Journal of Underrepresented and Minority Progress
ISSN: 2574-3465 Print/ ISSN: 2574-3481 Online
Volume 1, Issue 1 (2017), pp. 93-109
© Journal of Underrepresented and Minority Progress
http://minorityprogress.org/
doi: 10.5281/zenodo.1165458
Early and Forced Child Marriages in Rural Western Nepal
Pitambar Acharya
Tribhuvan University, Nepal
Benjamin Welsh
Morgan State University, United States
ABSTRACT
This research assessed the determinants, consequences and preventive measures of early and
forced child marriage (ECM). This mixed method surveyed 167 households taking 15 % sample
from the clusters of three wards of Badhaiyatal Rural Municipality in Bardiya and Dullu
Municipality in Dailekh of Western Nepal. Besides household survey, six Focus Group
Discussions (FGDs), 16 Key Informant's Interviews (KIIs), and 12 In-depth-Interviews (IDIs)
were also conducted. There was the prevalence of ECM in 94% of the total sampled households.
Majority (64%) of the marriages had taken place at the age of 15-19 years. Besides, about 23%
of the marriage had occurred at 10-14 years. Average age at marriage was 16.5 years. Lack of
awareness, self-elopement, misuse of social media, and parents’ perception of daughters as
burden were some contributing factors of ECM. Unsafe sexual behavior, unwanted pregnancy
and its risk to unsafe abortion, maternal and child mortality, deprivation of education and selfdependence and violence were some effects of ECM. Recommendations to address ECM and
curb its negative effects are presented.
Keywords: child marriage, abortion, violence, ECM, Nepal
Marriage is the legal and socio-cultural bond between persons to live together with the role of
husband and wife. It is a vital event and fundamental right that must occur with the decision of
persons themselves. Indeed, the right to a ‘free and full’ consent to marriage is recognized by the
1948 Universal Declaration of Human Rights (Save the Children, 2014). Anything short of
mutual consent is considered human rights violation (Plan International, Save the Children &
World Vision International Nepal, 2014). Alejos (2015 cited in Dangi, 2017) mentions that
Convention on the Rights of the Child and International Conference on Population and
Development (ICPD) both made commitments to eliminate harmful traditional practices such as
child marriage and child pregnancy.
Marriage before the legal age of consent is termed ‘early and forced child marriage’
(ECM). ECM is considered a global human rights issue because it is endured by millions of
people in myriad countries around the world and because it contributes to human trafficking in
developing countries. ECM often ruins the lives of the adolescent or pre-adolescent female
victims physically and psychologically, depriving them of their childhoods, leaving them
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vulnerable to abuse and exploitation. Men who participate in ECM frequently submit their young
female-brides to emotional, domestic, and sexual violence, creating life-threatening conditions
which jeopardize their wives’ emotional, sexual and reproductive well-being and putting them at
a higher risk of exposure to STIs such as HIV. ECM also limits its victims’ life choices since a
girl’s education usually stops once married or after childbirth, ruining her chances of a vocation
or career. Thus, at the community or state level, ECM strains health care services and perpetuates
the cycle of poverty (Alejos, 2015 cited in Dangi, 2017).
Pregnancy- and birth-related complications drive the human costs of ECM even higher.
Pregnancy-related complications include uterine prolapse, a hernia-like condition involving the
uterus that can be life-threatening. Birth-related complications include infant and maternal
mortality and malnutrition of mother and child. ECM victims are also prone to post-partum
psychological problems, including depression and suicide because they are neither physically nor
mentally prepared to be mothers. ECM is a serious problem in developing countries such as
Nepal, India and Bangladesh.
According to UNFPA (2013), pregnancy and childbirth are a leading cause of death for
older adolescent females in developing countries. Adolescents who become pregnant tend to be
from lower-income households and be nutritionally depleted. Health problems are more likely if
a girl becomes pregnant too soon after reaching puberty. Adolescent pregnancies occur with
varying frequency across regions and countries, within countries and across age and income
groups. The girls who are poor, live in rural or remote areas and who are illiterate or have little
education are more likely become pregnant than their wealthier, urban, educated counterparts.
