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OPINION

Child Marriage in Nepal: An Urgent Call for Change

Despite Nepal's legal prohibition of child marriage and setting the minimum marriage age at 20 years, the practice persists in certain communities. According to UNICEF Nepal Country Profile, 2019, “Nepal is home to 5 million child brides, out of which 1.3 million married before age 15. “
By Aparajita Gautam

A few weeks ago, I got an opportunity to interact with women farmers in Mahottari. Almost twenty women were seated together, dressed in colorful sarees, with veils gracefully covering their heads. Kajal (name changed), 22, stood out from the other Maithili women in the meeting because, unlike the customary sari, she wore a Kurta—an uncommon attire for married women in the Maithili community. Tragically, she had recently lost her husband to alcoholism. Married at the age of 15, her experience is not uncommon in the Maithili and Musahar communities of Mahottari.


For instance, when Kajal refused to get married, her father severely beat her. Despite her resistance, she was forced into marriage and quickly became a young mother of three. Without education, a citizenship certificate, or financial independence, she suffered physical abuse from both her husband and his parents. Her husband's constant drinking eventually led to his death. Now, in her early twenties, Kajal is a widow with three children. She receives no support from her in-laws and has no land ownership, despite her husband's family owning abundant property.


It is a small community of 45 households residing on ailani (government)land, primarily consisting of Maithili-speaking and indigenous people.Lack of land ownership is also a major issue for this community. This has led to other major issues like poverty, with not much land to farm and grow food on.


However, the cases of child marriage were predominantly found in the Maithili-speaking communities and the nearby Musahar community.


Despite Nepal's legal prohibition of child marriage and setting the minimum marriage age at 20 years, the practice persists in certain communities. According to UNICEF Nepal Country Profile, 2019, “Nepal is home to 5 million child brides, out of which 1.3 million married before age 15. “


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Nepal ranks third among Asian countries in the prevalence of child marriage.It's shocking to realize that child marriage has been illegal in Nepal since 1963, yet I'm writing this article today because the practice persists.


Nepal's Constitution 2015 and legal provisions prohibit child marriage, ensuring children's fundamental rights to protection from violence, abuse, trafficking, and early and forced marriages. Article 39 (5) of the Constitution states that no child shall be subjected to child marriage, illegal transportation, kidnapping, or hostage-taking. Any actions violating these provisions are punishable by law, and affected children have the right to receive compensation from the offenders, as mandated by law.


Child marriage in Nepal, especially in certain communities is deeply embedded in cultural traditions and presents significant obstacles to education. It also has severe impacts on the health and well-being of young girls. There is an urgent need for awareness and intervention to eradicate this practice. This harmful tradition deprives girls of their educational future, as most families do not allow their daughters-in-law to continue their education.


In one of the Musahari communities at Gaushala municipality, a family married off two of their daughters at the age of 15. A year later, both daughters experienced stillbirths in the eighth and ninth months of their pregnancies.


Despite the severity of the tragedy, this family refused to believe it was caused by early marriage. They accepted it as fate, something that was bound to happen. Pressured by accusations from community members that their daughters had been seen walking with a boy, they rushed to marry their daughters off.


These are just a couple of examples; there are many more. Child marriage often leads to severe complications in reproductive health. Women aged 22-25 have faced cases of hysterectomies.  Due to which, some women also reported that their refusal to engage in sexual activity due to the pain and discomfort has led to marital rape, domestic violence, and even abandonment by their husbands, leading to their remarriage.


The more we delved into their stories, the more horrifying tales we uncovered about the lives of these young girls.Another reason for the practice of child marriage was that, apparently families must give a smaller dowry to the boy's family if the girls are younger in age.


They have no land and no housing security, and they are deeply entrenched in poverty. As a result, they marry off their daughters, believing that this will reduce the burden on their household by having one less mouth to feed. The desperate economic situation leaves them with few options, and early marriage is seen as a necessary step for survival amidst their challenging circumstances.


As I explored the communities, I observed that while some areas had functioning educational youth clubs, participation from boys was notably low. In contrast, girls attended these clubs and, in some cases, even outright refused to marry despite parental pressure. However, not everyone could resist.


Child marriage perpetuates a cycle of poverty for both the girls and their families. Additionally, married girls are at a higher risk of experiencing domestic violence.In some communities, even when parents were somewhat aware of the devastating consequences of child marriage, children still eloped on their own. This indicates that a much deeper intervention is required to effectively tackle this issue. Some of the reasons why they run away include escaping poverty or fleeing from a rumor that they have been linked to a certain person.


Various levels of government need to implement special initiatives, such as educational awareness programs, advocacy efforts, and rehabilitation programs, to enhance the participation and decision-making skills of girls and women affected by child marriage.Despite some level of government involvement, the intervention remains insufficient.


The most crucial factor in eradicating child marriage is raising awareness and providing education for girls. An educated girl becomes aware of her rights, her body, and her mind, and is empowered to resist any pressure to marry against her will.She can choose to have a baby when she feels mentally and physically prepared.


The annual international campaign ‘16 Days of Activism against Gender-Based Violence 2024’ will conclude on December 10th, 2024. Through this campaign, we can highlight the critical intersection between gender-based violence and child marriage. By connecting these issues, we emphasize the urgent need to protect children's rights and ensure they can grow and thrive without the constraints of early and forced marriages. Prioritizing this fight means fostering environments where children can pursue education, develop their potential, and build futures free from the limitations imposed by these harmful practices. It is essential to raise awareness, mobilize communities, and advocate for policies that safeguard children's well-being and promote gender equality.


Communities need to push for legal reforms, improve education, and establish support systems to eliminate child marriage.                                   

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