also provided that ‘every child marriage, whethersolemnised before or after the commencement of this Act,shall be voidable at the option of the contracting party whowas a child at the time of the marriage.’ The Law Commissiontook these changes into account and further examined whetherthe new Act addressed all the concerns relating to childabuse, health and human rights, which are an inevitableconsequence of child marriage. PCMA declares that in certaincircumstances the marriage of a minor will be declared nulland void. These situations include a minor (a) enticed outof the keeping of the lawful guardian; or (b) by forcecompelled, or by any deceitful means induced to go from anyplace; or (c) is sold for the purpose of marriage; and madeto go through a form of marriage or if the minor is marriedafter which the minor is sold or trafficked or used forimmoral purposes.

Marriage of under-age girls continues to be practiced inseveral states of India, both by both Hindu and Muslimcommunities, in spite of the Law prohibiting such marriages.The 18th Law Commission headed by Justice Mr. A.R.Lakshmanan in 2006 studied the existing scenario and theimplications of child marriages. The Commission observed:‘It is a well known fact that child marriage has a specificgender dimension and the adverse effects of child marriagehave a greater impact on a girl child’. In its reportsubmitted to the Government of India in February 2008, TheLaw Commission observed:

“Child marriages continue to be a fairly widespreadsocial evil in India. In a study carried out betweenthe years 1998 to 1999 on women aged 15-19 it was found

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that 33.8% were currently married or in a union. In2000 the UN Population Division recorded that 9.5% ofboys and 35.7% of girls aged between 15-19 weremarried. This showed that child marriage was far moreprevalent amongst girls and this highlighted the genderdimension of the problem. ’

‘The National Family Health Survey of 2005-2006 (NFHS-3) carried out in twenty-nine states confirmed that 45%of women currently aged 20-24 years were married beforethe age of eighteen years. The percentage was muchhigher in rural areas (58.5%) than in urban areas(27.9%) and exceeded 50% in eight states. Thepercentage of women aged 20-24, married by the timethey are 18, stood at 61.2% in Jharkhand followed by60.3 % in Bihar, 57.1% in Rajasthan, 54.7% in AP, and53% in MP, UP and West Bengal. The NFHS-3 findingsfurther revealed that 16% of women aged 15-19 werealready mothers or pregnant at the time of the survey.It was also found that more than half of Indian womenwere married before the legal minimum age of 18compared to 16% of men aged 20-49 who were married byage 18. Though NFHS-3 did not compile data on girls whowere married below the age of 15, the 2001 Census ofIndia had revealed that 300,000 girls under 15 hadgiven birth to at least one child.

Commenting on the adverse effects of child marriages, theLaw Commission said: ‘Young married girls are a unique,though often invisible, group. Required to perform heavyamounts of domestic work, under pressure to demonstratefertility, and responsible for raising children while stillchildren themselves, married girls and child mothers faceconstrained decision-making and reduced life choices. Boys

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are also affected by child marriage but the issue impactsgirls in far larger numbers and with more intensity… Where agirl lives with a man and takes on the role of caregiver forhim, the assumption is often that she has become an adultwoman, even if she has not yet reached the age of 18.”(26)

Observing that the age of marriage for both boys and girlsshould be 18 years as there is no scientific reason why thisshould be different, and keeping in view some of theexisting practices that abet child marriages, the LawCommission made, inter alia, the following recommendations(27):

a. That child marriage below a certain age i.e. 16years of age be made void.

b. All marriages between 16 and 18 should be madevoidable at the option of either party.

c. Registration of marriages within a stipulatedperiod, of all the communities, viz. Hindu,Muslim, Christians, etc. should be made mandatoryby the Government.

Indian Muslims

Although child marriages have been taking place in bothHindu and Muslim communities of India, Hindus have notjustified the practice nor have they opposed the laws thatprohibit child marriages on religious grounds. As alreadystated, most of the child marriages take place in ruralareas among the illiterate, both Hindu and Muslim, who areeither not aware of the law or are in need of a certificateof registration of the marriage. But, what causes concern isthe attitude of the educated leadership of a community whichdoes not want to intervene in preventing child marriages or

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does not want to bother about such incidents among the poorof the community, in spite of understanding the implicationsof child marriages. The All-India Muslim Personal Law Board,which considers itself as the guardian of the religious andsocio-economic aspects of the Muslim community in India doesnot approve of the 1929 Act, which prohibits child marriagesand insists that in family matters the country's Muslimsshould be subject only to Islamic law, the Shariah. Itmaintains that it is supported by the 1937 Act upholdingMuslims' right to be guided by this law.

