Essay On Childrens Day In India Wikipedia Magyarul

Child marriage in India, according to the Indian law, is a marriage where either the woman is below age 18 or the man is below age 21. Most child marriages involve underage women, many of whom are in poor socio-economic conditions.

Child marriages were prevalent in India. Estimates vary widely between sources as to the extent and scale of child marriages. The International Center for Research on Women-UNICEF publications have estimated India's child marriage rate to be 47% from small sample surveys of 1998,[1] while the United Nations reports it to be 30% in 2005.[2] The Census of India has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below age 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.[3] Since 2001, child marriage rates in India have fallen another 46%, reaching an overall nationwide average 7% child marriage rates by 2009.[4]Jharkhand is the state with highest child marriage rates in India (14.1%), while Kerala is the only state where child marriage rates have increased in recent years.[4][5] Rural rates of child marriages were three times higher than urban India rates in 2009.[4]

Child marriage was outlawed in 1929, under Indian law. However, in the British colonial times, the legal minimum age of marriage was set at 15 for girls and 18 for boys. Under protests from Muslim organizations in the undivided British India, a personal law Shariat Act was passed in 1937 that allowed child marriages with consent from girl's guardian.[6] After independence and adoption of Indian constitution in 1950, the child marriage act has undergone several revisions. The minimum legal age for marriage, since 1978, has been 18 for women and 21 for men.[7] The child marriage prevention laws have been challenged in Indian courts,[6] with some Muslim Indian organizations seeking no minimum age and that the age matter be left to their personal law.[8][9] Child marriage is an active political subject as well as a subject of continuing cases under review in the highest courts of India.[8]

Several states of India have introduced incentives to delay marriages. For example, the state of Haryana introduced the so-called Apni Beti, Apna Dhan program in 1994, which translates to "My daughter, My wealth". It is a conditional cash transfer program dedicated to delaying young marriages by providing a government paid bond in her name, payable to her parents, in the amount of ₹25,000 (US$380), after her 18th birthday if she is not married.[10]

In 2006, Indian lawmakers passed Prohibition of Child Marriage Prevention Act, which not only criminalized child marriage but also imposed a jail sentence of two years or a fine.

Definitions of child marriage[edit]

India[edit]

Child marriage is complex subject under Indian law. It was defined by The Child Marriage Restraint Act in 1929,[11] and it set the minimum age of marriage for men as 18, and women as 15. That law was questioned by Muslims, then superseded by personal law applicable only to Muslims in British India with Muslim Personal Law (Shariat) Application Act of 1937,[6] which implied no minimum limit and allowed parental or guardian consent in case of Muslim marriages. Section 2 of the 1937 Act stated,

...any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariats)

— Muslim Personal Law (Shariat) Application Act of 1937[6]

The 1929 law for non-Muslims was revised a several times after India gained its independence from the colonial rule, particularly in 1978 when the marriage age was raised by 3 years each for men and women.[7] The applicability and permissibility of child marriage among Muslims under the 1937 Act, under India's Constitution adopted in 1950, remains a controversial subject, with a series of Supreme Court cases and rulings.[6]

The definition of child marriage was last updated by India with its The Prohibition of Child Marriage Act of 2006, which applies only (a) to Hindus, Christians, Jains, Buddhists and those who are non-Muslims of India, and (b) outside the state of Jammu and Kashmir. For Muslims of India, child marriage definition and regulations based on Sharia and Nikah has been claimed as a personal law subject.[6][8] For all others, The Prohibition of Child Marriage Act of 2006 defines "child marriage" means a marriage, or a marriage about to be solemnized, to which either of the contracting parties is a child; and child for purposes of marriage is defined based on gender of the person - if a male, it is 21 years of age, and if a female, 18 years of age.[12]

World[edit]

UNICEF defines child marriage as a formal marriage or informal union before 18 years of age.[13]UN Women has proposed that child marriage be defined as a forced marriage because they believe children under age 18 are incapable of giving a legally valid consent.[14]

History, origin & causes[edit]

Ancient India[edit]

The Dharmaśāstra (Dharmasutras) stated that girls should be married after they have attained puberty. However unlike the Dharmasutras, the later texts advocated pre-puberty marriages.[15] The great decline in the status of women in India had set in after 1000 B.C. Yajnavalkya around 200 A.D. insisted marrying girls before puberty otherwise the guardians were responsible for destruction of an embryo every month. During the time of Law of Manu a woman's status was reduced with decline in women's education, practice of pre-puberty marriage and other institutional and conceptual concepts established supremacy of the male over the female.[16]

