Present Condition in Nepal
There are religious and social reasons behind Nepali society’s inability to invest in a daughter’s education. For the sake of virtue, the devout and superstitious people marry their daughter fast.
Similarly, in Terai society, due to the compulsion of providing an adequate dowry for the daughter, the adolescent gets married at an early age. No matter how much the daughter is educated, the dowry should be given sufficiently.
If the dowry is not sufficed, the girl will suffer violence, exploitation, torture. Parents so give priority to dowry more than education in order to get rid of various tortures and violence.
The legal system before and now
In the Muluki Act of 1954 A. D./1910 B. S., The minimum age of girl children for marriage was fixed at Five years of age. It was considered prevalent in the then society. In the Muluki Act of 1963 A. D./2020 B. S., The minimum age for girls for marriage was fixed to 14 years of age and for boys, the marriageable age was fixed to 18 years of age.
At present, the legal age for marriage has been fixed to 20 years of age. However, according to the report of the Ministry of Health, still, 41 percent of underage girl children and 11 percent of underage boy children are married in Nepal.
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Under current law, a child marriage below the age of 20 can lead to one-year imprisonment and ten thousand rupees fine, but it is not strictly forbidden. Also, such marriages are not considered legal and are automatically nullified.
As stated in the Social Reform Act 2033, the law does not appear to have been implemented in the society. Section 3 of the Social Reform Act has control over the tilak, section 4 of this act specify not even the bride’s family should involve in giving and take of the dowry.
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Section 5 of this act control the dowry, Section 6 control the financial obligations and Section 7 of the act has a control on the marriage procession. Section 8 has control over the marriage feast. This kind of reform act is on one hand but on the other, the behavior is increasing day by day in society.
Sub-section 5 of Article 39 of the Constitution of Nepal establishes the right of a child such that child marriage, illegal trafficking, and abduction or holding hostage are punished strictly. After getting married, both parties should go to the municipality to get legal proof of marriage.
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If for any reason a marital relationship cannot be maintained, the girl may divorce from the marital relationship. The law seems to give special priority to women during a divorce. A woman can easily get a divorce from the court by taking her share and for men, there is no easy and simple legal arrangement for divorce.
Legal age to get married in Nepal:-
Social activists in Nepal agree that the only reason why this impoverished country will pass over the gender-connected Millennium development goals (MDGs) of the united international locations is the persistence of infant marriage.
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Nepal’s marriage regulation stipulates two decades as the criminal age for marriage for both sexes, however current information at the ministry of fitness and populace show as a minimum 23 percentage of ladies getting married off at 15 – 19 years. “Early marriage needs to be stopped as it not only impacts ladies’ training however also their health,” Suman Tuladhar, schooling professional at the United countries kid’s Fund (UNICEF), tells IPS.
What’s the legal age?
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Legal age refers to the authentic trendy of adulthood reaching which someone acquires full prison rights, in addition to duties for his or her acts and omissions.
Even though an age of 18-years (maturity) is generally considered the legal age, it isn’t a universally everyday well-known and varies among jurisdictions and for activities which include consuming, riding, getting married, vote casting in elections.
What’s marriage?
Marriage is the intimate union and equal partnership of a person and a woman. It involves us from the hand of God, who created male and lady in his picture, so that they might end up one body and might be fertile and multiply.
Though man and female are the same as God’s kids, they’re created with important variations that permit them to give themselves and to acquire the opposite as a present.
What is the legal age to get married in Nepal?
In the context of our country Nepal, The legal age of marriage is 20 years for both males and females, according to the Nepalese national policy. To get married in Nepal, the couple must meet up with the Government of Nepal’s requirements.
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The authorities accountable for registering marriages are the CDO for every locality, popularly known as “CDO office.” In Kathmandu, the CDO bureau is situated in Babar Mahal likewise there is CDO offices in all districts. The law states that punishment for infant marriage is imprisonment for up to a few years and a penalty of 10,000 rupees.
A new proposal has been made to change the minimum age for marriage from 18 to 20. According to the proposal, anyone found guilty of forcing people to marry sooner than the age of 20 would be sentenced to one-year jail or slapped a fine of Rs 10,000 or both.
However, those who have reached the age of 18 are allowed to get married before they turn 20 with the permission of their guardians. The proposal also categorizes taking care of the parents in their old age as children’s duty. If found guilty of inflicting pain and suffering to the elderly or the newborns, they may be sentenced to three-year jail and slapped with a fine of Rs 30,000.
“We, in reality, need to strongly lobby against early marriage, but we are hampered by means of a completely terrible monitoring gadget to put in force the existing law,” Dibya Dawadi, deputy director-trendy in the branch of schooling, advised IPS.
