Child Marriage In India: Socio-legal and Human Rights Dimensions

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Item Code: IDF360
Author: Jaya Sagade
Publisher: Oxford University Press, New Delhi
Language: English
Edition: 2005
ISBN: 0195668901
Pages: 302
Cover: Hardcover
Other Details 8.4" X 5.8"
Weight 530 gm
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Shipped to 153 countries
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Book Description
From the Jacket :

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, activities, and NGOs working with children and women.

About the Author :

Jaya Sagade is Vice-Principal, ILS Law College, Pune.

CONTENTS

Foreword by Rebecca J. Cookxi
Prefacexiii
Acknowledgementsxvii
List of Acronymsxix
List of Tablesxxi
Introductionxxiii
The Term 'Child Marriage'xxvi
Focus on the Girl Childxxvii
Feminist Methodxxviii
Human Rights Approachxxxv
Overviewxxxvii
Conclusionxxxix
Appendixxl
1.Dimensions of the Problem of Child Marriage in India: Causes and Consequences1
Introduction1
Marriage in India3
Child Marriage: The Demographic Context4
Reasons for Child Marriage7
Consequences of Child Marriages: Epidemiological Context14
Other Consequences of Child Marriage21
Barriers Faced by Adolescents22
Summary and Conclusion24
2.Legal Discourse on Age of Marriage35
Introduction35
Law Relating to Child Marriages36
Child marriage Restraint Act, 192943
The Indian Penal Code and the Minimum Age for Consensual Sexual Intercourse63
3.Personal Laws, Legal Reform, and the Judiciary73
Introduction73
Personal Laws74
Lacunae and Contradictions in Laws85
Reforms in Law86
Legal Literacy90
Sensitizing the Judiciary91
Brandeis Brief92
Initiating Public Interest Litigation92
The Role of Law97
Conclusions100
4.Child Marriage and International Human Rights111
Introduction111
Obligations of the Government to Implement Human Rights113
Methodology116
Evolution of International Human Rights117
International Human Rights and Child Marriage125
5.Human Rights Violated by the Custom of Child Marriage132
Introduction132
Right to Equality132
Right to Marry and Found Family148
Right to Liberty and Security159
Right to be Free from Slavery163
6.The Girl Child's Right to Development: Adverse Consequences of Child Marriage175
Introduction175
Rights Affecting Reproductive Health175
Rights Affecting the Development of the Girl Child192
7.Strategies and Future Action208
CEDAW and CRC: Need for Collaboration208
Strengthening International Normative Standards209
Strategies for Implementation of Human Rights at National Level210
Future Action215
Conclusions221
Select Bibliography231
List of Cases250
Index253

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