On December 22, 2021, the Prohibition of Child Marriage (Amendment) Bill, 2021, which seeks to raise the legal age of marriage for women from 18 to 21, was sent to a parliamentary standing committee for further discussion.

The bill is built on the assumption that raising the age of marriage will eradicate the practice of child marriage. However, this rationale doesn’t have any prior evidence to support it, because even when the legal age was set at 18, child marriages continued to take place without any fear of the law. This begs the question: Can legislation alone possibly curb child marriage?

Prevalence of child marriage

Child marriage, according to UNICEF, is defined as “a marriage of a girl or boy before the age of 18, and refers to both formal marriages and informal unions in which children under the age of 18 live with a partner as if married”. It is a consequence of deep-rooted socio-cultural norms and entrenched gender inequalities, which end up disproportionately impacting girls.

In a patriarchal society such as India, girls are often raised with the ultimate goal of marriage. They are confined to the household and not educated or expected to enter the workforce. Thus, until they are married, they are seen as a financial burden by the families, and marrying them off early is not only consistent with tradition but also more economically feasible.

The risk of an extramarital pregnancy—which can endanger marriage prospects and make the girl a financial liability for an indefinite period—also makes child marriage seem to be a solution instead of a problem for many Indian communities.

Thus, even though they’re illegal, child marriages have wide societal sanction. This is evident from the recently released fifth round of the National Family Health Survey, according to which nearly one-fourth of women aged between 20 and 24 were reported to have been married before 18.

The decrease is marginal from the last round of the survey conducted in 2015–16, despite the fact that the existing child marriage law has been in place for over four decades. While there was an impressive drop in child marriages from 2005–06 and 2015–16, this might be attributable to better educational opportunities and other factors rather than the law.

 

Concerns about the proposed legislation

The proposed legislation to raise the legal marriage age for girls to 21 can have several harmful consequences.

 

1. Possible misuse of the law

According to a survey by Partners for Law in Development, 65 percent of the cases under the existing child marriage law were in response to elopement (not necessarily involving marriage) and were filed by disapproving parents or families.

These cases would be wrongfully filed to harass the couple, their age or legality of the marriage notwithstanding. Increasing the age to 21 will bring more consenting adults who choose to marry under the threat of such harassment, and could become a tool for people to oppose inter-religious and inter-caste marriages.

 

2. Disempowerment of women
A 2008 Law Commission report on reforming family law recommended a uniform age of marriage for boys and girls at 18 years and not 21. The reason: If all citizens can vote, enter contracts, be guardians, tried as adults for crimes they commit at 18, why shouldn’t they be allowed to get married as well, regardless of their gender? The new law could curtail the freedom of choice of a greater number of women.

 

3. Possible increase in sex-selective practices
The current socio-economic system makes people want to marry their daughters as soon as they can or choose not to have a daughter at all. Increasing the legal marriage age without changing patriarchal social norms can result in parents feeling even more ‘burdened’ by what they view as additional responsibility of the girl child, which in turn could lead to an increase in sex-selective practices.

 

Recommendations

There are several strategies that have worked globally in reducing the incidence of child marriages. Some solutions that might work in the Indian context are discussed below.

 

1. Bringing about parity in the legal age of marriage

We endorse the recommendation of the 2008 Law Commission to make the legal age of marriage for boys and girls uniform at 18 years and not 21. When individuals can vote at 18, they should also be allowed to choose their partners at this age.

 

2. Investing in girls’ education

There is clear evidence that allowing girls to complete their education delays marriage and provides them with the opportunity of being financially independent. According to the NFHS-4, the median age of marriage increases from 17.2 years for women with no schooling to 22.7 years for women with 12 or more years of schooling. Education enables them to fulfil their aspirations and live a life of dignity, and affords them the agency to uphold their sexual and reproductive rights in their choice to marry.

Child marriages are closely tied to low levels of education, poverty, and rural residence. The NFHS-4 reveals that girls living in rural areas with little or no education and belonging to the lowest wealth quintile are more likely to be married before they turn 18.

The government must address the barriers to girls’ education by providing a safe environment, improving the quality of education, and making girls’ education a more useful investment for parents.

 

3. Economic and social empowerment of girls

Investing in the capacity and skill building of adolescent girls is critical for them to realise their economic potential. Financial empowerment often gives individuals a greater say in their households and their own future. It can give girls the ability to say no to early marriage, and the family won’t see them as a liability. Greater attention to creating safe opportunities for paid work among women and girls is also required.

 

4. Targeted social and behaviour change communication (SBCC) campaigns

To end child marriage, we must make investments in targeted SBCC. Social norms that exclude girls and boys from marriage-related decision-making need to change.

Evaluation findings from the Population Foundation of India’s flagship SBCC initiative ‘Main Kuch Bhi Kar Sakti Hoon’ showed that reinforced messaging brought about increased awareness of the perils of child marriage and a positive shift in the attitude of girls and parents exposed to the programme.