Similarly, girls from an ethnic minority or marginalized group lack choices and opportunities in
life, have limited or no access to sexual and reproductive health services and become pregnant.
Besides, a girl, worldwide, is more likely to become pregnant under circumstances of social
exclusion, poverty, marginalization and gender inequality, where she is unable to fully enjoy or
exercise her basic human rights, access to health care, schooling, information, services and
economic opportunities.
EARLY AND FORCED CHILD MARRIAGE IN NEPAL
Governmental Prevention Efforts
ECM is illegal in Nepal. The Nepali government has set the legal age for marriage at 20
years with an amendment of Civil Code (Muluki Ain). Nepal has taken ECM as a violation of
child rights. The Constitution of Nepal, in Article 39 has established as the child right against
child marriage, illegal trafficking, kidnapping and bond (Bandhak). National Policy on Children
2069 BS has opposed ECM as an obstacle to child’s right. It has emphasized the prevention of
ECM through mobilization of governmental and non-governmental partner organizations to
support the reporting and actions against child marriage. In addition, the government of Nepal
has also formulated and implemented the National Action Plan for Adolescents to reduce the
harm social practices and discrimination and bring the ECM survivors to mainstream of formal
education (MWCSW, 2016). Nepal has been signatory in various international treaties and
conventions regarding child right and ECM. Nepal has endorsed various international legal
documents like the Child Right Convention 1989, the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) 1979, International Covenant on Economic,
Social and Cultural Rights 1966, Convention against Torture 1984, Program of Action adopted
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Journal of Underrepresented and Minority Progress
at International Conference on Population and Development 1994, Beijing Declaration and
platform for action 1995 and other SAARC level documents related to the protection and
promotion of child rights. Globally, child marriage had been identified as the hindrance achieving
the Millennium Development Goals (MDGs) and the issue of eradicating child marriage has been
included in the agenda of Sustainable Development Goals (SDGs), 2016-2030 with high priority.
Nepal is also serious towards it (MWCSW, 2016).
Nepali ECM Continues
Despite prevention efforts of the government, the prevalence of ECM is very high in
Nepal. Nepal is in the third position after India and Bangladesh when it comes to ECM.
According to the 2011 census, more than 750,000 Nepali girls were married between 10 and 14
years of age. Two out of 10 women of age 15-49 years were first married before the age of 15
and five out of 10 women aged 20–49 years were first married before the age of 18. 41% of
Nepali girls are married before the age of 18 (NDHS, 2011) where 73% are married by 19 years
old. ECM varies between regions to some extent. 53% of child marriage happens in Midwest
Nepal where concentrations of Dalits, Muslim, Madheshi and Tharu, among other marginalized
populations, are found. There, more girls are married before 18 years because of hypermasculinefriendly socio-cultural values, gender discrimination, persistent poverty, illiteracy etc. (Ministry
of Women, Children and Social Welfare [MWCSW], 2016; Aawaaj, 2016). Fertility and
childbirth statistics in Nepal follow a similar regional profile.
17% of Nepali girls and young women between the ages 15-19 are reported as
bearing children (NDHS, 2016). And, the proportion of teenagers who are bearing children rises
rapidly with age, from 2% at age 15, to 36% at age 19. Rural teenagers tend to start childbearing
earlier than urban teenagers. The fertility rate for young women aged 15-19 is 125 per thousand
(12.5%), where the fertility rate for young women aged 20-24 years is 209 per thousand (20.9%)
in rural areas of Nepal (Ministry of Health, Nepal; New ERA; and ICF, 2017).
Recent Prevention Efforts
Needless to say, the Nepali government is gravely concerned by the ongoing prevalence
of ECM and its consequences, in spite of the intensive efforts to reduce it. Besides the Children’s
Rules, 1995, specifically entrusts the Central Child Welfare Board with the duty to identify
measures to eliminate child marriage and encourage and support the appropriate government
agencies and non-governmental organizations to implement those measures. Similarly, the Local
Self Governance Act, 1999, obligates local-level governance bodies to adopt necessary programs
for the protection of women and children with allocation of at least 10 percent of their budgets
for programs and projects that may be used in formulating specific programs to end child
marriage in Nepal (The Centre for Reproductive Rights, 2016).