Ancient India is considered a feudal society based on a self-sufficient economy by Helen Ralston who states that there was no limitation on the age of marriage. Various practices like child marriage kept women in a subordinate position.[17]

In Manusmriti, a father is considered to have wronged his daughter if he fails to marry her before puberty. He has no further right to her. The daughter may take steps to seek a husband if she is not married within three years of reaching maturity. Medhātithi's Bhashya states the most suitable age for marriage of a girl is eight-years-old, this can also be deduced from Manusmriti. According to the Tolkāppiyam, a boy must be married before he is sixteen-years-old and a girl before she is twelve. The Greek historian Megasthenes though talks about early puberty of girls in South India. In addition, according to Edgar Thurston, in South India a candlelight ceremonywas carried out for girls (vilakiddu kaliyanam) from seven to nine years, possibly later, but always before marriage. Allan Dahlaquist states this is evidently a puberty ceremony before marriage which may explain Megasthenes' comments.[18]

Medieval India[edit]

There was no age limit for marriage in Islam. Child marriage was not enjoined in the Quran or the tradition but was in vogue with Muhammad himself marrying Aisha when she was six or seven years old.[19] As Hindu and Muslim cultures lived in the same regions, their values and norms were assimilated. The status and respectabilty of women changed with the moral values of the society. The dignity of women became the worst under the later Mughals.[20]

In the unfavourable atmosphere of the medieval society, a girl didn't stay under parental care for long. Child marriage had become a norm among both Hindus and Muslims. It was believed that by not marrying girls before puberty, the family would face social disgrace. Thus the age at marriage rarely exceeded the age of 9 or 10 in case of girls and 16 or 17 in case of boys under the Sultanates and early Mughal period. The Bahamanis are also known to practice child marriage. Age at marriage further decreased with laxity in social norms.[21]

According to a New York Times report, sociologists state that the Gujjars and similar groups origin of child marriages in India to the Muslim invasions that began more than 1,000 years ago. According to legends, invaders raped unmarried Hindu girls or carried them off as booty, prompting Hindu communities to marry off their daughters almost from birth to protect them.[22] Others suggest child marriages were common everywhere in the world before the 19th century.[23]

The Mughal EmperorAkbar who disliked child marriages as well as the early marriage of Aisha to Muhammad according to Badaoni. He had recommended the marriage age as 14 and 16 years for boys and girls respectively while necessitating the consent of the bride and the bridegroom as well as of parents. However, his regulations didn't create much impact and only increased corruption. The regulation regarding consent proved ineffective as the brides and grooms were too young to have any decisive power. The brides could do little except give their consent, as envisaged by the Quran, because of the dictates of their wali.[24]

British India[edit]

Child marriage was a thorny topic for long under the British Raj. British missionaries and officials disapproved of pre-puberty marriage. Many Indians however described it as the first marriage to be followed by consummation upon attaining puberty.[25]Kandukuri Veeresalingam wrote against the Brahmin practice of bride-price, child marriage of girls and barring of marriages by sect or kinship.[26]

The initiative for the Age of Consent bill was made by the Hindus with it being seen primarily as a problem among the Hindus. However, child marriage had existed among Muslims as well. With the involvement of Muslims in 1920s, the Hindu Child Marriage Restraint Act was transformed into Child Marriage Restraint Act that applied to a religions. It was however opposed by the orthodox sections.[27]

H.M. Abdullah had sought the government's permission in 1935 to introduce what would later become known as the Shariat Application Act.[28] Abdullah stated that the Muslim law was far more progressive than the unjust colonial system. The bill however also appealed to the Muslims who opposed the Child Marriage Restraint Act, with its early drafts proposing other laws governing Muslims.[29]

Modern causes[edit]

Parents of a child entering into a child marriage are often poor and use the marriage as a way to make her future better, especially in areas with little economic opportunities.[30]

Dowry is a practice in India where the bride's family transfers wealth to the groom; in many cases, it is a demand and condition of marriage from the groom's family. Dowry is found among all religious faiths in India, and the amount of dowry demanded and given by the bride's family has been correlated to the age of girl. Nagi,[31] in 1993, suggested that the practice of dowry creates a fear and pressure to avoid late marriages, and encourages early marriage.

