Dr. Ratan Bhattacharjee
Though Jammu and Kashmir ranks among the lowest in reported child marriage cases in India, the issue remains deeply rooted in historical, cultural, and socio-economic complexities. This article explores the evolution of child marriage in Kashmir, its current legal framework, the challenges of underreporting, and the path forward for safeguarding children’s rights. Child marriage in Kashmir, like in many parts of South Asia, was once a normalized practice across religious and ethnic communities. Post-independence reforms, increased literacy, and changing social attitudes began to shift the landscape. The introduction of the Prohibition of Child Marriage Act (PCMA), 2006 and growing awareness of children’s rights contributed to a decline in the practice. Neighboring Ladakh reported zero cases during the same period. Nationally, over 2,800 cases were registered, with Karnataka, West Bengal, and Assam topping the list.While these numbers suggest progress, experts caution that underreporting remains a serious concern, especially in rural and conflict-affected areas. Social stigma, lack of access to legal recourse, and community pressure often prevent families from reporting child marriages. The Prohibition of Child Marriage Act, 2006 defines child marriage as a union where either party is below the legal age—18 for girls and 21 for boys. The Act criminalizes: Performing or facilitating child marriage 2)Failing to prevent such marriages 3) Living with a minor spouse. Child marriage threatens the lives, well –being and futures of girls around the world. Addressing child marriage requires recognition of the factors that enable it . While the roots of the practice vary across countries and cultures, poverty ,lack of educational opportunities and limited access to health care perpetuate it. Some families marry off their daughter to reduce their economic burden or earn income. Others may do so because they believe it will secure their dauther’s future or protect them. Norms and stereotypes around gender roles, as well as the socio economic risk of pregnancy outside of marriage ,also uphold the practice.
Moreover, the region’s unique political status and history of conflict have complicated the implementation of national laws. While the abrogation of Article 370 in 2019 extended central laws to Jammu and Kashmir, the transition has been slow and uneven. Girls are disproportionately affected by child marriage in Kashmir. In many cases, girls are married off to settle debts, resolve disputes, or strengthen family alliances. The lack of safe shelters, legal aid, and community support makes it difficult for victims to escape or resist such arrangements. Education plays a critical role in prevention. Studies show that girls who complete secondary education are significantly less likely to be married before 18. Kashmir’s decades-long conflict has exacerbated vulnerabilities. Displacement, poverty, and trauma have pushed families toward early marriage as a coping mechanism. In some cases, orphaned children or those from displaced families are married off to ensure “protection” or economic stability.Human rights organizations have documented instances where child marriage intersects with trafficking, forced labor, and abuse. Yet, the lack of comprehensive data and the sensitivity of the issue make it difficult to quantify the full impact.
Research has found that child marriages have many long-term negative consequences for child brides and grooms. Girls who marry as children often lack access to education and future career opportunities. It is also common for them to have adverse health effects resulting from early pregnancy and childbirth.. Effects on child grooms may include the economic pressure of providing for a household and various constraints in educational and career opportunities. Child marriage is part of the practice of child betrothal. often including civil cohabitation and a court approval of the engagement.. Some factors that encourage child marriages include poverty, bride price, dowries , cultural traditions , religious and social pressure, regional customs, fear of the child remaining unmarried into adulthood, Illiteracy, and the perceived inability of women to work.
Despite the challenges, Kashmir has seen a rise in grassroots activism and youth-led initiatives aimed at ending child marriage. NGOs, educators, and religious leaders are working to:raise awareness through workshops and campaigns ,promote girls’ education and vocational training
engage communities in dialogue about harmful traditions ,some notable efforts include: community-based monitoring in rural districts ,legal literacy programs for women and adolescents ,collaborations with religious institutions to reinterpret cultural norms.These initiatives have helped shift perceptions and empower families to delay marriage and invest in education. To eradicate child marriage in Kashmir, a multi-pronged approach is essential: The government must also ensure that development programs—from health to housing—include child marriage prevention as a core component. International organizations can support by funding local social organisations .While Jammu and Kashmir may not top the charts in child marriage cases, the issue remains a silent struggle for many families.The region’s unique cultural, political, and geographic context demands tailored solutions that respect tradition while protecting children’s rights.Ending child marriage in Kashmir is not just a legal challenge—it is a moral imperative, a social transformation, and a test of collective will.
With sustained effort, community engagement, and policy support, the valley can become a beacon of hope for children across India.In Kashmir, forced and underage marriages are a significant issue, despite official data suggesting a low prevalence. While a 2025 report indicated that Jammu and Kashmir had one of the lowest rates of reported child marriages in India, this contrasts with observations of a persistent “silent crisis”. For many years, the special status of Jammu and Kashmir meant that certain central Indian laws did not apply.When this Child Marriage Restraint Act, 1929:was first enacted, it explicitly excluded the state of Jammu and Kashmir. After the reorganization of the state, this Prohibition of Child Marriage Act, 2006 was amended and became applicable to the union territories of Jammu and Kashmir. This was a major step towards strengthening legal protections against underage marriage. Historically, child marriage for Muslims in India Muslim Personal Law was often governed by personal laws based on Shariat..A strong societal stigma surrounding child marriage, coupled with a lack of awareness, makes many families reluctant to report instances to the police. Child marriage has devastating consequences for the young women involved. Child brides are at a higher risk of experiencing domestic violence. They face greater health risks, including complications during pregnancy and childbirth. Early marriage often cuts off educational opportunities and restricts personal growth and social development.It is because of the Prohibition of Child Marriage Act, 2006 , authorities have a stronger legal basis for prosecution. Organizations and activists are working to raise awareness and support interventions to reduce child marriage. Schemes aimed at empowering women and providing educational support, such as scholarships, can help reduce the prevalence of child marriage.Online portals like Bal Vivah Mukt Bharat provide a confidential platform for citizens to report suspected cases. Because UNICEF works with a range of stakeholders – from grassroots organizations to high –level decision makers – across a scope of rights issues, we are uniquely positioned t identify and address the systemic barriers to reproductive health and gender equality. In 2016 UNICEF together with UNFPA launched the Global Programme to End Child Marriage.Empowring young girls at risk of marriage or already in union , the program has reached more thatn 21 million adolescent girls with life skills training , comprehensive sexuality education and school attendance support since 2016.Over 353 million people including the key community influencers as well as men and boys specifically , have also engaged in dialogue and communication campaigns to support adolescent girls or other efforts to end child marriage.
Dr. Ratan Bhattacharjee is an International Tagore Awardee Poet, Fiction Writer, and Professor, known for his literary advocacy and editorial excellence in Bengali and Assamese literature & Poet cum Columnist for national Dailies