Consequently, the All India Muslim Personal Law Board haddecided to intervene before the Supreme Court on extensionof the Child Marriage Restraint Act to Muslims. The Boardfelt Muslims should be exempted from the purview of the Act.Muhammad Rahim Quraishi, Secretary of the Board had anoccasion to say that as per the Shariah, a girl could marryafter reaching puberty.

In January 2010, the mother and relatives of a 14-year oldMuslim girl, including her husband-to-be, argued before theHigh Court of Bombay that the age for marriage as mandatedunder the Child Marriage Restraint Act, 1929 was notapplicable to Muslims, as the Muslim Personal law permittedthe marriage of girls after they attain puberty. Based on acomplaint filed by her maternal uncle, the girl in questionwas ‘rescued’ by the Police from her home in Aurangabad(Maharashtra) before she could be married in December 10,2009 and sent to a Children’s Welfare Home in Mumbai. Thepetitioner complained that the action of the police was aviolation of her fundamental right to profess a religion ofher choice as enshrined in the Constitution of India underArticle 25. (28) Justice Mr. D.B. Bhosale, who was hearingthe petition along with Justice Mr. A.R. Joshi, said: "We

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talked to her. She wants to pursue her studies. She wants tostudy medicine. It is unfortunate that her parents insistedon getting her married." Seeking the girl’s custody, hermother’s advocates cited a 1938 judgment with respect toprofessing a religion and prescription for the age ofmarriage. Justice Ms. Ranjana Desai and Justice Ms. MridulaBhatkar, however, sought recent judgments pertaining to thepermissible age for marriage as they wanted to see whetherpersonal law will override general law. It is not a question

of the applicability of the general laws of the country toMuslims but in the name of religion, could a child’s rightsbe abused?

In the above case, Yusuf Muchhala, Senior Counsel appearingfor AIMPLB told the Bombay High Court: "We are not happywith this law." (The Child Marriage Restrain Act) Appearingfor the Central Government, Additional Solicitor GeneralDarius Khambata said that the Act was completelyconstitutional, and it did not violate freedom of religion.He said that there was difference between "religion" and"religious practices", and interfering with latter did notamount to violation of freedom of religion.

When the case was taken up in February 2010, AdditionalPublic Prosecutor Usha Kejariwal argued that PCMA wasapplicable to all citizens and cited a judgment of AndhraPradesh High Court, which said that a Muslim person whoparticipates in marriage of a minor boy or girl can beprosecuted; but marriage itself cannot be voided on theground of age. In Zakia’s case marriage has not taken place.However, Petitioner’s lawyer Prakash Wagh said that he waschallenging the Constitutional validity of Prohibition ofChild Marriage Act. A Division Bench consisting of JusticeRanjana Desai and Justice Mrudula Bhatkar were of the viewthat if this marriage was allowed, it would set a precedent

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for marrying off other minor girls. “We will lay down a law(in this regard),” the Bench said and refused the requestfor handing over custody of the child to her mother.Subsequently, after the parents furnished an undertaking notto marry the girl till she turned 18, the Court allowed thegirl to return to her native place with her parents. (29)

Answering a question "where in Quran is the age for marriagefor girls (and/or boys) mentioned?” an Islamic websitereplied as follows:

‘It is not mentioned by numbers in the Quran, but Godestablishes big clear standards that indicate thatmarriage can happen when maturity was achieved. As weall know maturity varies from one continent to another,from the hot countries to the cold ones, from one sexto another, and from one civilization to another. Godknows that and he deliberately and out of His mercy,did not put an age rule for us. He left it for everycommunity to decide while following the general rulesof maturity supplied in the Quran’.

‘As we said before marriage means taking crucialdecisions which are essential for a long marital lifeas per Quran, like taking solemn pledge, ascertainingmutual attraction, agreeing to the dowry (includingadjustment thereto), ascertaining whether the oppositeperson is an idol worshipper  or not and many otherissues. Further, marriage involves taking seriousresponsibilities on the part of both the spousesconcerning the upbringing of the family, which needs adegree of maturity that can best be judged by thepeople closer to the individual getting married’.

