Relevance for UPSC: GS II (Social Justice, Governance); GS IV (Ethics, Human Values)
Source: National Family Health Survey-5; Supreme Court judgments; Ministry of Women and Child Development

Context

Child marriage remains a structural barrier to India’s human development, despite a robust legal framework. According to National Family Health Survey-5, 23 percent of women aged 20–24 were married before 18, indicating deep-rooted socio-economic and cultural drivers. Child marriage perpetuates poor health outcomes, educational drop-outs, inter-generational poverty and gender inequality, directly challenging constitutional guarantees of dignity and equality.

To address this, the Government launched Bal Vivah Mukt Bharat (November 2024), targeting a 10 percent reduction by 2026 and complete elimination by 2030, in line with Sustainable Development Goal 5.3.

Legal–Constitutional Architecture

Prohibition of Child Marriage Act, 2006

• Defines child as female below 18 years and male below 21 years
• Child marriages are:
  • Voidable at the option of the minor
  • Void ab initio in cases involving force, trafficking or deceit
• Offences are cognisable and non-bailable
• Enables preventive injunctions and appointment of Child Marriage Prohibition Officers

Criminal Law Reinforcement

• Under the Bharatiya Nyaya Sanhita, 2023, sexual intercourse with a wife below 18 years is rape
• Supreme Court has clarified that such acts amount to aggravated sexual assault under the Protection of Children from Sexual Offences Act, 2012

Constitutional Anchoring

• Article 21 – Right to life with dignity, health and bodily autonomy
• Articles 15(3) and 39(f) – Special protection for women and children
• Directive Principles mandate prevention of exploitation and early childhood harm

Judicial Push: Supreme Court (2024)

In Society for Enlightenment and Voluntary Action vs Union of India (2024), the Court:

• Prohibited child betrothals
• Directed appointment of full-time Child Marriage Prohibition Officers
• Ordered district-level enforcement units
• Shifted focus from punishment to prevention, early detection and awareness

This judgment strengthened cooperative federal enforcement of child protection laws.

Bal Vivah Mukt Bharat: Governance Design

• Implemented by Ministry of Women and Child Development
• Converges with Beti Bachao Beti Padhao, education, health and nutrition schemes
• Digital portal for real-time reporting and district monitoring
• 100-day national campaign in 257 high-burden districts
• Incentives such as Child Marriage-Free Panchayat certification

Best Practice: Chhattisgarh

• Balod district became India’s first child marriage-free district (2025)
• Success driven by community vigilance, preventive injunctions, school tracking and local leadership
• Demonstrates that social change is fastest when communities are co-owners

Persisting Challenges

• Entrenched social norms and poverty
• Under-reporting in informal settings
• Capacity gaps among enforcement officers
• Risk of relapse without sustained monitoring

Way Forward

• Institutionalise a dedicated cadre of Child Marriage Prohibition Officers
• Use early-warning systems linked to school drop-outs and health data
• Strengthen girls’ education, nutrition and skill pathways
• Deepen Panchayati Raj Institutions’ ownership
• Continuous judicial and administrative review

Summary

Bal Vivah Mukt Bharat represents a shift from reactive criminalisation to preventive, rights-based governance, combining law, judicial oversight and grassroots mobilisation.

One-line Wrap: Ending child marriage requires legal force backed by social transformation.

Q. How does Bal Vivah Mukt Bharat strengthen India’s response to child marriage? Examine its legal and governance dimensions.