Nepal has also adopted the National Strategy to End Child Marriage in Nepal, 2016. It
provides detail policy to promote legal accountability with the vision of 'child marriage-free
Nepal' and aim to end child marriage by 2030. Taking a multi-sectoral approach to end child
marriage, the Strategy incorporates six pillars, namely: empowerment of girls and adolescents;
quality education for girls and adolescents; engaging boys, adolescents, and men; mobilizing
families and communities; access to services; and strengthening and implementing laws and
policies. Effective implementation and reform of existing legal provisions on child marriage is
one of the objectives of the Strategy maintaining international human rights standards (The
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Centre for Reproductive Rights, 2016). Besides, NPC (2017), under the sub-heading 'Children
and Adolescents' in the Fourteenth Plan, has focused on the extension of awareness program up
to community level to create awareness against early marriage, child marriage and forced
marriage. CBS (2016), in its NMICS Report, mentioned that the situation calls for investments
in girls through giving them access to education and health services, developing their social and
economic assets and ensuring that they can postpone their marriage until they are ready (UNFPA,
n. d.).
It seems that Government of Nepal has taken the issue of ECM seriously; however, there
are some gaps in prevailing other laws, policies and their effective implementation. Therefore,
child marriage is gaining its continuum in Nepal despite the constitutional guarantees and legal
prohibition due to ineffective implementation of existing laws prohibiting the practice, normative
gaps and inconsistencies, continuing impunity for the guilty parties and lack of access to justice
for victims. Therefore, failure to report cases of child marriage, poor knowledge of the law and
legal age of marriage, lack of harmonization between relevant laws, limited knowledge among
law enforcement agencies about their roles, lack of legal accountability for not taking required
actions, limited prosecution of child marriage, lack of support mechanisms for victims are some
existing challenges in law enforcement that need to be addressed to ensure the state accountability
for ending impunity regarding ECM (The center for Reproductive Right, 2016).
This Study: ECM in Nepal Today
This study "Early and forced child marriage in rural western Nepal" has been conducted
in order to assess the situation of ECM, determinants, consequences and the preventive measures.
It is hoped that this study will provide bench mark data/information for the government and nongovernment sectors in order to implement the project and its monitoring regarding ECM. It can
help to frame the baseline and end line data for a project related to ECM. This research can be
used as reference by policy makers, I/NGOs and amateur academics who want to work and study
in the domain of ECM and child protection. This research report can be useful to local
government authority, right activists as well as gender advocates.
LITERATURE REVIEW
Davis and Blake (1956 cited in Bhende, & Kanitkar, 1994) stated marriage as one of the
"intermediate variable" of fertility. They included age at marriage as the age of entry into sexual
union. Similarly, the Bongaart's model (1978, 1982) is a tool for examining the relative
contribution of each of the four factors to the inhibition of fertility from its theoretical maximum.
It is an aggregate fertility model describing the relationship between fertility and the four
principal proximate determinants: marriage; contraception; induced abortion; and postpartum
infecundability (or postpartum insusceptibility) (UNFPA, n.d.). In this way, age at marriage is
one of the important determinants of the fertility.
‘Early marriage’ describes a marriage that occurs prior to the age of marriage recognized
by law and the term ‘forced marriage’ implies the lack or incapacity to give consent on the part
of child contracting party to marriage, due to minority. Often times rooted in a society’s culture
that attaches a great value to the virginity and chastity of women. The desire to protect the purity
of girls forms another major cause of marriages at young age because the religious scriptures
sanction that a girl can be married with proper rites only when she is a virgin. Among Brahmins,
a father who could not marry his daughter before pre-puberty was believed to commit a sin
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(Vandana, 2017). Early marriage results the unwanted pregnancy and childbirth. According to
UNFPA (2013), pregnancy and childbirth are the leading causes of death for older adolescent
females in developing countries. The girls who are poor, live in rural or remote areas and who
are illiterate or have little education more likely become pregnant than their wealthier, urban,
educated counterparts. Besides, a girl, worldwide, is more likely to become pregnant under
circumstances of social exclusion, poverty, marginalization and gender inequality, where she is
unable to fully enjoy or exercise her basic human rights, access to health care, schooling,
information, services and economic opportunities.