We need more comprehensive SBCC initiatives that are supported by local leadership—including elected representatives, community, and religious leaders—to transform gender stereotypes of submissiveness and institutional discrimination that denies women agency.

 

5. Policies and programmes that reach the most marginalised

Marginalised communities are more vulnerable to early marriages. According to the NFHS-4, general category women tend to get married at a later age, with the median age of marriage for women aged 25–49 being 19.5 years. This figure is 18.5 years for women from other backward castes, 18.4 for scheduled tribes, and 18.1 for scheduled castes.

We need more policies and programmes that connect girls and young women, and their families, especially from marginalised communities, to financial institutions, education, information, health (including sexual, reproductive, and mental health), and nutrition services.

 

6. Ensuring registration of marriages

Despite a Supreme Court ruling making registration of marriages mandatory, state governments have done little to implement the verdict. The governments must develop a mechanism to ensure that all marriages (including civil, religious, and customary unions), births, and deaths are mandatorily registered through a system, as a means to track marriages and the age of marriage.

Moreover, action should be taken against those authorising and facilitating child marriages in rural areas.

Any approach to end child marriage needs to be geared towards securing the rights of girls, especially those vulnerable to early marriage. We have to think beyond punitive measures and legislations and transform the patriarchal socio-economic system that fosters child marriages.

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Fifteen centre providing intervention services for children with autism in Vietnam have conducted various communication activities to raise public awareness on the syndrome as part of activities to respond to the World Autism Awareness Day (April 2).

Nguyen Thi Hien, Vice Director of the Vietnam Children’s Fund which is conducting a project to enhance public awareness of children with autism that covers the 15 centres, said that the best way to respond to the World Autism Awareness Day is to popularise signs of autism and call for stronger engagement of the community in supporting them.

On March 31, Khai Tri School for Special Education in Ho Chi Minh City, one of the 15 facilities, held a programme for children with autism, during which the children had chances to meet each other and develop their social skills. The event also gave an opportunity to the community to get better understanding on autism to give more love to children with autism.

During the programme, the Vietnam Children’s Fund and the Phu Nhuan Jewelry SJC (PNJ) presented gifts to children with disabilities and autism studying in the school.

According to the Vietnam Children’s Fund, on April 2, a parade in response to the World Autism Awareness Day will take place in Vinh Yen city of northern Vinh Phuc province with the participation of leaders of the fund, teachers and children with autism.

Funded and implemented by the Vietnam Children’s Fund and the PNJ, the project to enhance public awareness of children with autism started in 2018 and will last until 2023. It aims to help children with autism integrate into the society thanks to better understanding from the community.

After three years of implementation, the project has built and issued a standardised set of document on children with autism, which include rehabilitation measures for the children, while improving capacity for key management officials and teachers at intervention centres.

Within the project, many communications activities have been held to equip teachers and parents nationwide with better knowledge of autism through training activities, workshops and via the project’s website./.

                                                     Le Thi Thu Huong at the court

The Hanoi People’s Court has sentenced a woman to 21 months in prison for “abusing the rights to freedom and democracy to violate interests of the State, rights and legitimate interests of organisations and individuals.”

The decision was made at a first-instance trial on March 31 under Article 331 of the 2015 Penal Code.

49-year-old Le Thi Thu Huong, from Vu Di commune, Vinh Tuong district, the northern province of Vinh Phuc, had worked as a freelancer for some press agencies, including “Bao ve phap luat” (Law Protection) newspaper.

However, the newspaper ended the labour contract with Huong following a definite term from November 2015 to November 2018.

According to investigations, since 2020, Huong created and used Facebook accounts “Le Thu Huong (Hoang Ly)” and “Huong Le” and a Zalo account “Hoang Ly” to publish and spread articles, information and images with biased and distorted contents defaming the prestige of collectives and the honour of leaders of the newspaper, and violating legitimate rights and interests of organisations and individuals.

Huong also sent denunciations with the above-said contents to leaders of the Party, the State and some centrally-run agencies.

The Department of Information and Communications of Hanoi concluded on January 10, 2022 that the articles published by Huong’s Facebook and Zalo accounts have distorted and biased contents that defame organisations and individuals.

Centrally-run agencies and units like the inspection and personnel departments at the Supreme People’s Procuracy also affirmed that Huong’s denunciations are groundless./.

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The Foreign Ministry on March 31 launched Vietnam's voluntary midterm report on the implementation of Universal Periodic Review (UPR) third cycle recommendations and announced the country's candidacy to the UN Human Rights Council in the 2023-2025 tenure.

The event drew more than 70 delegates who represented many international organisations and foreign diplomatic missions in Vietnam, as well as representatives from Vietnamese ministries and sectors that directly engage in the implementation of the recommendations, non-governmental organisations, and human rights researchers in Vietnam.