Poverty in India has been cited as a cause of early marriages. Child marriages of girls is a way out of desperate economic conditions, and way to reduce the expenses of a poor family.[32][33]

In some parts of India, the existence of personal laws for Muslims are a cause of child marriages. For example, in Kerala, 3400 girls of 13-18 age were married in 2012 in the district of Malappuram. Of these, 2800 were Muslim (82%). Efforts to stop this practice with law enforcement have been protested and challenged in courts by Indian Union Muslim League and other Islamic organizations, with the petition that setting a minimum age for marriage of Muslim girls challenges their religious rights.[8]

Statistics[edit]

Child marriage rate estimates vary significantly between sources, with some based on small local survey samples. The table below provides some of child marriage estimates for India along with the nature of data collection.

Source% Females married
(< 18)
Data YearSampling methodReference
ICRW471998small sample survey[1]
UN302005small sample survey[2]
NFHS-344.51998-2002small sample survey[34][35]
Census of India43.41981Nationwide census[36]
Census of India35.31991Nationwide census[36]
Census of India14.42001Nationwide census[3]
Census of India3.72011Nationwide census[37]

The small sample surveys have different methods of estimating overall child marriages in India, some using multi-year basis data. For example, NFHS-3 data for 2005 mentioned in above table, used a survey of women aged 20–24, where they were asked if they were married before they were 18.[34] The NFHS-3 also surveyed older women, up to the age of 49, asking the same question. The survey found that many more 40-49 were married before they turned 18, than 20-24 age women who were interviewed. In 1970s, the minimum legal age of marriage, in India, for women was 15.[7]

The states with highest observed marriage rates for under-18 girls in 2009, according to a Registrar General of India report, were Jharkhand (14.1%), West Bengal (13.6%), Bihar (9.3%), Uttar Pradesh (8.9%) and Assam (8.8%).[4] According to this report, despite sharp reductions in child marriage rates since 1991, still 7% of women passing the age of 18 in India were married as of 2009. UNICEF India has played a significant role in highlighting the Indian child marriage rate prevalence data from its 1990s study.

According to 2011 nationwide census of India, the average age of marriage for women in India is 21.2.[38][39] In the age group 15-19, 69.6% of all women surveyed in India had never been married.[40]

Laws against child marriage[edit]

Under Akbar[edit]

The Mughal emperorAkbar had expressed a dislike for child marriages as according to Ain-i-Akbari. Badaoni too states his abhorrence for child marriages and well as early marriage of Aisha to Muhammad. He promulgated laws that recommended 14 years and 16 yeats as the marrigeable age for girls and boys, respectively. He also made consent of the bride and bridegroom necessary along with the permission of parents. In addition, he appointed officials to investigate the circumstances of the bride and the bridegroom. However, Badaoni states that his restrictions failed to create much of an impact.[24]

Portuguese Goa[edit]

In 1744, Pope Benedict XIV issued a bull endorsing decisions of Charles-Thomas Maillard De Tournon against the Malabar rites. The bull mandated children married while under age to live with their parents until they came of age among other laws.[41]

The Child Marriage Restraint Act of 1929[edit]

The Child Marriage Restraint Act, also called the Sarda Act,[42] was a law to restrict the practice of child marriage. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions of some princely states like Hyderabad and Jammu and Kashmir, and applied to every Indian citizen. Its goal was to eliminate the dangers placed on young girls who could not handle the stress of married life and avoid early deaths. This Act defined a male child as 21 years (originally 18) or younger, a female child as 18 years (originally 14) or younger, and a minor as a child of either sex 18 years or younger (originally 14). The punishment for a male between 18 and 21 years marrying a child became imprisonment of up to 15 days, a fine of 1,000 rupees, or both. The punishment for a male above 21 years of age became imprisonment of up to three months and a possible fine. The punishment for anyone who performed or directed a child marriage ceremony became imprisonment of up to three months and a possible fine, unless he could prove the marriage he performed was not a child marriage. The punishment for a parent or guardian of a child taking place in the marriage became imprisonment of up to three months or a possible fine.[43] It was amended in 1940 and 1978 to continue raising the ages of male and female children.[42]

The Prohibition of Child Marriage Act, 2006[edit]