Jensen and Thornton (2003) maintained that many women in the developing world were
subject to marriage at an early age. These disenfranchised women often lacked any say in the
choice of their marriage partners. The incidence varies widely, from a high of 70% in south Asia
to a low of 30% in South East Asia. Women who marry young tend to have less education and
begin childrearing earlier and have less decision-making power in the household. They are also
more likely to experience domestic violence. Similarly, according to UNFPA (2013), in every
region of the world, impoverished, poorly educated and rural girls are more likely to become
pregnant than their wealthier, urban, educated counterparts. Girls who are from an ethnic
minority or marginalized group, who lack choices and opportunities in life, or who have limited
or no access to sexual and reproductive health, including contraceptive information and services,
are also more likely to become pregnant. Every year in developing countries, 7.3 million girls
under the age of 18 give birth. Most (95%) of the world’s births to adolescents occur in
developing countries.
Raj, Saggurti, Balaiah, and Silverman (2009) mentioned that child marriage is a
substantial barrier to social and economic development and a primary concern for women's
health. They assessed the prevalence of child marriage (before 18 years) in young adult women
in India, and the associations between child marriage and women's fertility and fertility-control
outcomes. Data from the National Family Health Survey-II (2005–06) were limited to a sample
of Indian women aged 20–24 years (n=22, 807), of whom 14,813 had been or were ever-married.
Prevalence of child marriage was estimated for the whole sample. About 44·5% of women aged
20–24 years were married before age 18 years, 22·6% were married before age 16 years, and
about three percent were married before age 13 years.
Choe, Thapa and Mishra (2005) examined age patterns of first marriage and motherhood
and covariates of early marriage, delayed consummation of marriage and early motherhood in
Nepal using data from the 2000 Nepal Adolescent and Young Adult Survey (NAYA). Both
unmarried and married male and female youths (age 14–22) were included in the survey. The
analysis was based on 2800 urban youths and 5075 rural youths with complete information on
the variables examined. As per the survey, the early marriage and early motherhood are quite
common among Nepalese women, especially in rural areas with the need to focus on less
educated female youths in the Terai region to reduce the reproductive health risks associated with
early marriage and childbearing.
Using large-scale youth surveys conducted in Indonesia in 1999 and in Nepal in 2000,
Choe, Thapa and Achmad (2001) examined age patterns of marriage and motherhood for males
and females, and factors associated with the pace of marriage and pace of motherhood in these
two countries. Early marriage before age 18 among females is common in rural Indonesia and in
both urban and rural areas of Nepal. According to them, majority of rural Nepalese females marry
before age 18 and child marriages (before age 15) are common in Nepal. In Nepal, 17% of urban
females and 26% of rural females marry before age 15 but in Indonesia, only two percent of
urban females and eight percent of rural females do so. In Nepal, the background factors affect
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females’ pace of marriage and pace of motherhood somewhat differently. Females with primary
level education are marrying at much slower pace than females with no education. The effects of
ecological region (Terai vs. Hill) and development region are much stronger on the pace of
marriage than on the pace of motherhood.
Gautam (2013) conducted a research on "Age at marriage and fertility in Tharu
community" in Bardiya with the objective of identifying the pattern of age at marriage and
fertility level in Tharu women. She interviewed purposively sampled 104 women there using
interview schedule. She found that nearly 83% of the respondents got married at the age of 1519 years. The mean age at marriage was 16.6 years. Similarly, Dangi (2017) conducted a study
on "Early pregnancy and its effects on maternal and child health of Dalit community in Bardiya
with the aim of identifying the effect of early pregnancy on maternal and child health of Dalit
community. He interviewed randomly selected 106 respondents using structured interview
schedule. He found that 62% of the respondents got married at the age of 17-18 years. Majority
(71%) of the respondents had faced reproductive health problems due to early pregnancy.
