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

Paperback | November 29, 2011

byJaya Sagade

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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, areallowed to take place. 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 statutes which deal with the age of marriage, of consent, and the validity of marriage. It examines domestic law in thecontext of international human rights law, and shows how the 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 civilsociety in challenging the status quo is also highlighted. The new epilogue highlights the latest developments in India in context of child marriage. It also discusses the Prohibition of Child Marriage Act, 2006.

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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, areallowed to take place. It goes on to establish th...

Jaya Sagade is Vice Principal, ILS Law College, Pune. She did her LLM and PhD from Pune University and SJD from University of Toronto, Canada. Dr Sagade has been teaching since 1979 and joined ILS as a faculty in 1981. She has been a UGC Fellow and has also received the ICSSR fellowship, Fulbright Scholarship, and Fellowship of the Ne...
Format:PaperbackDimensions:328 pages, 8.46 × 5.51 × 0.07 inPublished:November 29, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198079796

ISBN - 13:9780198079798

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Table of Contents

Rebecca J. Cook: ForewordPrefaceAcknowledgementsList of AcronymsList of TablesIntroduction1. Dimensions of the Problem of Child Marriage in India: Causes and Consequences2. Legal Discourse on Age of Marriage3. Personal Laws, Legal Reforms, and the Judiciary4. Personal Laws, Legal Reforms, and the Judiciary5. Human Rights Violated by the Custom of Child Marriage6. The Girl Child's Right to Development : Adverse Consequences of Child Marriage7. Strategies and Future ActionConclusionsEpilogueSelect BibliographyList of CasesIndex