Citation

Jain A. Soc. Change 1995; 25(2-3): 119-123.

Copyright

(Copyright © 1995, Council for Social Development, Publisher SAGE Publishing)

DOI

unavailable

PMID

12158000

Abstract

This article discusses the flaws in India's legislation dealing with female children and equality, marriage age, rape, adoption, child care, and inheritance. India's national policies treat children as commodities and not human beings with their own rights. The best interests of a child are not generally served in a manner that advances their welfare. Exploitation of children for labor and sexual abuse of children is widespread. Only some children have such basic needs met as education, nutrition, food, health, clothing, shelter. Children are defined by the UN as human beings below the age of 18 years. However, in India the Constitution protects only children younger than 14 in employment. The prostitution act protects children younger than 16. The juvenile justice protects girls under the age of 18 years and boys under the age of 16 years. Hindus recognize inheritance of family property only for sons. This custom contributes to the abortion of female fetuses. The practice of equal protection under the law has enough loopholes to safeguard the interests of masculine patriarchal values, norms, and structure. The Act of Marriage does not deal directly with the issue of validity and only recommends a suitable age of marriage. Women can seek divorce on the grounds she was too young to marry only if the marriage occurred before the age of 15 years. Sexual intercourse with a woman under 16 years old is rape, with or without her consent. However, in practice men receive a lesser punishment for rape if the woman is his own wife and not under 12 years of age. The rape must be reported within a year of its occurrence. India's laws penalize the adults involved in child marriages, but the Hindu Marriage Act punishes only the parties married, including the child. Marriage registration is not compulsory. India's protective laws distinguish between prostitutes and men who use prostitutes, husbands versus wives in fidelity disputes, married versus unmarried or "unchaste" women, and guardianship of adopted sons versus daughters.

Language: en