In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings of the Child Marriage Restraint Act.[44] The change in name was meant to reflect the prevention and prohibition of child marriage, rather than restraining it.[42][44] The previous Act also made it difficult and time consuming to act against child marriages and did not focus on authorities as possible figures for preventing the marriages.[44] This Act kept the ages of adult males and females the same but made some significant changes to further protect the children. Boys and girls forced into child marriages as minors have the option of voiding their marriage up to two years after reaching adulthood, and in certain circumstances, marriages of minors can be null and void before they reach adulthood. All valuables, money, and gifts must be returned if the marriage is nullified, and the girl must be provided with a place of residency until she marries or becomes an adult. Children born from child marriages are considered legitimate, and the courts are expected to give parental custody with the children's best interests in mind. Any male over 18 years of age who enters into a marriage with a minor or anyone who directs or conducts a child marriage ceremony can be punished with up to two years of imprisonment or a fine.[45]

Applicability[edit]

Muslim organizations of India have long argued[9][46] that Indian laws, passed by its parliament, such as the 2006 child marriage law do not apply to Muslims, because marriage is a personal law subject.[6][8] The Delhi High Court, as well as other state high courts of India, have disagreed. The Delhi Court, for example, ruled that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs each and every citizen of India[47] The ruling stated that an under-age marriage, where either the man or woman is over 16 years old, would not be a void marriage but voidable one, which would become valid if no steps are taken by such court as has option[s] to order otherwise. In case either of the parties is less than 18 years old, the marriage is void, given the age of consent is 18 in India, sex with minors under the age of 18 is a statutory crime under Section 376 of Indian Penal Code.[47]

Various other High courts in India - including the Gujarat High Court,[48] the Karnataka High Court[49] and the Madras High Court[50] - have ruled that the act prevails over any personal law (including Muslim personal law).

Legal Action on Legal Confusion[edit]

There is a standing legal confusion as to Marital Rape within prohibited Child Marriages in India. Marital rape per se is not a crime in India; but the position with regard to children is confusing. While the exception under the criminal law (section 375, Indian Penal Code, 1860) applicable to adults puts an exception and allows marital rape of a girl child between the age of 15–18 years by her husband; another new and progressive legislation Protection of Children from Sexual Offences Act, 2012 disallows any such sexual relationships and puts such crimes with marriages as an aggravated offense.

CEDAW[edit]

The Convention on the Elimination of All Forms of Discrimination Against Women, commonly known as CEDAW, is an international bill attempting to end discrimination against women. Article 16, Marriage and Family Life, states that all women, as well as men, have the right to choose their spouse, to have the same responsibilities, and to decide on how many children and the spacing between them. This convention states that child marriage should not have a legal effect, all action must be taken to enforce a minimum age, and that all marriages must be put into an official registry.[51] India signed the convention on 30 July 1980 but made the declaration that, because of the nation's size and population, it's impractical to have a registration of marriages.[52]

Consequences of child marriage[edit]

Early maternal deaths[edit]

Girls who marry earlier in life are less likely to be informed about reproductive issues,[53] and because of this, pregnancy-related deaths are known to be the leading cause of mortality among married girls between 15 and 19 years of age.[54] These girls are twice more likely to die in childbirth than girls between 20 and 24 years of age.[55] Girls younger than 15 years of age are 5 times more likely to die in childbirth.[56][57]

Infant health[edit]

Infants born to mothers under the age of 18 are 60% more likely to die in their first year than to mothers over the age of 19. If the children survive, they are more likely to suffer from low birth weight, malnutrition, and late physical and cognitive development.[13][57]

Fertility outcomes[edit]

A study conducted in India by the International Institute for Population Sciences and Macro International in 2005 and 2006 showed high fertility, low fertility control, and poor fertility outcomes data within child marriages. 90.8% of young married women reported no use of a contraceptive prior to having their first child. 23.9% reported having a child within the first year of marriage. 17.3% reported having three or more children over the course of the marriage. 23% reported a rapid repeat childbirth, and 15.2% reported an unwanted pregnancy. 15.3% reported a pregnancy termination (stillbirths, miscarriages or abortions).[58] Fertility rates are higher in slums than in urban areas.[59]

Violence[edit]

Young girls in a child marriage are more likely to experience domestic violence in their marriages as opposed to older women. A study conducted in India by the International Centre for Research on Women showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or threatened by their husbands[56] and three times more likely to experience sexual violence.[60] Young brides often show symptoms of sexual abuse and post-traumatic stress.[56]

Prevention programmes in India[edit]

