A new report released this month by human rights organization Equality Now and the UNFPA-UNICEF Global Programme to End Child Marriage highlights critical advancements and ongoing challenges in global legal frameworks aimed at eradicating child marriage.
Titled “Towards effective laws: An analytical framework and compendium of good practices on laws and policies to address child marriage,” the report underscores India’s progressive judicial and administrative interventions while contrasting them with emerging global trends, such as the shift toward non-penal approaches in Latin America.
The report emphasizes that while setting a minimum age of marriage is a foundational step, effective legal frameworks must be comprehensive, multi-sectoral, and focused on prevention and survivor support rather than solely on criminalization.
India: Judicial Injunctions and Administrative Mechanisms
The report cites India as a prominent example of utilizing judicial and administrative mechanisms to prevent child marriages before they occur. Under Section 13 of India’s Prohibition of Child Marriage Act (PCMA), 2006, courts are empowered to issue injunctions to prevent child marriages based on complaints filed by any individual or non-governmental organization. The law notably grants Magistrates special powers to intervene and halt mass child marriage ceremonies, which are frequently organized on culturally auspicious days.
Furthermore, the report highlights India’s deployment of Child Marriage Prohibition Officers (CMPOs) under Section 16 of the PCMA. These officers are tasked with preventing marriages, collecting evidence, counseling communities, and driving awareness campaigns. Civil society organizations have successfully leveraged public interest litigation to ensure that every state and union territory in India has appointed CMPOs.
The Reality Check: Are Legal and Administrative Measures Enough?
Despite these robust legal frameworks, the report and recent judicial observations make it clear that administrative and legal measures alone are not enough to eradicate child marriage.
In its landmark 2024 judgment in Society for Enlightenment and Voluntary Action (SEVA) v. Union of India, the Supreme Court explicitly noted that "the rate of child marriages in India is alarming," pointing to systemic failures and poor implementation of the Prohibition of Child Marriage Act. Independent demographic analyses corroborate this, indicating state-level stagnation in reducing child marriage prevalence in certain regions despite the existence of the 2006 law.
The Supreme Court’s 2024 guidelines responded directly to this reality by mandating a decisive shift toward "prevention and empowerment over penalisation." The Court recognized that punitive measures alone often fail to address the underlying drivers of the practice. Consequently, it directed governments to:
- Appoint and fund exclusive CMPOs in every district, rather than assigning the role to officials with dual responsibilities (such as revenue collection), which previously diluted their effectiveness.
- Establish a centralized, online reporting portal for child marriages and hold district collectors and police superintendents directly accountable.
- Allocate dedicated annual budgets specifically aimed at preventing child marriage and supporting affected individuals.
- Integrate comprehensive sexuality education into school curricula and develop financial incentive programs to keep at-risk girls in school.
The Equality Now report reinforces this judicial perspective, stating that "laws and policies against child marriage should go beyond merely setting the minimum age of marriage and form part of a comprehensive legal and policy framework that addresses the root causes of child marriage, including gender inequality."
While India’s framework includes penal provisions, the report draws attention to a growing global consensus that criminalizing child marriage can sometimes yield unintended negative consequences, such as discouraging reporting or deterring girls from seeking support.
To illustrate alternative models, the report highlights recent legislative reforms in
Colombia and Bolivia. In 2024, Colombia passed Law No. 2447 (effective February 2025), and in 2025, Bolivia passed similar amendments, both raising the minimum age of marriage to 18 without exceptions. Crucially, both nations deliberately adopted a non-penal approach, removing criminal sanctions to avoid punishing the very adolescents the laws aim to protect. Instead, these laws focus on civil remedies, social support, and addressing root causes, such as Colombia’s creation of the national “Projects for a Decent Life” program for children and adolescents.
Harmonization and Community-Led Prevention
The report also stresses the importance of harmonizing statutory laws with customary and religious frameworks. It cites Zimbabwe as a model of good practice, where the 2022 Marriages Act prohibited marriage under 18 in all cases—civil, customary, or religious. A key factor in Zimbabwe’s success was the active engagement of traditional leaders, who were trained and appointed as marriage officers to verify age and consent, effectively transitioning them from perceived enablers to "critical collaborators in child protection."
Similarly, the report notes Cuba’s 2022 Family Code, which set the minimum marriage age at 18 without exceptions following a highly participatory legislative process that included nationwide consultations with over 6.4 million citizens. The report also briefly notes that Pakistan shares a similar preventive legal mechanism with India, allowing courts to issue injunctions under its Child Marriage Restraint Act of 1929.
A Call for Nuanced, Rights-Based Legislation
The report serves as a direct resource for lawmakers, legislative drafters, and civil society organizations. It concludes that legal frameworks must go beyond mere prohibition to be truly effective.
“Drawing on lived experiences, stakeholder perspectives, lessons learned and examples from progressive legal reforms from across the globe, this report identifies good practices in child marriage laws and policies and their implementation,” the executive summary reads. It urges nations to adopt “nuanced and comprehensive laws on child marriage, which use differentiated approaches to balance protection of children with recognising the evolving capacity of adolescents.”
As countries continue to strive toward Sustainable Development Goal target 5.3, the report makes clear that the most effective laws are those backed by dedicated funding, robust monitoring, community ownership, and an unwavering focus on addressing the socio-economic root causes that drive child marriage in the first place.
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