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TITLE
DECLARATION
CERTIFICATE
PREFACE
CONTENTS
I. INTRODUCTION
Child Marriage
II. CHILD MARRIAGE: A VIOLATION OF HUMAN RIGHTS
Best Interest Concept
Provision Rights
Participation Rights
Protection Rights
III. CHILD MARRIAGE: CAUSES AND IMPACT
Causes of Child Marriage
Child Marriage: A Protection to Girls?
Child Marriage: A custom?
Child Marriage: To overcome poverty?
Child Marriage: A Consequence of Urbanisation?
Impact of Child Marriage
Psychological
Physiological
Eugenic
Educational Impact
Impact on Family and Society
Domestic Violence
Marital Rape
Child Widowhood
Child Prostitution
Female Foeticide and Infanticide
IV. AGE AT MARRIAGE: A STATISTICAL STUDY
India
(a) Census
(b) NFHS I and II
Kerala
Rapid Household Survey (RHS)
Survey on Parenting Practices
Baseline Study
Empirical study
Medical College Kozhikode
District Hospital Manjeri
Community Health Centre Nedumkandam
Women and Children Hospital Mattanchery
District Hospital, Ernakulam
Medical College Kottayam
V. CHILD MARRIAGE AND LEGAL CONTROL A HISTORICAL PERSPECTIVE
Marriage
Vedic Period
Sutra Period
Smriti Period
Medieval Period
Social Movements
Legislative Measures
Mother India Controversy
Legislative Attempts at the Provincial Level
Central Level
VI. RESTRAINT OF CHILD MARRIAGE: STATUTORY ANALYSIS
Applicability of the Act
Jurisdiction of the Act
Child Marriage
Child under the Act
Liability under the Act
Criminal Liability of the Bridegroom under the Act
Criminal Liability of Parents, guardians and other promoters of child marriage
Criminal liability of persons solemnizing a child marriage
Section 5 - applicable to parents?
Preventive Measures
VII. CHILD MARRIAGE RESTRAINT ACT: PROCEDURE AND PENAL POLICY
Lodging a Complaint - Indispensable in Child Marriage Case ?
Preliminary enquiry - Mandatory?
Taking cognizance and limitation
Is the offence Cognizable?
Enforcement Machinery - Satisfactory?
Penal Policy
Minimum Punishment
Exclusion of Women from imprisonment
Enhancement of the quantum of penalty - Advisable?
VIII. VALIDITY OF CHILD MARRIAGE: JUDICIAL RESPONSE
Acquiescence of child marriage in other statutes
Views of Judicial Officers and Academicians
IX. CONCLUSION
APPENDICES
APPENDIX – A
APPENDIX - A (1) Questionnaire for Judicial Officers/Advocates/Academicians
APPENDIX - A (2) Questionnaire for Police Officers
APPENDIX - A (3) Questionnaire for Medical Experts
APPENDIX - A 4) Interview Schedule for Child Wife
APPENDIX - B
Kerala Girls Marrying Below Age - 18 Years 1995-99
APPENDIX - C
Number of child wives and child widows as per 1921 census
APPENDIX - D
APPENDIX - E
THE ORIGINAL BILL
TABLE OF CASES
STATUTES
Reports and Official Documents
International Conventions
LIST OF ABBREVIATIONS
BIBLIOGRAPHY