Opening the event, Assistant Foreign Minister Do Hung Viet informed that the report was formally approved by the Prime Minister on March 22 and will be submitted to the Human Rights Council.

Although COVID-19 has greatly affected the implementation of the UPR recommendations, including the collection of data, Vietnamese ministries, sectors and relevant parties had worked closely in the work as well as in building the report. The process received effective support and engagement from development partners, especially UN agencies, including the UN Development Programme (UNDP).

According to Viet, Vietnam has been actively engaged with the UPR process through three cycles, where the country's efforts and accomplishments have been recognised, and shortcomings and challenges identified. "The hundreds of recommendations that we have received and accepted have served as important inputs and impetus for our continued efforts to further improve the enjoyment of all human rights by all here in Vietnam," he said.

He went on to say that "We believe the mid-term report does provide a good picture of how seriously the Government of Vietnam takes its commitment to the UPR process and its commitment to implement the recommendations it has accepted. It also gives us a good picture of how the human rights of all Vietnamese have been improved and where the challenges still lie. This will be lay the groundwork as we prepare for the fourth cycle of the UPR process in two year’s time," Viet said.    

For her part, Rana Flowers, acting UN Resident Coordinator in Vietnam highly valued Vietnam’s commitments and efforts in promoting human rights, including the implementation of recommendations following the UPR third cycle and the building of the mid-term report, as well as commitments the country has made as a candidate for the UNHRC in the 2023-2025 tenure.

She stressed that there are still many challenges in protecting and promoting human rights. Vietnam has also faced many difficulties in the field, including those pointed out in the report. She affirmed commitments by the UN system to accompany Vietnam in promoting and protecting human rights and promoting principles of international law, thus implementing sustainable development goals and not leaving anyone behind.

At the event, Viet also briefed participants on Vietnam’s candidacy for the UNHRC in the 2021-2025 tenure. The country’s candidacy was announced for the first time at the 46th session of the UNHRC in 2021. Vietnam has been recommended by the ASEAN as a candidate of the association to the council for the 2023-2025 tenure.

Recently, at the 49th High-level Segment of the 49th Regular Session of the UNHRC, Vietnamese Foreign Minister Bui Thanh Son affirmed that Vietnam pledges to make positive contributions to the work of the council in the spirit of “Mutual Respect. Dialogue and Cooperation. Ensuring All Human Rights, for All.” He also made clear Vietnam’s priorities when joining the council.

Viet said that Vietnam is willing to cooperate with other member countries and relevant parties to maintain principles of the UN Charter and international law, reinforcing the effectiveness and efficiency of the UNHRC through dialogue, cooperation and mutual respect.

Vietnam will work to promote gender equality, especially for women and girls in the era of digital transformation, while continuing to, together with other members of key groups, to propose a resolution on human rights and climate change, and making contributions to the council’s efforts in ensuring the right to access health care services, especially in the post-pandemic recovery period. Vietnam will also promote people’s rights to decent work to complete the Agenda 2030, and education on human rights, he added./.

Cambodian Consul General in HCM City Sok Dareth and his spouse (left) present congratulatory flowers to the gathering in Can Tho on April 1

A gathering was held on April 1 for Khmer ethnic members of the Vietnam - Cambodia Friendship Association in Can Tho and Cambodian students of universities in this Mekong Delta city to mark Chol Chnam Thmay, the traditional New Year festival of Khmer people.

Nguyen Van Can, Chairman of the friendship association, said 2022 is a special year for the two countries as they will celebrate the 55th founding anniversary of their diplomatic ties (June 24, 1967 - 2022).

A wide range of activities will be organised throughout this year to mark the anniversary, including gatherings, culinary - cultural - sports exchanges between Cambodian and Can Tho students, a seminar on the countries’ friendship, and contests exploring bilateral relations.

Those activities will help not only maintain and develop the neighbourliness, traditional friendship, and comprehensive cooperation between Vietnam and Cambodia but also educate people, especially the young, on the importance of nurturing the countries’ ties in the new context, according to Can.

The association will also boost people-to-people exchange and social activities in Cambodia, he went on, adding that it will work to help develop Can Tho’s twin relations with Kompong Chhnang and Battampang provinces of Cambodia and increase its membership, thereby contributing to the Vietnam - Cambodia friendship, solidarity, and all-round cooperation.

Addressing the event, Cambodian Consul General in HCM City Sok Dareth highly valued the Can Tho association’s active contributions to people-to-people diplomacy, noting that during COVID-19 outbreaks, many humanitarian organisations have donated medical supplies to frontlines forces while assisting low-income earners and disadvantaged students in Cambodia.

He affirmed that the Cambodian Consulate General in HCM City will exert more efforts to bring the relationship with Can Tho to a new height in order to help intensify the two countries’ relations.

The diplomat also expressed his hope that the connections between Can Tho and Phnom Penh capital, Battambang, and other localities and agencies of Cambodia will be increasingly reinforced in the time ahead./.