LEGAL FRAMEWORK AND JUDICIAL APPROACH ON FEMALE GENITAL MUTILATION & CHILD MARRIAGE
AUTHOR – ADITI BHOWMIK, STUDENT AT AMITY UNIVERSITY, NOIDA
BEST CITATION – ADITI BHOWMIK, LEGAL FRAMEWORK AND JUDICIAL APPROACH ON FEMALE GENITAL MUTILATION & CHILD MARRIAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 812-820, APIS – 3920 – 0001 & ISSN – 2583-2344.
In India, historically, there have been several instances where child marriages were common practices due to their cultural significance, as they could also be a way to create alliances within families and deal with socio-economic difficulties. Nonetheless, due to increased sensitization regarding the rights of women and the negative consequences associated with these actions, there have been amendments in the Indian legal system that would discourage child marriages. [1]Initially, the Child Marriage Restraint Act was passed in 1929, which sought to address child marriages within the Indian society. [2]Further amendments were also made in 1978, increasing the age of marriage from 15 to 18 years old for females. In like manner, FGM is another practice that has received little recognition in India due to the medical and human rights issues involved with it. It can be argued that the lack of any legislative prohibition against the practice of FGM points to a major deficiency in the laws of the nation. As per the provisions of the Indian Penal Code (IPC), there exists no law criminalizing the act of FGM. Due to its culturally-oriented nature, it becomes difficult for courts to reconcile between law and culture regarding the issue of FGM.
Through scholarly studies, it has been shown that any effective legal system is required to have both punitive and preventive components. The scholars have emphasized the need to alter the paradigm from focusing on criminalization alone to adopting a more comprehensive approach that involves both community involvement and education. This is a point made by women activists, who advocate the need to have social movements as part of the reforms, and such a movement will help alter society’s attitude towards the practices, especially female genital mutilation (FGM), and early marriages. Another important consideration in terms of legal analysis regarding female genital mutilation and child marriages in India pertains to the process of interpretation by the judiciary and enforcing any applicable laws. [3]The judicial branch is an institution that significantly contributes to determining the standards within society. In this sense, despite the numerous judgments regarding various forms of sexual abuse and child rights, there have been no explicit decisions taken by the Supreme Court on the matters of FGM and child marriage. [4]As a result, the silence on issues of such nature is likely to continue because of cultural considerations and unwillingness to interfere in issues pertaining to human rights violations. Also, the enforcement of the law is hindered due to some structural problems, where there is no professional knowledge among the law enforcement officers on gender violence. Reports show that incidents of child marriage have been turned down or resolved informally because law enforcement officers tend to be hesitant about engaging themselves with the intricacies of these practices. Moreover, judicial delays and inefficiencies make the population skeptical about taking legal recourse for their complaints, which makes it difficult to report any crimes[5].
[1] Ministry of Women and Child Development, India (2023), Policies to Prevent Child Marriage.
[2] Government of India, Child Marriage Restraint Act, 1929 and Amendment Act, 1978.
[3] Seervai, H.M. (2018), Constitutional Law and Judicial Interpretation in India.
[4] Supreme Court of India Records (2024), Gender Justice and Child Rights Cases.
[5] National Judicial Data Grid (2024), Judicial Delay and Access to Justice in India.