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‘As stated above, with regard to things not specifiedin the Quran, it does not make any difference todo what one wishes to do as long as the law/s decreedfor us in the Quran is/are not violated. What would beblasphemous and incorrect would be to falsely attributeones wish / choice to God. In other words, if oneprefers XYZ and then claims that God's law is XYZ ,thenthat would amount to attributing lies to God which isstrongly condemned in Quran’. (30)

Influenced by the arguments purportedly based on Quran, aMuslim lady, who was married at the age of 17, argues:

"Muslim personal law says you can marry at 12, so Ididn't see a problem with it. There are lots of badthings in society these days, so the sooner a girl getsmarried, the better." The family is insisting in the HighCourt that Muslims are entitled to follow IslamicShariah law. They say this means allowing weddings anytime after puberty, which comes earlier for most girlsthan boys”.

Her father-in-law justified early (child marriages)marriages pointing out that "women are like creeper plantsthat latch onto any tree they find - whether it's a goodtree or a bad tree. Once they get to puberty they are alwaysin danger of falling into bad ways." (31)

We have already looked into some of the reasons as to whyparents – parents of any religion - try to get theirdaughters married off at an early age. In India, and Southand South East Asia, a girl is considered an economic burdenespecially by the middle, lower-middle and poor families. Asthe girl leaves the parental home after marriage, spendingmoney on her education is considered a wasteful expenditure;

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money gone down the drain. It is also felt that if a girlacquires adequate educational qualifications to get a decentjob, she is no use to the parents as, once she gets married,her earnings remain in her husband’s home. As a son isconsidered to take care of the parents in their old age, theparents feel that it is better to invest in a boy’seducation. Secondly, the boy’s parents wish to recover themoney that they have spent on the boy’s education on theplea that once he gets married, what he earns goes to hiswife. Further, as they have spent all their savings or amajor part of – on the boy’s education, how are they to gethis sisters married, if he does not bring dowry from his ownmarriage? Finally, extracting a handsome dowry from thegirl’s parents has become a status symbol.

The un-Islamic dowry system has not left the Muslimcommunity untouched. Among the Indian Muslims, the dowrysystem, under which a girl’s father offers materialincentives to attract a well qualified or a well-to-do son-in-law, is prevalent in all states, though the quantum ofdowry may differ from state to state, the educational statusof the groom and the economic status of the parents of thegirls.

Writing about the Barak Muslims community of Assam in theNorth East India, Mumtaz Mazumdar writes;

‘It is seen that, each pre marriage discussion seem tobe initiated, not for relation sake, or for knottingtwo beings in a holy relation, which has deep andbroad connections with jannat (heaven) and jahanoom(hell). Rather, this money-minded world has beenaffecting Barak Muslims too, from years. Here, Muslimstoo calculate with both sides. Certain adjustmentswill take place, if the bride is black skinned, under-literate, under-heighted, etc. This adjustment should

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come up only in the form of dowry-payment. It shouldwhiten our eyes to see, that the truck driver who,trays the gems to the new house gets a more gleefulwelcome than the new relative! A delayed dowry mayfloat stunning remarks from the greedy, lolling, angryin-laws. It’s as if, only begins with trucked gems,and not in the loops of amazing, new, relations! Ithas become the social axe to scare all acquaintancesabout the bride’s being enough rich. Not just theboy’s side, even the fee-male side would want todisplay their ability. The more you give, the more,your position becomes stronger in society’.(32)

Within India, if marrying off underage Muslim girls toIndian Muslim boys is one aspect which could be attributedto poverty of the girls’ parents, what is more disturbing isthe marriage of underage Muslim girls in certain parts ofIndia, to Arab nationals, with whom the girls’ Indianparents have nothing in common except religion. Almost allof such marriages end up in the girl being divorced within afew days after the wedding or being abandoned by the oldArabs who had their fancy fulfilled. The following is anexcerpt from an article that appeared in Milli Gazette in 2004:

‘’Hyderabad is well-known for its Arab links since theNizam days. Arab nationals, who visit the city, mostlyon tourist visas, entice poor Muslim families withpromises of lucrative jobs and luxurious life. Poorparents marry off their daughters to such Arabs formonetary consideration. Most of these marriages end upin divorces. After fulfilling their carnal desires,most of the Arab grooms forsake their wives and leavethe country without giving their proper addresses”. 