METHOD
This study is based on mixed method as both qualitative and quantitative methods had been used
to obtain required data/information. Besides, it follows the descriptive study design. In Bardiya,
Tharu, Madhesi and Muslim community were selected. Similarly, in Dailekh, Dalit, Janajati and
a cluster of Brahmin/Chhetri community had been selected. The households were sampled from
the clusters of three wards of Badhaiyatal Rural Municipality in Bardiya and Dullu Municipality
in Dailekh for household survey. Total 167 households (66 households from Dailekh and 101
households from Bardiya) had been randomly selected at 15% sampling from 1110 (439 in Dullu,
Dailekh and 671 in Badhaiyatal, Bardiya). Nepa, Chhiudi and Gamaudi from Dullu Municipality
in Dailekh and Jamuni, Sorhawa and Mainapokhar from Badhaiyatal Rural Municipalty in
Bardiya were the study area of this research.
In terms of qualitative work, key stakeholders, adolescents and right holders were
selected for total three Focus Group Discussions (FGDs) in each district. For key stakeholder,
police, health personnel from Health Post (HP), teachers from school, School Management
Committee (SMC), ward secretary, local authority, Village Child Protection Committee (VCPC),
community mediation centre, Social Mobilizer (SM), Female Community Health Volunteer
(FCHV) were selected for the purpose. For adolescents, six boys and six girls were selected from
each district. Similarly, members from Citizen Awareness Centre, Mother’s Group, Child Club,
Youth Club, political party and religious persons were taken as the participants of FGD with right
holders. Finally, eight Key Informants’ Interviews (KIIs) had been conducted with the district
level key stakeholders on ECM from each district. They were from District Police Office (DPO),
District Coordination Committee (DCC), District Women and Children Officer (DWCO), Child
Protection Officer (CPO), District Public Health Officer (DPHO), District Education Officer
(DEO), District Attorney’s Office and Child Helpline Agency.
A detailed Household Interview Schedule had been developed for collecting quantitative
data. Similarly, detailed checklists had been prepared for qualitative data collection regarding
FGD with local key stakeholders, adolescents, and right-holders, KII with district level
stakeholder and In-depth Interview (IDI) with early/forced child marriage (ECM) survivors.
While preparing the tools, closed discussion with the senior staff of Aawaaj (an NGO in Surkhet
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working for child right) had been conducted. All the tools had been developed both English and
Nepali for the convenience of field work and reporting purposes.
Four Research Assistants, working in the field of child right and child marriage and
having sound prior experience on child marriage and child right as well as field survey, had been
deputed for assisting field work of household survey, FGD, KII and IDI. The Household survey
data had been entered in the computer in SPSS program. Then the data were tabulated and
calculated using SPSS and MS Excel program. Besides, the qualitative reporting was done on
the basis of content analysis. Based on the outputs of the analysis of both qualitative and
quantitative data this research article has been prepared.
RESULTS AND DISCUSSION
Universality of marriage still prevails in Nepal and child marriage seems to be persistent in the
country. Based on the household survey of this study, 94% of the respondents reported that there
had the prevalence of case of ECM in their household. According to FGD with local stakeholder,
there is high prevalence of ECM in Bardiya especially in Madhesi community. In Bardiya, child
marriage has been occurring in especially in the age of 16-18 years, but it ranges 13 years to 18
years. Similarly, in Dailekh, there is high prevalence of ECM especially, in Dalit and
economically poor community. There is a case of abortion at age of 15 at sub-health post in
Dailekh. Sometimes ECM is seen also at age of 10 in Dailekh.
As per the FGD with adolescents, there is prevalence of ECM as about 30% of the
adolescents are married in Bardiya and about 35% in Dailekh. Mostly girls are married at the age
of 14and boys at the age of 16/17 years in the community. Similarly, according to FGD with right
holders; there is the high prevalence of ECM in Bardiya. Self-elopement is very popular.
However, arrange marriage is prevalent in Madhesi and Muslim community.
Age at Marriage
In the study area, majority (64%) of the marriage (N=766) had taken place at the age of
15-19 years for the household population of 10 years and over. Besides, about 23% of the
marriage had occurred at 10-14 years. Similarly, 10% of the marriage had happened at 20-24
years. Merely about two percent of the marriage had taken place at 25 years and over. In this
way, nearly 89% of the marriage had taken place by 19 years for the population whose current
age is 10 years and over. Average value of age at first marriage is 16.5 years.
