Why Child Marriage Still Exists Despite Strict Laws
Child marriage has long been recognised as a profound social and legal concern in India, attracting legislative intervention, policy reform, and institutional mechanisms aimed at its complete eradication. Despite the existence of stringent statutory provisions, severe penalties, and a wide network of enforcement authorities, child marriage continues to persist in several parts of the country. This enduring practice raises significant questions about the interaction between law, society, culture, and enforcement. Understanding the reasons behind its continuation is essential to strengthen legal frameworks and ensure meaningful protection for minors.
Historical and Societal Factors Sustaining Child Marriage
One of the primary reasons child marriage survives despite strict laws is the deep entrenchment of cultural and traditional norms. For centuries, early marriage has been perceived as a customary safeguard for family honour, social security, and moral propriety. In many communities, the marriage of a minor—particularly a girl child—is viewed as a measure to preserve purity, prevent perceived moral threats, and secure the child within a socially sanctioned institution.
Economic vulnerability also significantly contributes to the prevalence of child marriage. Families facing poverty, unemployment, or social insecurity may perceive early marriage as a method of reducing financial burden. The marriage of a minor daughter often eliminates the responsibility of long-term care, education, and upbringing, particularly in regions where girls are considered an economic liability due to dowry expectations or limited access to income-generating opportunities.
In rural and semi-urban regions, limited exposure to formal education reinforces outdated beliefs. Lack of awareness of legal rights, misconceptions surrounding marriageable age, and insufficient understanding of long-term consequences create fertile ground for early marriage to continue. Therefore, even in the presence of stringent legal norms, historical and societal pressures remain stronger than compliance with statutory mandates.
Weak Enforcement and Institutional Limitations
Another crucial factor behind the continuation of child marriage is the challenge of enforcement. Although the law mandates punishment for facilitating, performing, or participating in child marriages, the practical implementation often falls short. One major issue is that child marriages frequently occur in private spaces or within tight-knit community structures, making detection difficult. Local authorities may not receive timely information, and even when they do, social resistance often prevents effective intervention.
Furthermore, enforcement agencies such as police officers, child welfare authorities, and district administrations often face logistical and resource constraints. Limited manpower, inadequate training regarding child protection laws, and absence of specialised monitoring systems hinder proactive action. In some cases, authorities may hesitate to intervene due to fear of community backlash or misunderstanding of cultural sensitivities.
The absence of a uniform marriage registration system also contributes to the challenge. While marriage registration is encouraged by law, many unions—particularly in rural areas—take place through informal ceremonies without official documentation. This lack of record-keeping makes it difficult to identify the age of parties, track illegal activities, or initiate legal proceedings. As a result, child marriages frequently escape scrutiny despite clear statutory prohibitions.
Gender Inequality, Lack of Education, and Economic Disparities
Gender-based discrimination is another core reason child marriage continues to persist. Societal structures that devalue the status of girls often view marriage as their ultimate social destiny. Girls are still perceived through the lens of domestic roles rather than as individuals entitled to equal education, opportunities, and autonomy. This mindset encourages early marriage as a means of regulating their behaviour and limiting their independence.
Education plays a transformative role in preventing child marriage, yet millions of children—particularly girl children—continue to face barriers to schooling. When young girls are withdrawn from school due to lack of access, safety concerns, or household responsibilities, the likelihood of early marriage increases substantially. Parents who do not foresee academic or professional opportunities for their daughters may consider marriage a more suitable option.
Economic disparities also leave families vulnerable to societal pressures. In regions where employment opportunities are limited and financial hardship widespread, early marriage appears to be a stabilising strategy. Families who lack economic resources to support their children’s long-term development may choose marriage as a means of securing shelter and perceived safety for them. This economic insecurity makes legal deterrence less effective, as survival concerns overshadow awareness of statutory consequences.
Social Pressure, Community Influence, and Fear of Stigma
Even in areas where individuals are aware of the legal framework, the pressure exerted by community networks remains a dominant factor. Child marriage is often facilitated by local social groups, extended families, and community leaders who follow established customs. These actors may exert significant influence, encouraging parents to conduct early marriages to conform to collective expectations. Non-compliance with such customs may lead to social ostracisation or loss of community support.
Fear of social stigma also plays an important role. Families worry that delaying marriage may invite criticism, rumours, or concerns about the child’s character. In some communities, parents fear that an unmarried girl beyond a certain age may be viewed as undesirable or problematic. This pressure leads them to arrange marriages at an early age despite knowledge of legal consequences.
Additionally, in cases where minors develop relationships or where families fear the possibility of elopement, they may prefer to marry the child early to avoid social embarrassment. This urgency, driven by societal judgment rather than legal awareness, allows the practice to continue even under strict statutory prohibitions.
Need for Strengthened Awareness, Implementation, and Social Reform
The persistence of child marriage is a reminder that laws alone cannot eradicate deeply rooted social practices. While stringent statutes provide the necessary foundation, effective eradication requires a multi-dimensional approach. Strengthening awareness campaigns, enhancing access to quality education, and increasing community engagement are essential measures. Empowering child protection authorities, ensuring proper coordination between institutions, and developing a robust marriage registration system can significantly enhance enforcement capacity.
Equally important is addressing gender inequality through long-term social reform. Encouraging families to invest in girls’ education, promoting economic independence for women, and challenging cultural beliefs regarding gender roles are crucial steps toward breaking the cycle of early marriage. Community leaders, social workers, educators, and legal authorities must work collectively to dismantle the structures that normalise child marriage.
Conclusion
Child marriage continues to exist not because the law is insufficient, but because societal, economic, and cultural forces often overshadow legal mandates. The gap between legal provisions and ground reality can be bridged only through combined efforts of legal enforcement, community awareness, economic empowerment, and gender-sensitive reforms. True change requires altering the mindset that perpetuates early marriage, ensuring that every child’s rights, dignity, and future are protected under the law.