“These abandoned wives, mostly teenage girls, facegreat psychological and physiological problems, and

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some even end up into flesh trade. No Muslimorganisation had shown any interest earlier in bringingan end to these marriages. Now Andhra Pradesh WaqfBoard has decided to probe such cases after a recentpublicised incident in which a 73-year-old UAE nationalMohammed Jaffar Yaqoob Hasan Al Jorani married andsubsequently divorced three teenage girls within ashort span of four weeks. Jorani was arrested after oneof the girls lodged a complaint with the police. TheWaqf Board has now decided to tighten the procedure ofmarriage with Arab nationals”.

“The girl, Haseena Begum (17), went to the police aftershe was divorced by Jorani barely 48 hours after their“marriage”. The Waqf Board sacked Qazi Ahmed Shariefwho had performed the nikah ceremony. The Board has nowformed a marriage cell to monitor such marriages. ...There are many more girls who fall victim to thepleasure-seeking sex maniacs and greedy brokers.Contract marriages have become a norm for suchtourists. For police it is difficult to intervene insuch cases. They act only after receiving complaints bythe victims or their parents. The police cannot have atight watch on Arab nationals as most of them come toIndia on tourist or visit visas for recreation andmedical check-up and treatment”.

“The Board has now made it mandatory for foreignnationals to seek its permission before marryingHyderabadi girls. The qazis have been instructed tostrictly follow the guidelines of the Board. It haswarned that if a Qazi performs such marriages withoutinforming the cell, he would be sacked and prosecuted.The Board will look into the antecedents of the groomsand after ascertaining certain things it will give ago-ahead for the marriage. If the Board follows itsnewly formed principles of foreign marriages, this willdefinitely scale down the cases of divorce and child

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marriage. Senior citizens and Urdu media can play apositive part in this social reform”.  (33)

Muslims who argue that marrying off girls at a very youngage is their right and sanctioned by Quran ignore the fateof the young Muslim girls who are forced to marry aged Arabswho regularly fly in from abroad and marry very young Muslimgirls taking advantage of customary law, and often, after afew weeks, leave and send the girl divorce papers in thepost. The very fact that the Andhra Pradesh Waqf Board hastaken cognizance of the situation shows the seriousness ofthe problem. Should the under-age girls from poor Muslimfamilies be left to their fate through a misinterpretationof Quran or by holding that the Prohibition of ChildMarriage Act is a secular law and hence should not beapplied to Muslims, even if it is well-meaning?

Ali Asghar of the Confederation of Voluntary Organisations(COVA), Hyderabad, opposes the custom of marrying at a youngage saying that it is often connected with poverty and lackof education. Holding that bodies like the Muslim PersonalLaw Board have too narrow an interpretation of the Koran andthe other sources of Muslim law, he says that "what theKoran said was, for both for girls and boys to be marriedwhen they are ready for it. And when they are ready for itdoes not mean just when they are physically ready for it;when they are ready to face life."

It is also argued that if the main cause of the healthproblems that occur if young girls get pregnant can beprevented if they have access to proper medical facilities.But, in most of the areas where child marriage is common,either poverty disables seeking the required medicalfacilities or there are almost no such facilities available.As regards the contention that teenage pregnancy is not

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confined to Muslims alone but is a wide spread and isprevalent even in the developed countries, the negativeeffects of child marriage are vast and quite severe as arethe consequences of teenage pregnancy, whether the teenagerbelongs to the developed world or the developing world.

Conclusion

Enacting a law prohibiting child marriages has not proved tobe the best solution. It can only discourage parents, ifthey are educated enough, in marrying off their under-agegirls to some extent. But, how does one help if the parentsthink that instead of education, marriage can give bettersecurity for their daughters in their life? Thus, althoughmost often families marry girls off to lessen their economicburdens and provide a future for their daughters, factorslike religion, tradition, or culture are always present.These are factors over which the children getting marriedhave no say. Although the best solution to end childmarriage probably lies in the eradication of extremepoverty, it is easier said than done. The law also does notprohibit a betrothal nor does it make a child marriage void.Nor is it possible for the government to keep track of childmarriages if there is no registration of all marriages witha designated authority.