Table 1. Age at First Marriage (10 years and over)
Age at first marriage
(in Years)
Male
Female
Total
No.
Percent
No.
Percent
No.
Percent
Under 10
2
0.6
11
2.6
13
1.7
10-14
54
16.3
122
28.1
176
23.0
15-19
209
63.0
280
64.5
489
63.8
20-24
53
16.0
21
4.8
74
9.7
25 and over
14
4.2
0
0.0
14
1.8
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Journal of Underrepresented and Minority Progress
Male
Female
Total
Age at first marriage
(in Years)
No.
Percent
No.
Percent
No.
Percent
Total
332
100.0
434
100.0
766
100.0
Comparing the data sex wise, about 16% of the male and 28% of female were found
married at the age of 10-14 years. About 65% female and 63% of the male had married at the age
of 15-19. Comparatively the share of male for early marriage is rather lower than female.
Age at Marriage by Caste
Out of 128 Brahmin/Chhetri persons, 17% were married at the age of 10-14 years, about
56% in 15-19 years and 20% in age 20-24 years. Similarly, among 125 Dalit, 81% of marriage
had taken place in 15-19 years. In addition, about 10% had married in 10-14 years. Only nine
percent marriage had taken place at 20-24 years. Among 127 Tharu, 83% marriage had occurred
in 15-19 years and seven percent in 10-14 years. Just 10%had married at 20-24 years.
Among 92 Janajati (hill) persons, 64% marriage had taken place in 15-19 years and 16%
in 10-14 years. Similarly, 13% marriage had taken place in 20-24 years and just about five percent
in 25 and over. Among 170 Madhesi persons, four percent had married in less than 10 years, 39%
in 10-14 and 52% in 15-19 years. In this way, 96% marriage had taken place by age of 19. Finally,
in 124 Muslim persons, about three percent marriage had taken place in less than 10 years, 41%
in 10-14 years and 51% in 15-19 years. It means 95% of the marriage had taken place by age of
19 in Muslim community. Just five percent of the marriage had place after 20 years in that
community. In this way, Just 26.5% Brahmin, about nine percent Dalit, 10% Tharu, about 18%
Janajati (hill), four percent Madhesi, and five percent Muslim people had been married at the age
20 years and over (Table 2).
Age at Marriage by Education
For 'under 10' years of age at marriage, illiterate persons share highest (46%). For 1014 years, total of basic literate and basic level educated persons share highest (71%). For illiterate
and basic literate persons, the highest share of marriage had taken place less than 10 and 10-14
years. For 15-19 years, basic level educated persons had highest concentration (44%). Detail has
been shown in Table 3.
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Table 2. Age at First Marriage by Caste of Population (10 years and over)
Caste
Brahmin/Chhetri
Dalit
Tharu
Janajati (Hill)
Madeshi
Muslim
Total
Age at first marriage
Under10
No.
1
%
.8%
No.
0
%
.0%
No.
0
%
No.
%
No.
%
No.
%
No.
%
.0%
1
1.1%
7
4.1%
4
3.2%
13
1.7%
10-14
22
17.2%
12
9.6%
15-19
71
55.5%
102
81.6%
25
&
20-24
over
Total
26
8
128
20.3%
6.2%
100.0%
11
0
125
8.8%
.0%
100.0%
9
105
13
0
127
7.1%
15
16.3%
67
39.4%
51
41.1%
176
23.0%
82.7%
59
64.1%
89
52.4%
63
50.8%
489
63.8%
10.2%
12
13.0%
7
4.1%
5
4.0%
74
9.7%
.0%
5
5.4%
0
.0%
1
.8%
14
1.8%
100.0%
92
100.0%
170
100.0%
124
100.0%
766
100.0%
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Journal of Underrepresented and Minority Progress
Table 3. Age at First Marriage by Education of Population (10 years and over)
Educational status
Illiterate
Basic literate
Basic level (1-8)
Secondary
Bachelor
Master
Total
Age at first marriage
Under10
10-14
15-19
20-24
25 & over
Total
No.