However, for both the authorities in addition to non-governmental corporations (NGOs) involved with infant marriage, imposing the regulation is a predicament due to the fact criminal motion manner prosecuting the dad and mom.
Effective measures need to be taken to end this situation.
The issue of whether or not to marry is a natural right of every person. From the point of view of human rights, every citizen must be guaranteed the right to marry the person he chooses and to set the road for his future. For this, most countries set a minimum age for marriage.
The legal age for marriage in Nepal is fixed to be 20 years. The Constitution of Nepal, recently formed in the constitutional history of Nepal, has for the first time acknowledged child marriage as a punishable offense, citing child rights violations.
Nepal is at the forefront of countries with high child marriages. In South Asia, Nepal ranks third behind Bangladesh and India. Statistically, more girl children are married before the age of 18, according to the study. The social and cultural beliefs, gender differences, poverty, illiteracy, insecurity, are the main reasons for the marriage of girl children.
Not only does child marriage deprive children of basic rights, but they are also deprived of their right to choose their future and the opportunity to participate in the decision-making process.
Particularly in the case of girl child marriages, it will result in the creation of a series of violations of many rights in their life cycle. Due to child marriage, marital life is not sustainable, they are exposed to various health problems, sexual violence, child labor, marital violence.
Over time, child marriage becomes an obstacle to building a civilized and equitable society. By minimizing women’s role and participation in the social development process.
For children must create a compulsory reading environment. All parents and minor students should be trained about the effects and damage that can be done to their physical and mental health. Prevention of child marriages should be documented and an in-depth study of the cause is attempted.
The victim and those who perform child marriage should be brought under the law and punished. Due to the shortage of punishment currently available in Nepal, the future of the child should be secured and the punishment for the child-marriage should be increased. In the case of a girl committing suicide due to boy, boy’s family, or anyone, the cause of suicide should also be punished.
Child marriage is a social disease. The cooperation of all parties is essential to prevent this kind of illegal activity. If child marriage is forbidden, the future of both children will be bright.
There will be the protection of child rights and human rights, help maintain law and order in society. Men and women can marry on their own will and there will be more successful in marriage.
Statistics related to Child marriage in Nepal
According to the census of 2068 B. S., 1,38,015 children in Nepal appear to be married before the age of six. The data also shows that 1,15,150 were girl children who were married underage. Nepal Demographic and Health Survey 2011 (NDHS-2011) has stated that in Nepal, 41 percent of women in the age group of 20 years to 24 years are married before the age of 18 years.
According to data published by UNICEF in 2016, 37 percent of girl children in Nepal marry under the age of 18. Similarly, 10 percent of girls marry under the age of 15. According to a study done by Women and Children Office in Kapilvastu district in 2073 B. S., 74 percent of marriages are performed before the women reach 20 years of age.
Especially in the Terai districts, child marriages are relatively high. In the remote hilly districts, Achham, Baitadi, Bajura, Doti, Bajhang, etc., the rate of child marriage is also high. The prevailing practices in our society have been seen as a major factor in child marriage.
In the Terai, it is customary to get married soon because of the customary practices. Likewise, in the West and various remote villages, there is still a strong belief that parents will go to heaven by marrying a girl before she starts menstruating.
Recent studies have shown that one of the leading causes of child marriage in Nepal is the increasing misuse of information technology. Child marriage has been increasing because people through social media, Facebook, Twitter, WiFi, and Internet, sharing, and watching obscene pornographic videos.
Poverty is another major cause of child marriage with superstition. Which has negatively affected all areas? Government and non-governmental agencies have taken various initiatives to solve this problem since the past, but the expected improvement has not been achieved.
Most of the people living in remote villages of Nepal have a hard time finding away. Many children are born to the hope of a son. This makes it difficult for family members to grow and maintain their daily living.
The parents are forced to marry their daughters at a young age because of the cost of their education and food. The fact that marriage is done at an early age due to poverty is abundant in the villages of Nepal.
In Nepal, child marriage in Dalits is relatively high in comparison to non-Dalits. And high amongst the minority groups compared to the rich. It is also feared that if the girls’ age is more, their marriage would be more difficult, and more dowry has to be given. For these many reasons, child marriage is seen as a complex problem in society.
The reasons for child marriage
The factors contributing to the spread of child marriage are poverty and related economic survival strategies, gender inequality, issues of ownership of land, and other property. Control of sexuality and protection of the honor of the family, traditions, and culture.
The inability to ensure the safety of the life of an unmarried woman. Among other reasons, the use of marriages to address issues of power and relations between families can be noted.
The prevalence of child marriage can be associated with rapid population growth, a large number of orphans, and epidemics of various diseases.