Apni Beti, Apna Dhan (ABAD), which translates to "My daughter, My wealth," is one of India's first conditional cash transfer programmes dedicated to delaying young marriages across the nation. In 1994, the Indian government implemented this programme in the state of Haryana. On the birth of a mother's first, second, or third child, they are set to receive ₹ 500, or US$11 within the first 15 days to cover their post-delivery needs. Along with this, the government gives ₹ 2,500, or US$55, to invest in a long-term savings bond in the daughter's name, which can be later cashed for ₹ 25,000, or US$550, after her 18 birthday. She can only receive the money if she is not married. Anju Malhotra, an expert on child marriage and adolescent girls said of this programme, "No other conditional cash transfer has this focus of delaying marriage... It's an incentive to encourage parents to value their daughters."[10]

The International Centre for Research on Women will evaluate Apni Beti, Apna Dhan over the course of the year 2012, when the program's initial participants turn 18, to see if the programme, particularly the cash incentive, has motivated parents to delay their daughters' marriages. "We have evidence that conditional cash transfer programmes are very effective in keeping girls in school and getting them immunised, but we don’t yet have proof that this strategy works for preventing marriage," said Pranita Achyut, the program manager for Apni Beti, Apna Dhan. "If Haryana state’s approach proves to be valuable, it could potentially be scaled up to make a significant difference in many more girls' lives – and not only in India".[10]

See also[edit]

References[edit]