Keeping the problem in view, by its judgment dated 14.2.2006a Supreme Court Bench (Justice Mr. Arjit Pasayat and JusticeMr. S.H. Kapadia) had directed that all marriages shall becompulsorily registered and directed the States to makenecessary rules within three months. Subsequently, whileconsidering the petition filed by a divorced woman (Smt.Seema v. Ashwani Kumar) a Supreme Court Bench (Justice Mr.Arjit Pasayat and Justice Mr. S.H. Kapadia) passed yet

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another order on 25 October 2007. In the said order, it wasinter alia noticed as follows:

“It has been pointed out that compulsory registrationof marriage would be a step in the right direction forthe prevention of child marriage still prevalent inmany parts of the country. In the Constitution ofIndia, 1950 (in short the 'Constitution') List II (theConcurrent List) of the Seventh Schedule provides inEntries 5 and 30 as follows: (5). Marriage and divorce;infants and minors; adoption; wills; intestacy andsuccession; joint family and partition; all matters inrespect of which parties in judicial proceedings wereimmediately before the commencement of thisConstitution subject to their personal law. (30).

Vital statistics including registration of births anddeaths

2. It is to be noted that vital statistics includingregistration of deaths and births is covered by Entry30. The registration of marriage would come within theambit of the expression 'vital statistics'.

Observing that not all the States had enacted laws makingregistration of marriages compulsory, the Supreme Courtordered that “the procedure for registration should benotified by respective States within three months fromtoday.” (34)

When the Andhra Pradesh State assembly passed the Bill onCompulsory Registration of Marriages, noted religiousscholar and president of Millat-e-Islamia, Maulana HameeduddinAqil Husami, took strong objection saying: 'This is nothingbut a step towards the implementation of the Common CivilCode' and the Ulema attending a meeting of the Tamir-e-Millatdecided to educate the community about the "nefariousdesigns" of the Andhra Pradesh government. Apart from aJune 2015 Page 30

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section of the Muslims of Andhra Pradesh, even the AIMPLBhas been rejecting the Andhra Pradesh CompulsoryRegistration of Marriage Act, 2002.

Similarly, when Tamilnadu State government issued aGovernment Order dated November 24, 2009 making registrationof marriages of persons belonging to various religions inthe state under the Tamil Nadu Marriages Registration Rules2009 compulsory, some Muslims protested against suchcompulsory registration saying that it was against Islam.

Then, where does the Muslim Board leave the Indian Muslim,today? Just as the central government did not ask Hinducitizens before it turned down the NHRC's proposal ofcompulsory registration of marriages, the Muslim Board hasassumed that Indian Muslims are solidly behind its latestscheme of further denying the Indian Constitution andfurther widening the communal rift. I don't think they are.According to reports, a Naib (Deputy) Imam of Jamia Masjid,Bangalore commented that “he has no objection if beforeregistration with the marriage registrar the boy and girlfirst seek approval from the respective mosque beforesolemnization of their marriage.” (35) Abdul Hafiz Gandhiwrites (36):

‘Time has come to shed our parochial views aboutreligion. Women and children are suffering unendurablehardships, they are crying hoarse for rescue. I knowthat registration of marriages and divorces is not apanacea of all the ills afflicting the society butcertainly it would go a long way in addressing thegrievances of the suffering women and children. Themarriage certificate issued by the marriage registrarcan be used as evidence in the court of law for provingmarriage. The in-laws of the widow deny marriages tousurp the property of the deceased husband. If marriageis registered, it will become next to impossible todeny the marriage by the in-laws. Husband or wifehardships will reduce to the minimum while accompanying

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their spouse to the foreign countries. If a person dieswithout nomination for the bank deposit or lifeinsurance policy, marriage certificate would be theproof for claim.’

Sections of the Muslim community blames the AIMPLB and DarulUloom Deoband for exhibiting their utter lack of concern orduty to the Indian Muslim community, and wonders whetherthey would like to ensure that Indian Muslims continue tolive under medieval laws while the rest of the countryprogresses. They point out that this attitude is alsoevident in the various fatwas issued by the Darul UloomDeoband concerning education of Muslim girls, and politicalparticipation of Muslim women. Unfortunately, with a view toavoiding criticism of interfering in religious matters,often the Courts and Constitutional personae allow thecommunity a wide margin. For instance, the Delhi High Courthad an occasion to observe: “The position regarding MuslimPersonal Law is altogether is different as the said lawrecognizes a marriage of a minor who has attained puberty asvalid. We do not intend to refer to the same.” (37) We havealready referred to the statement of Dr Girija Vyas,Chairman, National Commission for Women, who said that ademand for reforms in the marriage laws should come from thecommunity.