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Dowry and ransom:
The ancient tradition of giving the dowry of the bride in some regions has survived to this day. Often for the bride’s parents, collecting dowry leads to too much cost. Especially during times of economic crisis, persecution, unpredictable seizures of property, and the establishment of discriminatory taxes.
Such economic difficulties often prompt parents to betroth and marry their daughter as soon as they have enough dowry, regardless of the age of their daughter. In the traditions of other nations, there is a practice of redeeming the bride.
When, on the contrary, the groom (or his parents) must pay a fee in money or other property to the bride’s parents for their consent to the marriage. In some countries, the younger the bride, the greater the ransom for her can be obtained.
This practice is even more conducive to the early marriage of girls. It happens that the bride’s parents find themselves in such a difficult financial situation that for them to sell their daughter to marry is the only way out of it.
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Harassment, Forced Migration, and Slavery:
An increase in the number of early marriages is also observed in the most difficult and dangerous situations. Such as wars, forced conversion to religion, the capture of local residents and their conversion into slavery, deportation and forced resettlement, and mass detentions.
Since in most of these situations men die or are deprived of their liberty more often than women. There is a shortage of suitable suitors, which forces the girl’s parents to marry her at the first opportunity until the groom leaves or something else happens.
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Poverty, Social Pressure, Fear, and Insecurity:
Social insecurity is one of the main causes of child marriage throughout the world. For example, in Nepal, parents fear public censure if an adult (over 18 years old) daughter continues to live in their house.
Another threat is rape, which, among other things, can lead to the fact that later the victim of violence will have little chance of getting married. In other cultures, they fear that an unmarried woman could easily be involved in an unlawful relationship.
Or run away with her lover and thereby dishonor her brothers and deprive younger sisters of the chance of a successful marriage. Such considerations and pressure from public opinion also lead to early marriages. For a family living in extreme poverty, a daughter can be a burden.
And if she is married off as soon as possible, this will be a relief for both the family and herself. Child marriage can also be considered as a means of ensuring the economic security of a young woman. Especially in a situation where the parental family is no longer able to support her, and the woman herself is not able to earn her livelihood.
Another reason for early marriages may be fears of parents for the physical safety of their daughter. And their hope that her husband will be able to protect her from violence, promiscuity, and sexually transmitted diseases. However, in reality, the marriage of minors to men much older than them increases the risk of contracting such infections.
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Political and financial relations:
Child marriage may depend on socioeconomic status. Aristocrats in several countries sought to use the marriages of their children for political purposes, to strengthen political and economic ties between noble families. Such a marriage was considered an important binding contract.
And its dissolution could have the most serious consequences for both the spouses themselves and their relatives.
Consequences of Child Marriage on girls
Early marriage and early onset of sexual activity lead to long-term consequences for women, some of which remain in adulthood. A woman married in childhood or adolescence often has various health problems caused by early first pregnancy.
And often short breaks between subsequent pregnancies and childbirths. Marriage and pregnancy in adolescence often lead to the social isolation of a woman, and in the early childbirth, the likelihood of complications.
In poor countries, a young wife and mother usually drop out of school and stop studying. And in the future, for her, educational opportunities and professions are significantly reduced or even lost.
As a result, such a woman becomes economically dependent on her husband or relatives, cannot independently earn a living, and has no alternative to marriage. Young wives are more likely than adults to become victims of domestic violence, sexual abuse, and marital rape.
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Diseases, Maternal, and Infant Mortality:
Early marriage can be dangerous to a woman’s health and life. Complications of pregnancy and childbirth are the most common cause of death for women aged 15-19 in developing countries.
At this age, the probability of dying during childbirth is twice as high as in 20–30 years old, and up to 15 years old it is 5–7 times higher. The main reason is the physiological immaturity of a young woman, whose pelvis and birth canal are still not sufficiently developed.
This greatly complicates childbirth and increases the risk of developing obstetric fistula – up to 88% in women in labor under the age of fifteen. Also, young wives have a significantly higher risk of contracting sexually transmitted infections and malaria.
The development of cervical cancer, than unmarried women and those who have married after 20 years. Child marriage threatens the health of not only the mother but also her child.
Mothers under the age of 18 have a 35–55 % higher risk of giving birth to premature or underweight babies than 19-year-old women in labor, and infant mortality is 60% higher. Children of young mothers often have weakened immunity, they often suffer from malnutrition.
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Illiteracy and poverty:
For women, early marriage often leads to termination of studies, especially in poor countries where child marriage is widespread. Uneducated girls and women, on the other hand, are more likely to marry at a young age. Girls with no education marry before the age of 18, approximately twice as often as girls with secondary education.