  1. ^ ab"Child Marriage Facts and Figures". 
  2. ^ ab"United Nations Statistics Division - Demographic and Social Statistics". 
  3. ^ abTable C-2 Marital Status by Age and Sex Subtable C0402, India Total Females Married by Age Group, 2001 Census of India, Government of India (2009)
  4. ^ abcdK. Sinha Nearly 50% fall in brides married below 18 The Times of India (February 10, 2012)
  5. ^R Gopakumar, Child marriages high in Kerala Deccan Herald (June 19, 2013)
  6. ^ abcdefgHilary Amster, Child marriage in India University of San Francisco (2009)
  7. ^ abcChild Marriage in India: Achievements, Gaps and ChallengesOHCHR, United Nations
  8. ^ abcdeM.G. Radhakrishnan and J. Binduraj, In a league of their own India Today (July 5, 2013)
  9. ^ abMuzaffar Ali Sajjad And Ors. vs State Of Andhra Pradesh on 9 November, 2001 Andhra Pradesh High Court, India
  10. ^ abc"Child Marriage Facts and Figures". International Center for Research on Women. 
  11. ^The Child Marriage Restraint Act, 1929 British India
  12. ^The Prohibition of Child Marriage Act of 2006 The Gazette of India, Ministry of Law and Justice, Government of India (January 11, 2007)
  13. ^ ab"Child marriage". UNICEF. 22 October 2014. 
  14. ^"Definition of forced and child marriage". UN Women. 2012. 
  15. ^Singh, Upinder (2008). A History of Ancient and Early Medieval India: From the Stone Age to the 12th Century. Pearson Education India. p. 420. 
  16. ^Sophie Tharakan and Michael Tharakan (1975), Status of women in India: a historical perspective, Social Scientist, Vol. 4, No. 4/5, pages 118-119
  17. ^H Ralston (1991), Religious Movements and the Status of Women in India, Social Compass, vol. 38, no. 1, pages 45
  18. ^Allan Dahlaquist. Megasthenes and Indian Religion: A Study in Motives and Types. Motilal Banarsidass. pp. 113, 114. 
  19. ^Sudha Sharma (2016). The Status of Muslim Women in Medieval India. SAGE Publications India. p. 8. 
  20. ^Sudha Sharma (2016). The Status of Muslim Women in Medieval India. SAGE Publications India. p. 44. 
  21. ^Sudha Sharma (2016). The Status of Muslim Women in Medieval India. SAGE Publications India. p. 48. 
  22. ^Though Illegal, Child Marriage Is Popular in Part of India, The New York Times (May 11, 1998)
  23. ^Abgeliki Laiou (1993), Coercion to sex and marriage in ancient and medieval societies, Washington, DC, pages 85-190
  24. ^ abSudha Sharma (21 March, 2016). The Status of Muslim Women in Medieval India. SAGE Publications India. p. 50. 
  25. ^Geraldine Forbes; Geraldine Hancock Forbes (1999). Women in Modern India. Cambridge University Press. p. 8. 
  26. ^Kenneth W. Jones (1992). Religious Controversy in British India: Dialogues in South Asian Languages. SUNY Press. p. 161. 
  27. ^Kenneth W. Jones (1998). Muslim Women of the British Punjab: From Seclusion to Politics. Springer Publishing. pp. 24–25. 
  28. ^Eleanor Newbigin (2014). "Personal Law and Citizenship in India's Transition to Independence". In Taylor C. Sherman; William Gould; Sarah Ansari. From Subjects to Citizens. Cambridge University Press. p. 28. 
  29. ^Eleanor Newbigin (2014). "Personal Law and Citizenship in India's Transition to Independence". In Taylor C. Sherman; William Gould; Sarah Ansari. From Subjects to Citizens. Cambridge University Press. pp. 29–30. 
  30. ^Sanyukta, M.; M. Greene and A. Malhotra (2003), Too Young to Wed: The Lives, Rights, and Health of Young Married Girls, ICRW, Washington D.C.
  31. ^B Nagi, Child Marriage in India: A Study of Its Differential Patterns in Rajasthan, ISBN 978-8170994602
  32. ^Child Marriage and Poverty ICRW
  33. ^Targeting Girls in the Name of Tradition: Child Marriage Melanne Verveer, Ambassador-at-Large for Global Women's Issues, US Department of State, (July 15, 2010)
  34. ^ abA Handbook of Statistical Indicators of Indian Women Ministry of Women and Child Welfare, Govt of India (2007)
  35. ^Raj, A.; Saggurti, N.; Balaiah, D.; Silverman, J. G. (2009). "Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional, observational study". The Lancet. 373 (9678): 1883–1889. doi:10.1016/s0140-6736(09)60246-4. PMC 2759702. PMID 19278721. 
  36. ^ abJasodhara Bagchi et al., The Changing Status of Women in West Bengal, 1970-2000: The Challenge Ahead, SAGE Publications, ISBN 978-0761932420, Table 1.10, page 29, rows for India totals
  37. ^Percentage of Female by age at effective marriage and by residence India and bigger States, 2011 Chapter 2, Population Composition, Table Statement 12, India totals for < 18, 2011 Census of India, Government of India (2013), page 26
  38. ^Mean age at effective marriage of Female by residence India and bigger States, 2011 Chapter 2, Population Composition, Table Statement 13, India totals for All ages, 2011 Census of India, Government of India (2013), page 27
  39. ^Women and men in India 2012Archived 12 October 2013 at the Wayback Machine. CSO/Census India 2011, Government of India, See page xxi, Highlights item 5
  40. ^National Family Health Survey - India, International Institute for Population Sciences and Government of India (2009), see Table 6.1
  41. ^Henriette Bugge, Nordic Institute of Asian Studies (1994). Mission and Tamil Society: Social and Religious Change in South India (1840-1900). Psychology Press. p. 49. 
  42. ^ abcGoswami, Ruchira (2010). "Child Marriage in India: Mapping the Trajectory of Legal Reforms". 
  43. ^"The Child Marriage Restraint Act". Government of India Ministry of Women and Child Development. 
  44. ^ abc"Unicef India - UNICEF"(PDF). 
  45. ^"Child Marriage in India: Mapping the Trajectory of Legal Reforms at Sanhati". 
  46. ^Mrs. Tahra Begum vs State Of Delhi & Ors. on 9 May, 2012 Archive of Legal Proceedings, Delhi High Court, India
  47. ^ ab2012 [Volume No. 3] JCC [Journal of Criminal Cases] Page No. 2148
  48. ^"Prohibition of Child Marriage Act to prevail over personal laws: HC". The Indian Express. 25 September 2015. 
  49. ^"Child Marriage Act overrides Muslim Personal Law: Karnataka high court". The Times of India. 
  50. ^"Madras HC says anti-child marriage act prevails over Muslim Personal Law". dna. 1 April 2015. 
  51. ^"CEDAW 29th Session 30 June to 25 July 2003". 
  52. ^"UNTC". 
  53. ^Chandrasekhar, S., 2010, "Factors Affecting Age and Marriage and Age at First Birth in India," Journal of Quantitative Economics, pg. 83
  54. ^"Statistics by Area- Child Marriage". childinfo.org. 2009. 
  55. ^"Early marriage: A childhood interrupted". UNICEF. 
  56. ^ abc"Child Marriage Facts and Figures". International Center for Research on Women. 
  57. ^ abHervish, Alexandra, Charlotte Feldman-Jacobs, 2011, "Who Speaks for Me? Ending Child Marriage," Population Reference Bureau, pg. 2
  58. ^Raj, A; Saggurti, N; Balaiah, D; Silverman, JG (2009). "Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional, observational study". Lancet. 373: 1883–9. doi:10.1016/S0140-6736(09)60246-4. PMC 2759702. PMID 19278721. 
  59. ^Chandrasekhar, S (2010). "Factors Affecting Age and Marriage and Age at First Birth in India". Journal of Quantitative Economics: 86. 
  60. ^United States Agency for International Development, 2007, "New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs," pg. 9
Child Marriage India by SDRC

Children's Day is a day recognised to celebrate children. The day is celebrated on various calendar dates in different countries.