As rightly pointed out by several analysts, the main reasonfor the parents getting their minor daughters married off isilliteracy and poverty. Parents of poor families choose tomarry off their daughters early as they regard a young girlas an economic burden and her marriage as a necessarysurvival strategy for her family. They also think that earlymarriage offers protection for their daughter from thedangers of sexual assault, or more generally, offers thecare of a male guardian. Early marriage may also be seen as

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a strategy to avoid girls becoming pregnant outsidemarriage. In the case of poor Muslim parents, these factorsare abetted by the offer of a substantial mehr by rich andold suitors on one hand and the complicity of the localclergy on the other. A report on the Autonomous Region ofMuslim Mindanao in Philippines says: “Early marriage is notjust a result of cultural practices. The Muslim Code allowsit. Challenging the practice of early and arranged marriagesneeds evidence-based argumentation. Religious beliefs rankhighest, with women saying early marriage is in accordancewith their religion. This was followed by cultural reasonssuch as keeping family honour, and economic factors. A smallproportion said they married for political reasons likesettling or preventing family disputes, or forging politicalalliances, while others still report being “forced” into thearranged marriage by their parents”.

It is a known fact that Islam did not undergo any meaningfulreform to cope with the challenges of modernity. Any seriousattempt at ijtihad- a reasoned struggle and rethinking toreform Islam has been countered by specious arguments sayingthat Islam is beyond time and context and thus any talk ofrethinking is un-Islamic. This was seen during the 19thcentury when Syed Ahmed Khan, Jamaluddin Afghani, MohammadAbduh and others gave a call for ijtihad. Habib Irfan writes:“The so-called defenders of faith take refuge in Islamictradition to counter any suggestion for change, whichconforms to changing times. They fail to realize that Islamcame in with a dynamic and revolutionary social, political,and moral message. It can never be a creed to resist changein accordance with the changing contexts. Alam Khundmiri,the late activist and thinker of Hyderabad who died in 1983,was right when he said that most Muslim social reformmovements commit a common error of identifying a particular

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medieval religious tradition with Islam itself, which as areligion was itself a revolt against the superstitions ofthe age in which it was born. It is a pity that in anattempt to preserve the Islamic tradition, thisrevolutionary tradition of early Islam is being completelyignored”. (38)

Even when Har Bilas Sarda, Member of the Indian Parliamentintroduced the Bill to prevent child marriages, he was awarethat there were some Hindus who argued that it was theirreligious obligation. He questioned: “If a man demands thatit is his religious obligation to do a thing, has the stateno right to interfere with him in the performance of it? ...... If a man regards it as religious obligation to sacrificehis child to a deity to attain salvation, will anyone in hissenses concede to this man the right perpetrate that act?His argument in 1929 that: “This Bill is not merely ameasure of social reform ... ... I regard child marriage asa crime, a crime against helpless boys and girls. And itdoes not cease to be crime because it is done in the name ofreligion or because the doers of it are not ill-disposedtowards the victims”. (39)

We would like to refer to a new Manual issued by the Al-Azhar Al-Sharif in Egypt on the rights of Muslim children.The Manual states: "Marriage in Islam is regulated bycertain rules, namely, children must reach puberty andmaturity so that they can get married”. In November 2006,ministers, politicians and scholars from almost 50 Muslimstates gathered for two days in Morocco for the firstIslamic Childhood Conference, and called for "measures toeliminate all forms of discrimination against girls and allharmful traditional or customary practices, such as childmarriage and female genital mutilation". In Islam

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intellectual and physical maturity along with women’scredible permission is a perquisite for a marriage to bevalid. (40)

In concluding, we would once again like recall the speech ofSarda. Rejecting the belief in some sects of Hindus that ifa girl does not get married by the time menstruation setsin, her parents will go to hell, Sarda quoted Mrs.Bhagirathi Ammal of Madras, who said: “While the hell towhich the parents go is an imaginary one, what about theKarma or sending their own girls now to a living hell byselling them to old widowers who cannot get women of theirown age because of this pernicious custom of childmarriage?”(41)

______________Notes and references1. How to end child marriage: Action Strategies for Prevention and Protection,

Policy Brief, Washington (2007), ICRW. (Available at http://evipnet.bvsalud.org/lildbi/docsonline/0/3/030-Policy_brief_2007-childmarriagepolicy.pdf)

2. Syrian boy, 5, proposes to 3-year old girl friend. (Available at http://www.huffingtonpost.com/2010/10/25/syrian-boy-5-proposes-to-_n_773595.html)