Having become a wife and mother, a girl often loses her former opportunities for receiving a quality education. And sometimes she drops out of school in order to pay more attention to her children and household chores.
An uneducated woman often does not have the opportunity to get a fairly paid job or in some other way to independently earn a living for herself and her children, to gain economic independence. As a result, it depends entirely on the husband or relatives, and in the event of the death of the husband or separation from him, she may be doomed to poverty.
In addition, if a husband is much older than his young wife (as often happens), then she is much more likely to be widowed. And then to experience serious economic and social problems for most of her life than a woman who married at an older age.
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Domestic Violence:
Young and uneducated wives are at greater risk of social exclusion. And domestic violence than more educated women who have married as adults. Often after the wedding, the young wife moves to her husband in another locality.
As a result of which she is divorced from the parental family, friends and school can no longer receive the social support from them that she could receive before marriage. Many husbands tend not to let their wives out of the house without special needs.
In addition, in the husband’s family, they can make higher demands on the young woman than they did in the parental family. But believe that because of her gender and age she is not able to make independent, responsible decisions and must obey her husband unquestioningly.
Such isolation can lead to serious psychological problems, including depression. A large age difference with a husband facilitates the commission of domestic violence, including a cruel one.
Early marriages are more likely to become victims of such violence, including life-threatening ones. For a young, psychologically underdeveloped woman, regular homework can lead to devastating psychological consequences for the rest of her life. Including severe depression and attempted suicide.
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Violation of women’s rights:
Early marriage often leads to a violation of several interrelated rights of a woman. Such as equality of rights and duties regardless of gender and age, the right to receive the highest quality medical care available.
The right to education, freedom of movement, freedom from slavery, reproductive rights and freedoms, the right to marriage by mutual consent.
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Impact on Economic Development:
A high proportion of child marriages can adversely affect the economic development of the country. Because young wives often do not receive high-quality professional education and do not participate in the labor market.
UNICEF conducted a socio-economic study on this topic in Nepal and concluded that child marriage contributes to poor public health, reduced labor productivity, poverty. And that if all girls marry no earlier than 20 years, their total income will increase by a value equal to 3.87% of the country’s GDP.
According to a joint report by the World Bank and ICRW, early marriages in developing countries will cause total economic damage of several trillion dollars by 2030. Married at 13 years old give birth to 26% more children than married after 18 years.
It contributes to the rapid growth of the population in developing countries that already have the problem of overpopulation and suffer losses due to it.
Impact of Child Marriage on boys
We do not talk about it very effectively, but early marriage also concerns boy children. And as for girls, this socio-cultural practice with economic foundations undermines their childhood and their development.
Not to mention that early marriage violates their basic rights and compromises the realization of their full potential as adults. Married boys are forced to take on adult responsibilities that they are not always ready to take on.
Early marriages lead to early paternity that puts young fathers under pressure to support their families, forcing them to drop out of school and denying them professional opportunities.
UNICEF reports that 115 million boys and men worldwide were married before their majority, including 1 in 5 boys before the age of 15. UNICEF says in its first-ever in-depth analysis of married boys.
Among them, one in five boys was married before he was 15, which represents 23 million boys. All types combined, the number of married children in the world is estimated at 765 million!
One fact, however, may explain the emphasis on early marriage for girls. Statistics show that they remain the most affected by early child marriage, in fact, one in five of them is married before reaching age.
The spread of Child Marriage in Nepal
According to UNICEF, in 2011 in Nepal, the proportion of child marriage was 28.8 %. According to the same data, 79.6% of girls from Muslim families, 69.7% of girls from mountainous regions (regardless of religion), and 55.7% of girls from other rural areas got married before the age of 15.
In wealthy families in Nepal, child marriage is less common. Thus, girls from the upper quintile’s wealthy families marry on average two years later than the rest of Nepal’s girls.
Child Marriage impacts women and girls throughout their lives
In Nepal, 41% of girls get married before they turn eighteen and 10% get married before they turn fifteen. Girls who get married early rarely have access to education because they are expected to drop out of school, move to her husband’s house, and do housework.
Lack of access to education is not the only challenge facing brides. They are twice as likely to be victims of domestic and sexual violence. And have little control over their reproductive rights, especially because their husbands are often much older.
Early pregnancy endangers their lives, as young mothers are at risk of obstetric fistula and urinary prolapse. In fact, girls under fifteen are five times more likely to die in childbirth than women in their twenties.
And complications related to early pregnancy and childbirth are the leading cause of death for girls ages 15 to 19 In the developing world. And therein lies their economic situation and their well-being. Girls who marry young are less likely to get out of the cycle of poverty.
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