Despite the existence, since 1929, of legislation banning it, child marriage continues to be a social reality today. This book provides a thought-provoking analysis of the reasons why such marriages, which effectively deprive children of their childhood, in particular the girl child, are allowed to take place. It shows that a disproportionate number of girls are married off in childhood, as compared to boys. It goes on to establish that child marriage has a devastating effect on the health and overall development of the girl child. Jaya Sagade provides a powerful critique of the state of Indian law–the lacunae, confusions, contradictions, and lack of gender sensitivity inherent in the provisions of various statues which deal with the age of marriage, of consent, and the validity of marriage. Using the methodology of feminist legal analysis, this book makes a major contribution to the scholarship on child marriage. It examines domestic law in the context of international human rights law, and shows how this custom violates every human right to which a child is entitled, including the right to health, education, equality, liberty, and security of person, and of course, the right to make a free and informed choice of a spouse. The role of civil society in challenging the status quo is also highlighted. Addressing a significant social evil, this book is important for scholars of law and gender studies, as well as sociologists, activists, and NGOs working with children and women.
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