History[edit]

Children's Day was begun on the second Sunday of June in 1856 by Reverend Dr. Charles Leonard, pastor of the Universalist Church of the Redeemer in Chelsea, Massachusetts: Dr. Leonard held a special service dedicated to, and for the children. Dr. Leonard named the day Rose Day, though it was later named Flower Sunday, and then Children's Day.[1][2][3]

Children's Day was first officially declared a national holiday by the Republic of Turkey in 1929 with the set date of 23 April. Children's Day has been celebrated nationally since 1923 with the government and the newspapers of the time declaring it a day for the children. However, it was decided that an official declaration was needed to clarify and justify this celebration and the official declaration was made nationally in 1931 by the founder and the President of the Republic of Turkey, Mustafa Kemal Atatürk.[4][5][6]

The International Day for Protection of Children is observed in many countries as Children's Day on 1 June since 1950. It was established by the Women's International Democratic Federation on its congress in Moscow (4 November 1949).[citation needed] Major global variants include a Universal Children's Holiday on 20 November, by United Nations recommendation.[7]

Universal Children's Day takes place annually on 20 November.[8] First proclaimed by the United Kingdom in 1954, it was established to encourage all countries to institute a day, firstly to promote mutual exchange and understanding among children and secondly to initiate action to benefit and promote the welfare of the world's children.

That is observed to promote the objectives outlined in the Charter and for the welfare of children. On 20 November 1959 the United Nations adopted the Declaration of the Rights of the Child.[9] The United Nations adopted the Convention on the Rights of the Child on 20 November 1989 and can be found on the Council of Europe website.[10]

In 2000, the Millennium Development Goals outlined by world leaders in order to stop the spread of HIV/AIDS by 2015. Albeit this applies to all people, the main objective is with regard to children.[9] UNICEF is dedicated to meeting the six of eight goals that apply to the needs of children so that they are all entitled to basic rights written in the 1989 international human rights treaty.[11] UNICEF delivers vaccines, works with policymakers for good health care and education and works exclusively to help children and protect their rights.[11]

In September 2012, the Secretary-General Ban Ki-moon of the United Nations led the initiative for the education of children.[12] He firstly wants every child to be able to attend school, a goal by 2015.[12] Secondly, to improve the skill set acquired in these schools.[12] Finally, implementing policies regarding education to promote peace, respect and environmental concern.[12] Universal Children's Day is not just a day to celebrate children for who they are, but to bring awareness to children around the globe that have experienced violence in forms of abuse, exploitation and discrimination. Children are used as labourers in some countries, immersed in armed conflict, living on the streets, suffering by differences be it religion, minority issues, or disabilities.[13] Children feeling the effects of war can be displaced because of the armed conflict and may suffer physical and psychological trauma.[14] The following violations are described in the term "children and armed conflict": recruitment and child soldiers, killing/maiming of children, abduction of children, attacks on schools/hospitals and not allowing humanitarian access to children.[14] Currently there are about 153 million children between the ages of 5 and 14 who are forced into child labour.[15] The International Labour Organization in 1999 adopted the Prohibition and Elimination of the Worst Forms of Child Labour including slavery, child prostitution and child pornography.[15]

A summary of the rights under the Convention on the Rights of the Child can be found on the UNICEF website.[16]

Canada co-chaired the World Summit for children in 1990 and in 2002 the United Nations reaffirmed the commitment to complete the agenda of the 1990 World Summit. This added to the UN Secretary-General's report We the Children: End-of Decade review of the follow-up to the World Summit for Children.[17]

The United Nations children's agency released a study[18] referencing the population increase of children will make up 90 per cent of the next billion people.[19]

Dates around the world[edit]

The officially recognized date of Children's Day varies from country to country. This section lists some significant examples, in order of date of observance.

