Petition to the Chief Minister of Karnataka, India

To,
Sri Dharam Singh,
Honourable Chief Minister
Vidhana Soudha
Bangalore – 560 001
India
18 October, 2005

Dear Sir,

Subject: Petition to demand for immediate State action to end the practice of Child marriages in Karnataka.

Child marriage is one of the most distressing social maladies of our times. Despite the Child marriage Restraint Act that came into force as early as 1929, when the first voice against this evil practice was raised, it is a matter of shame to all of us that child marriage continues to be practised in our State, Karnataka.

According to the findings of the National Family Health Survey II held in 1998-99, 65% of girls in India are married by the time they are 18 years of age and 33% of them are married by the time they attain the age of 15. In many states of India, more than 50% of girls are married off before they actually attain the age of 16 years. Of the 4.5 million marriages that take place in India every year, 3 million involve girls in the age groups of 15-19 years.

The National Family Health Survey II of 1998-99 shattered the common belief that child marriages only occur in the ‘backward classes, In our very own State of Karnataka, examples of child marriage abound not only among the Gowli community in Dharwad, but also in several rural districts in North Karnataka and in urban areas of Bangalore City.

Child marriages have a social sanction in many parts of the State. They are considered a means to protect girl children from sexual harassment in some situations and as a means to cut down the cost of marriage in others. Many ‘reputed’ and ‘leading’ adult members of the community have in the past directly or indirectly been party to child marriages and find it very difficult to take a strong position against it in public. There is also hesitation on the side of some political leaders to take a public stand against child marriages as it will affect their vote banks.

The law on child marriages is extremely weak. The fines imposed on those who are party to a child marriage are very minimal. Once conducted, it is not clearly stated if the child marriage can be annulled on the basis of the present Child Marriage Act.

Very few adults and children are aware of the immediate and long-term costs of child marriages. Those who are aware do not have sufficient social support to take strong positions against it.

We, like many other civil society organisations in the country, have been combating child marriage for many years in our field areas, surmounting numerous obstacles and enduring repeated assaults aimed at silencing us. We have developed strategies to address the root causes of child marriage, which have offered communities various alternatives to marrying off their children at young ages.

We say "NO" to child marriage

Children in our organisation’s field programme areas have been able to set up stringent social monitoring systems and have been able to take very important first strides in connection with child marriage. The children have initiated their struggle with the help of our organisation, The Concerned for Working Children (CWC) and few other supportive adults. Soon they were able to elicit the support and collaboration of the Panchayat, police, the media and the district administration. They have been able to stop several child marriages in Bellary and Davangere districts despite of strong resistance from some quarters of their communities and have successfully made child marriages a social issue.

In Bellary, this effort was spearheaded by Uchengamma, who was then 14 years old:

"I will not get married until I am 18 Years. Many child marriages have taken place in our community. I always wanted to oppose and check this practice and the opportune time did come" I got the will to oppose this practice when my family members started talking about my marriage. "What helped my success in my struggle, and what helped me to distinguish my self from the rest of the children was my firm resolve to oppose the practice". "I didn’t change my resolve under any pressure. When I approached the police for help the encouragement and the support they extended to me was very helpful.

When the police did question me, the answer I gave to them was this: "I am not speaking in the capacity of state level president of Bhima Sangha. Instead I am speaking on behalf of all those minor girls. If I myself don’t get protection, there is no doubt about injustice being meted out to many minor girls? If I don’t get protection, the members of our Sangha will question you" on hearing this, the police initiated the needful action. Parental and Community’s support is very essential while taking such decision. When this kind support is unavailable, it becomes imperative and inevitable to seek support from others.

It was only after I joined the union that I got information about child marriage. Parents and communities too should get information. More and more children should get organised. If we can get information in organisation/union it helps us grow. The union/organisation helps us realise our rights and fight for them.

Members of Namma Sabha and Bhima Sangha protested against the practice of child marriage and reached out all the corners of the colonies, creating awareness about this practice.

MLA, President of Panchayat, Makkala Mitra, Representatives of CWC and the people of the village took part in the protest. My parents who got to know about the negative impact and consequences of the child marriage they strengthened my resolve. Encouraged by their support I am now continuing with my tailoring classes."