3. Gupta, Geeta Rao. International Centre for Research on Women, June 4,2004. (Available at http://www.corecentre.co.in/Database/Docs/DocFiles/child_marriage.pdf)

4. (Available at http://www.un.org.ph/response/clusters/nutrition/keyDocs/2008%20National%20Demographic%20and%20Health%20Survey.pdf)

5. Shulman, Juliana. Child Marriage in India (Available at http://internationalstudies.uchicago.edu/outreach/archive/08-09/081118-Shulman_India-BackgroundReading.pdf. Accessed 2 November 2010)

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6. Mohapatra, Subhash. Child Marriages persist in rural India, in Asian Tribune, 29 August 2006. (Available at http://www.asiantribune.com/index.php?q=node/1763. Accessed 2 November 2010)

7. Haq, Riaz. India leads the world in Child Marriages, 21 June 2010. (Available at http://www.riazhaq.com/2010/06/india-leads-world-in-child-marriages.html)

8. Early Marriage-Child Spouses, Innocenti Digest, no 7, March 2001, a Report by the UNICEF Innocenti Research Centre, Florence, Italy. http://www.unicef-icdc.org/publications/pdf/digest7e.pdf. (Available at http://www.sistersinislam.org.my/index.php?Itemid=298&id=575&option=com_content&task=view)

9. Underage girls’ marriage: Issues and problems in Daily Trust (Abuja, Nigeria) 16 October 2009. (Available at http://www.news.dailytrust.com/index.php?option=com_content&view=article&id=7890:underage-girls-marriage-issues-and-problems&catid=3:trust-islamic-forum&Itemid=129. [An 8 year old girl was married to a 50 year old man in. In December 2008, a Court passed an order that the marriage of an eight-year old Saudi Arabian girl who was married off by her father to a man in his 50s was legal but with a condition that the groom could not have sexwith her until she reached puberty. The Court also ruled that she would not be allowed to divorce her husband until she reached puberty. However, in April 2009, new judge in Unaizah, Qassim province annulled the union due to an out-of-court settlement after lengthy negotiations between the girl's lawyer and the husband. The father is said to have married the child to a friend to pay a financial debt. According to the newspaper al-Hayat, the settlement was reached with the help of the governor of Qassim, Prince Faisal bin Bandar, who convinced the husband to back down. The husband agreed to forgo his original demand for repayment of the $8,000 dowry he gave for the girl. In many Saudi child marriages, girls are given away to older men in

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return for dowries, or following the custom by which a father promises his daughters and sons in marriage while still children. But the issue is complicated by different interpretations of Sharia law and a lack of legal certainty.] (Marriage of Saudi Arabian girl, eight, annulled, Ian Black, Middle East Editor, the Guardian, 1 May2009. (Available at http://www.guardian.co.uk/world/2009/may/01/saudi-arabian-child-marriage-annulled)

10.Mahmood, Tahir in Hindustan Times, August 1, 2002.

11.Sisters in Islam Calls for end to child marriage. Statement by Datin Paduka Marina Mahathir, On behalf of Board of Directors, Sisters in Islam, 12 Mar 2010. (Available at http://www.mysinchew.com/node/36307. ( Accessed 4 November 2010)

12.Ibid. [In May 2010 two Muslim girls aged below 12 years of age were married in spite of the fact that under the Malaysian law it is illegal to marry girls aged less than 16years without the permission of state religious officials. Kelantan Sharia chief judge Daud Mohammad told Bernama Muslims in the state who wanted to marry an underage girl had to seek permission or an exemption from the state Kadi orIslamic marriage official, with offenders liable to a fine and six months jail].( Available at http://www.straitstimes.com/BreakingNews/SEAsia/Story/STIStory_501269.html)

13.Tahir Mahmood, op cit.14.Iran: Council Of Guardians Rules 9 Years Is Girls' Marriage

Age - Brief Article, in WIN News, winter 2001. (Available at http://findarticles.com/p/articles/mi_m2872/is_1_27/ai_71563378/)

15.Women Living under Islamic Laws ( http://wluml.org/ar/node/5230 quoting Arab News, 5 May 2009)

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16.Abdul Rahman Shaheen in GulfNews. Reproduced in Counter Jihad, 20 January 2010. (Available at http://infidelsunite.typepad.com/counter_jihad/2010/01/saudi-court-to-examine-12yearold-muslim-girls-marriage-.html) [Ina recent reported incident, a 12-year-old girl from Buraidahwas forcibly married to a man in his eighties (allegedly fora Mahr of 85,000 Saudi Riyals), stirring a controversy. The rights body tried to convince the old man to annul his marriage. The girl was married off by her father to the man without her knowledge and despite stiff opposition from her mother, whom he had divorced earlier.]