Gregorian calendar
OccurrenceDatesCountries and regions

First Friday of January

Jan 6, 2017

Jan 5, 2018
Jan 4, 2019

 Bahamas

11 January

 Tunisia

Second Saturday of January

Jan 14, 2017
Jan 13, 2018
Jan 12, 2019

 Thailand

Second Sunday of February

Feb 12, 2017
Feb 11, 2018
Feb 10, 2019

 Cook Islands
 Nauru
 Niue
 Tokelau
 Cayman Islands

13 February

 Myanmar

First Sunday of March

March 5, 2017
March 4, 2018
March 3, 2019

 New Zealand

17 March

 Bangladesh

4 April

 Taiwan
 Hong Kong

5 April

 Palestine

12 April

 Bolivia
 Haiti

Last Saturday of April[20]

Apr 29, 2017
Apr 28, 2018
Apr 27, 2019

 Colombia

23 April

National Sovereignty and Children's Day

 Turkey

30 April

 Mexico

5 May

15 August

 Japan
 South Korea

Second Sunday of May

May 14, 2017
May 13, 2018
May 12, 2019

 Spain
 United Kingdom

10 May

 Maldives

17 May

 Norway

27 May

 Nigeria

Last Sunday of May

May 28, 2017
May 27, 2018
May 26, 2019

 Hungary

Ascension Day

May 25, 2017
May 10, 2018
May 30, 2019

 American Samoa
 Falkland Islands
 Solomon Islands

1 June

 Albania
 Algeria
 Angola
 Armenia
 Azerbaijan
 Belarus
 Benin
 Bulgaria
 Bosnia and Herzegovina

 People's Republic of China
 Cambodia
 Czech Republic
 East Timor
 Ecuador
 Estonia
 Ethiopia
 Georgia

 Guinea-Bissau
 Kazakhstan
 Kosovo
 Kyrgyzstan
 Laos
 Latvia
 Lebanon
 Lithuania
 Macedonia
 Macau

 Moldova
 Mongolia
 Montenegro
 Mozambique
 Myanmar
 Nicaragua
 Poland

 Portugal
 Romania
 Russia
 São Tomé and Príncipe
 Serbia
 Slovakia
 Slovenia

 Tajikistan
 Tanzania
 Turkmenistan
 Ukraine
 Uzbekistan
 Vietnam
 Yemen

2 June

 North Korea

Second Sunday of June

Jun 11, 2017
Jun 10, 2018
Jun 9, 2019

 United States

25 June25 Jun 2012

20 Oct 2013

19 Oct 2014

19 Oct 15~17

Syrian Arab Republic

1 July

 Islamic Republic of Pakistan

Third Sunday of July

Jul 16, 2017
Jul 15, 2018
Jul 21, 2019

 Cuba
 Panama
 Venezuela

23 July[21]

 Indonesia

29 July

 Colombia

First Sunday of August

Aug 6, 2017
Aug 5, 2018
Aug 4, 2019

 Uruguay[citation needed]

16 August

 Paraguay

Third Sunday of August

Aug 20, 2017
Aug 19, 2018
Aug 18, 2019

 Argentina
 Peru

9 September

 Costa Rica

10 September

 Honduras

Bhadra 29

14 Sept
15 Sept(leap year)

   Nepal

20 September

 Austria

 Germany

25 September Netherlands (Oosterhout)

1 October

 El Salvador
 Guatemala
 Sri Lanka

First Friday of October

Oct 6, 2017
Oct 5, 2018
Oct 4, 2019

 Singapore

First Wednesday of October (Children’s Day recognition and assignation)
Second Sunday of August (Children’s Day observance)

Oct 4, 2017
Oct 3, 2018
Oct 2, 2019

 Chile

8 October

 Iran

12 October

 Brazil

Fourth Saturday of October

Oct 28, 2017
Oct 27, 2018
Oct 26, 2019

 Malaysia

Fourth Wednesday of OctoberOct 26, 2016

Oct 25, 2017

 Australia (See: http://www.childrensweek.org.au/)

First Saturday of November

Nov 4, 2017
Nov 3, 2018
Nov 2, 2019

 South Africa

11 November

 Croatia

14 November

 India

20 November

Arab World
 Azerbaijan
 Canada
 Croatia
 Cyprus
 Egypt
 Ethiopia
 Finland
 France
 Greece
 Ireland
 Israel

 Kenya
 Malaysia

Children's Day in Donetsk, Ukraine, 2011

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