6
47
81
8
3
145
%
46.2%
26.7%
16.6%
10.8%
21.4%
18.9%
No.
5
63
124
11
3
206
%
38.5%
35.8%
25.4%
14.9%
21.4%
26.9%
No.
2
62
217
26
2
309
%
15.4%
35.2%
44.4%
35.1%
14.3%
40.3%
No.
0
3
60
23
4
90
%
.0%
1.7%
12.3%
31.1%
28.6%
11.7%
No.
0
1
5
4
2
12
%
.0%
.6%
1.0%
5.4%
14.3%
1.6%
No.
0
0
2
2
0
4
%
.0%
.0%
.4%
2.7%
.0%
.5%
No.
13
176
489
74
14
766
%
100.0%
100.0%
100.0%
100.0%
100.0% 100.0%
Contributing Factors of ECM
There is no single factor that contributes the early and child marriage. A wide range of
factors place girls at risk of child marriage. The persistence of gender inequality and social norms
that value women less and consider them to belong to their husband’s family, the ineffective
implementation of existing legal provisions prohibiting child marriage, and barriers in accessing
legal remedies can be taken major ones. Similarly, parents decide to marry their daughters at an
early age because marriage is viewed as a means to protect girls from sexual violence and
premarital sexual relations, ward off any perceived dishonor to the family that may be caused by
inter-caste marriage and restore a sense of family honor in cases of sexual violence. Besides,
parents often arrange child marriages with the intention of reducing the financial burden on the
family as lower dowry is expected for younger brides, particularly in communities living in the
Terai region (Centre for Child Right, 2016).
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Journal of Underrepresented and Minority Progress
Poverty and self-elopement as the cause of ECM
Ms Tharu, 20, from Bardiya, reported, "When I was studying in 9th grade in a school, I fell in love with
a boy. We were neighbors and were studying in the same school. As we were young (I was 15 years),
we married with self-elopement because of the fear that parents might not accept our marriage at that
age. The main cause of our ECM was the love and the weak financial condition of my home".
Dowry as the cause of ECM
Mr. Shekh, 23, from Bardiya, told "Most of the marriage takes place in 16-18 years in this community
because of fear of increase of dowry with the increase of age of girls."
In the response to the cause of ECM, about 93 % of the household respondents mentioned
'lack of awareness'. About three-fifth of them reported 'imitation' as the cause. As the love
marriage (self-elopement) is popularly prevalent in the study area, 54 % of the household
respondents reported it as the cause of ECM. Similarly, 35% mentioned ICT media (mobile and
internet) as its cause. Other causes were low-economic level (reported by 32%), religious cause
(reported by 28%) and the guardian's pressure (reported by 22%). In this way, we can infer that
there are various determining factors of the ECM.
Because of the lack of awareness on the effects of ECM, its legal provision, child right
and reproductive health, most of the cases of ECM have been occurred. According to adolescents
in the FGDs, love affair and love marriage, imitation, taking the girls as financial burden, sociocultural tradition in Madhesi community to take early marriage of the daughter as sacred task,
family pressure and thinking of sister-in-law (Buhari) as free labor are some causes of ECM.
Besides, due to unstable mental and psychological state of persons during adolescence period,
they emotionally decide to marry when they like their partners with the attraction of tie with welloff family. Similarly, lover's pressure, mobile, peer pressure, Face book, parents/grand-parents
are also other contributing factors of ECM. Participants of FGD with right-holders and local
stakeholders had also reported similar causes. Participants of FGD with right-holders also
mentioned similar causes. Besides, they mentioned that violent behavior of parents and lack of
love and affection to children in the family can also be taken as other determining factor of ECM.
In terms of responsible person for ECM, a question "Who are the responsible person for
ECM in your family/community?" had been asked to household respondents in the survey. About
68% respondents mentioned father and mother as responsible persons for ECM. Similarly, 56%
blamed the self-elopement for ECM. Besides, 39% told that the lovers (males or females)
themselves were responsible for ECM. Some (29%) saw the friend as the responsible for ECM.