17.ibid. [According to Princess Sara Bint Musaid Bin Abdul AzizAl Saud, a Saudi activist in the field of humanitarian and charity works, a lawyer has been entrusted to appear for thechild in the case. She urged the Ministry of Justice to frame a law to forbid such marriages].

18.Sex OK at 9, says Saudi cleric in WorldNetDaily 30 January 2010 [From a broadcast on LBC Television on June 19, according to the MEMRI report]

19.The Philippines: Early Marriage of Muslim Girls, January 27, 2010. (Available at http://alaiwah.wordpress.com/2010/01/27/the-philippines-early-marriage-of-muslim-girls/)

20.Available at http://www.kamakoti.org/hindudharma/part18/chap4.htm

21.Available at http://www.newkerala.com/news/world/fullnews-72798.html

22.Call to avoid ambiguity on minimum age of marriage, in The Hindu, October, 29, 2010. (Available at http://www.thehindu.com/todays-paper/tp-national/tp-kerala/article856775.ece?css=print)

23.Mahmood, Tahir. Op cit.

24. India (Child Marriage Restraint Act), HC Deb, 05 March 1930 vol. 236 c465W, (Available at http://hansard.millbanksystems.com/written_answers/1930/mar/

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05/india-child-marriage-restraint-act#S5CV0236P0_19300305_CWA_93)

25.Nagi, B.S. Child Marriage in India: A Study of its differential patterns in Rajasthan, Mittal Publications, New Delhi (1993), pp.2-5)

26.The Law Commission of India, Proposal to amend the Prohibition ofChild Marriage Act 2006 and other allied Laws, Report No.205, February 2008, (Available at http://lawcommissionofindia.nic.in/reports/report205.pdf)

27.Ibid28.Daily News and Analysis (DNA) (Mumbai Edition), January 30, 2010.29. Zeenews.com, March 30, 2010. (Available at

http://www.zeenews.com/news615079.html)30.Prophet Muhammad’s marriage from Aisha ( Available at

http://www.submission.org/women/Aisha.html.( Accessed 2 November 2010)

31.Haviland, Charles. Battle over India’s Marriage Age, BBC News, World Edition, 5 September 2002. (Available at http://news.bbc.co.uk/2/hi/south_asia/2238321.stm)

32.Mazumdar, Mumtaz. Dowry- A bane in Muslim Community, in Indegenousherald.com, May 2010. (Available at http://www.indigenousherald.com/opinion/155-dowry-a-bane-in-muslim-community-.html)

33.Imam, Manzar. AP Waqf Board to monitor child marriages, in Milli Gazette, 16-30 Jun 2004. (Available at http://www.milligazette.com/Archives/2004/16-30Jun04-Print-Edition/163006200427.htm)

34. Supreme Court of India, Judgment in Seema Vs Ashwani Kumar, 25 Oct 2007 CASE NO: Transfer Petition (Civil) 291 of 2005. (Available at http://ipc498a.files.wordpress.com/2007/10/sc-compulsoryregistrationofmarriages-oct-2007.pdf)

35.Gandhi, Abdul Hafiz. A Case for Marriage Registration, in TwoCircles.net, 26 December 2007. (Available at http://www.twocircles.net/2007dec27/case_marriage_registration.html) [Abdul Hafiz Gandhi, a research scholar at Jawaharlal Nehru University, New Delhi, India]

36.Ibid.

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37.Justice Mr. Vikramajit Sen and Justice Mr. V.K. Shali of theHigh Court of Delhi in WP (CRL) 338/2008 date of decision 31July 2008.

38.Habib, Irfan. Rethinking Islam and Hinduism, March 10, 2008. (Available at http://indianmuslims.in/rethinking-islam-and-hinduism/)

39.Sarda, Har Bilas, Speeches and Writings, Ajmer (Rajasthan,India)(1935), Vedic Yantralaya Press, pp.45-58)

40.Early Marriage, Women’s Islamic Initiative in Spirituality and Equality, in http://www.wisemuslimwomen.org/currentissues/earlymarriage/

41.Sarda. Op cit.

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