Trafficking, forced labour and rape continue to rob girls of their childhood

As the country gears up to mark National Girl Child Day, it becomes imperative to reflect on how protected they are. The recent National Crime Record Bureau (NCRB) report paints a grim picture, particularly in eastern states.

West Bengal recorded 9523 cases in 2021, averaging around 26 incidents per day, with 98.6 percent of victims being girls. In Odisha, 7899 cases were reported, averaging 21 incidents daily - all victims were girls, as per analysis by Child Rights and You (CRY).

Recently, the night staffers at Marine Drive rescued a distressed girl from the nearby promenade. According to a Midday report: This 12-year-old deaf-and-mute girl was abducted from the national capital and brought to Mumbai by a begging gang led by a 32-year-old transgender.

The minor, who was forced to seek alms near Churchgate station, had also been raped. While the police have arrested three, this one-off incident has cast doubts on the efforts being made to curb gender inequalities and reduce crime against women in India.

Challenges faced by girls in India
In 2011, the United Nations passed a resolution to mark October 11 as the "International Day of the Girl Child". Three years before this - 2008 was the year when the Ministry of Women and Child Development had already marked 24 January as "National Girl Child Day" for India.

Assistant Professors of Law at BITS Law School, Mumbai Dr Rahela Khorakiwala and Aafreen Collaco remark that India has been at the forefront of the movement in protecting the rights of the girl child, from banning sex-determination tests to promulgating legislation preventing child marriage, along with policy programmes like the "Beti Bachao Beti Padhao" scheme.

However, states like Odisha, West Bengal, Maharashtra, Madhya Pradesh and Uttar Pradesh underscore the prevalence of crime against several girl children. They hold the dubious distinction of accounting for nearly half (47.1 per cent) of all crimes against children in the country including child trafficking, forced begging and prostitution. This concerning trend calls for immediate and concerted efforts to address the issue.

On National Girl Child Day in India, social activists underscore the persistent challenges faced by girls in the country. Renowned activist and Nobel laureate Kailash Satyarthi emphasises the prevalent issue of child trafficking and exploitation, stating, "Girls in India continue to be vulnerable to trafficking, forced labour and sexual exploitation."

The illicit trade in girls persists, robbing them of their childhood and subjecting them to unimaginable horrors. It is crucial to address the root causes of trafficking, including poverty, lack of education and societal attitudes that perpetuate the vulnerability of girls.

Additionally, social activist and founder of the 'Prerna Girls School,' Urvashi Sahni, sheds light on the educational challenges faced by girls in India. She asserts, "Despite progress, girls in India still encounter obstacles in accessing education. Deep-rooted gender norms, safety concerns, and economic constraints contribute to lower enrollment and higher dropout rates among girls."

National Girl Child Day serves as a reminder to prioritise and invest in girls' education, fostering an environment where they can not only attend school but also thrive and contribute meaningfully to society.

Child marriage remains pervasive
In line with these developments, today, we stand at a crucial juncture in furthering and implementing these principles. While actions in this regard are required continuously, on assigned days like today, one of the aims is to raise awareness and spread the message about the progress and hindrances still faced.

An important marker in the rights of a girl child is the prevalence of child marriage. While we have the Prohibition of Child Marriage Act, 2006, (PCM) the practice of child marriage continues due to several socio-economic inequalities and regressive cultural norms, emphasises Dr Rahela Khorakiwala.

The bulk of data on child marriage is drawn from the National Family Health Survey (NFHS). The 2021 report (that documents data till 2016) does indicate that child marriage is on the decline. During the 2005 survey, there was a prevalence of 47 percent child marriages while data from the most recent survey released in 2021 puts this number at 23.3 percent, she added.

While the percentage and numbers are reducing, when calculated, from data available with UNICEF global databases, against the population of India, this still means that a staggering 223 million girl children were married before they turned 18 years.

Child marriage is only voidable by choice
The age of marriage has been a point of contention and acts as a marker for mapping the rights of the girl child. The battle with the first legislation (Child Marriage Restraint Act, 1929) was to prevent the marriage of girls below 14 years of age. In 1978, the age was increased to 18 years for girls. The PCM replaced this Act but maintained the age limit. At the time of drafting this article, there is an Amendment bill pending in the Lok Sabha that proposes increasing the age limit to 21 years for women - recounts Aafreen Collaco.

It is pertinent to remember that the age of marriage for males has always been higher and different than that prescribed for females. If this Amendment comes through, then the age of marriage for females and males will be at par for the first time. As we celebrate National Girl Child Day this year, it is time to reflect on crucial legal statutes that significantly affect girls' lives in India. One of the key takeaways from the Bill is that it does not make child marriage null and void except in certain circumstances, such as forced marriages. Instead, child marriage is only voidable by choice of either of the parties by decree of nullity filed in the district court till they reach 23 years of age (previously, it was 21 years).

Keeping in mind the socio-economic factors of a girl child in India, who might be highly dependent on her husband, how many will be able to apply for a successful annulment of marriage in courts? Therefore, increasing the marriageable age might seem a positive step, but considering it voidable by choice of either of the parties might have severe ramifications in its implementation," shares Collaco.

Misuse of the POCSO law
The personal laws related to marriage do not provide for a uniform minimum age of marriage for men and women. It is important to stress that the Bill clearly states the prohibition of child marriage irrespective of any law, custom, usage or practice governing the parties and has taken steps to amend the same. This is an important indicator stating the impact of the Bill and how it will override any existing law or custom.

Subsequently, the professors opines the PCM must also be read along with the Protection of Children from Sexual Offences Act, 2012 (POCSO). One major issue that needs to be addressed is the question of sexual exploitation of a girl child. There has been an alarming rise in misuse of POCSO due to the ambiguity of various High Courts which have acquitted accused involved in consensual sexual relationships between 16-18 years.

As India does not consider marital rape as a crime yet, the increase in age will lead to further complications as a female may have the right to be sexually active with a partner from the ages of 16-18 but not have a right to marry before she turns 21.

Experts suggest reforms
Dr Rahela Khorakiwala and Aafreen Collaco affirm that a misuse of the POCSO law may only expose girls to more sexual exploitation. Hence, increasing the marriage age is one step. Still, another step would be to ensure laws such as POCSO are also aligned with the same objectives of eradicating child marriage in India.

The girl child is often equated as a financial burden in India. Some studies indicate primary determinants of girls' early marriage to include factors such as extreme poverty, deep-rooted cultural beliefs and the perception that marriage offers protection. Therefore, mere reformative measures like focusing on age might not be enough to abolish child marriage.

Goal 5 of the UN Sustainable Development Goals aims to abolish all forms of gender discrimination, including child, early and forced marriage. Early marriage affects both genders, although girls are more susceptible to experiencing negative and challenging experiences such as early pregnancy, risk of maternal mortality and, at times, domestic and sexual violence. Such experiences also jeopardise the opportunity to study, attend school and develop a curious mind.

Therefore, creating awareness, improving education infrastructure and ensuring access to justice will help transform a better society for our girl child. The Bill is one step closer to securing a better world for the girl child in India and her overall impact on society, whether at home, school or the workforce.