Press Release issued by CWC during our campaign against child marriage in 2002

However, our success in this area of intervention has been limited due to several reasons – the biggest obstacle among them being the apathy of the State to address the issue.

During our endeavours, we have repeatedly found that the State has been guilty of dereliction of its duty. The State Government, elected members, the District Administration and the police have all turned a blind eye to the practice of child marriage even when actively requested to take action. We have also come across cases where people in positions of responsibility and power have actively colluded to conduct child marriages and have gone scot-free, when they were brought to the notice of the District Administration, the District police and the media.

The Forum for Fact Finding Documentation and Advocacy (a registered society) filed a writ petition in the Supreme Court in 2003. In that petition, "all persons and/or authorities of Government of India including the State Government of Chattisgarh, Madhya Pradesh, Bihar, Rajasthan, Jharkhand, Orissa, Andhra Pradesh, Maharashtra, Uttar Pradesh, Kerala and Karnataka within the territory of India" were named as the respondents. The petition states that the Respondents had been impleaded in the Petition on the grounds of inaction on their part to prevent gross violations of children’s rights by failing to ensure the implementation of the Child Marriage Restraint Act, 1929 and in abetting this widespread practice by not taking punitive action against officials responsible at various level including police personnel.

In response to this, the Supreme Court of India, issued an order to Karnataka and the other States named as respondents to immediately to make a submission regarding the status of child marriages in the States and to present the Action Taken Reports.

To date, no such report has been filed by the Government of Karnataka.

The State’s apathy sets our work back by many decades. It violates children's rights and leaves them even less protected than they are from the vagaries of the adult world, which is supposed to act in their best interests. It defies all logic and reason besides rubbishing reams of research on the ill-effects of child marriage, numerous SC judgements against the practice, the Universal Declaration to Human Rights and the expressed opinions of many children against this atrocity.

The State’s continued inaction and negligence regarding the practice of child marriages is:

  • A breach of the Child Marriage Restraint Act 1929.
  • A breach of the Convention on Rights of Child of which India is a signatory.
  • A breach of the Convention on the Elimination of all forms of Discrimination against Women, which has also been ratified by India.
  • A breach of Article 21 that deals with the right to life and Article 23 of the Constitution that protects citizens from bondage and beggary.

We demand that the State implement the following with immediate effect:

  1. The District Commissioner shall be held accountable and penalised for every child marriage that takes place within her/his jurisdiction.
  2. The Superintendent of Police of every district shall be held accountable and penalised for every child marriage that takes place within the district jurisdiction.
  3. All government officials, including the headmasters of High Schools and Higher Primary Schools, anganwadi supervisors, PHC Doctors, etc., who fail to prevent child marriages from taking place on receiving a complaint of the same shall be stringently punished.
  4. The State Government shall register all marriages. Such registration shall take place with the Village Accountant.
  5. The reporting on child marriages shall be made mandatory by the local administration.
  6. The Labour inspectors and the Education Inspectors who are presently empowered to monitor child related violations shall be required to monitor and arrest the practice of child marriage in their jurisdiction.
  7. The Act of 1929 shall be amended to impose harsher punishments on the one hand and on the other to include actions to create social awareness regarding the ill effects of child marriages on the immediate and long term wellbeing of children and their communities.
  8. Compensation shall be provided by the State to children who have been subjected to child marriage.

A large number of children’s organisations, NGOs, media persons and other citizens of this country are in solidarity with this demand and they share our deep anguish and concern about the perpetuation of child marriages in the State.

Sir, we are placing our demands before you for immediate action and we await your response.

We would like to meet you on November 14, the day we mark as ‘Children’s Day’ in this country to receive your response to this petition.

We look forward to a prompt and speedy response that befits the urgency with which the issue of child marriages should to be addressed.

Thanking you,

Damodar Acharya
Executive Director
The Concerned for Working Children

 

Enclosures:

Annexure 1: Legal instruments that bind the State to take action against child marriage

Annexure 2: Messages of solidarity to fight against child marriages from around the world

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