Similarly, on the question, "Who must have the right to decide about the marriage and its age?"
most (67%) of the respondents reported that the father must have the right for it. There is the
predominance of male in authority of household because just about one-tenth of them told that
mother deserves the right for it. About one-fifth of them had mentioned the marriage must be
decided by the person own-self. Rest 80% could not mention right person to decision about it. It
shows that there is lack of proper knowledge in the community people regarding marriage and
its main deciding person (Chart 1).
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Percentage of respondents on right to decision about marriage
70.0
66.5%
60.0
50.0
40.0
30.0
19.8%
20.0
12.0%
10.0
1.8%
0.0
Father
Person own-self
Mother
Relatives
Figure 1. Percentage of Respondents on Right to Decision on Marriage
Similarly, proper knowledge on the legal provision regarding the marriage is necessary
for the community people. As per the respondents of Household Survey, only 29% could report
the correct legal age at marriage that must take place 20 years onward in Nepal. Rest 71% of
them could not mention it correctly. In addition, majority (60%) of them had heard about
punishment regarding ECM. They knew the activity of ECM is punishable. However; they had
no idea about the detail legal provisions on ECM. Rest 40% had not heard about it. It means that
the community people need the legal awareness on ECM.
Effects of ECM
As per the FGD with adolescents, ECM survivors had been facing various RH problems:
tearing vagina, heavy bleeding, prolonged labor, UP, risk of life, lack of adequate breast-milk
and problem in child care. Similarly, they also suffer from unsafe sexual behavior, unwanted
pregnancy, STIs, violence affecting on sexual organs. Similarly, low birth weight, vulnerable to
infection and impaired physical and mental development and morbidity of children can also be
the effect of ECM.
Case Study: Loss of educational opportunity and morbid child due to ECM
Sita B. K. (name changed), 21, from Dailekh, was forcefully taken by a boy in his home for the purpose
of marriage at the time of 17 while studying in grade 9. She wanted to continue the study and did not
want to get married at that time and person. However, her mother accepted that event and convinced
her father although he was opposing at first. Despite her strong desire to pursue the study, she could not
do it because of child birth at 18 and family workload thereafter. The first child had low birth weight
(2kg) and became morbid till two years.
As per the FGD with right-holders, there are various effects of ECM. The person at
individual level, experiences the lack of continuity in education, lack of affection, scolding in
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Journal of Underrepresented and Minority Progress
trivial matter, effect in reproductive health, effect in physical growth and development,
possibility of polygamy, risk of life of mother and child, risk of suicide, unwanted pregnancy,
unsafe abortion and unemployment. At family level, it creates economic burden, irresponsible
with family, tension, family conflict, quarrel, and feeling of no cooperation due to dowry related
causes. Similarly, at community level, unnecessary interest to others' affair, deprivation of love
and education of children affect the social dignity.
In order to assess the knowledge of respondents at household level, they were asked
about the effects of ECM. Most (87%) of them reported that the health-related problem is
emerged due to ECM. Similarly, 86% of them took risked pregnancy as its effect. Besides, 65%
reported the workload that the ECM survivors have to face. About 44 % of them reported the
effect as school dropout. Deprivation of opportunity and lack of opportunity for economically
self-dependent was reported by about 36% and 29% respectively. In this way, there are various
effects of ECM.
Out of 167 respondents, 11% mentioned that the maternal mortality had occurred in their
household. Main cause was bleeding. Similarly, there was occurrence of child mortality in about
17% household within last five years as per the household respondents. Out of the total
occurrence of child mortality, three-fourth (75%) had occurred at the age of 15-19 years of
mothers. On the question, "Did any woman experience miscarriage in this family within last five
years?" 35% of the respondents mentioned 'Yes'. Out of that, 85% of the miscarriage had
occurred at the age of 15-19 years. Rest (15%) was in 20 years and beyond.
In terms of violence, most (79%) of the respondents mentioned that domestic violence
occurs due to ECM. Similarly, some (73%) reported denial of resources whereas 71% told mental
torture as the effect of ECM. About one-fourth of them reported sexual violence can be cased
due to ECM. Other kinds of violence like physical violence and trafficking reported by 17% and
14% respectively. Just about two percent (3 persons) reported that any kind of the violence had
not occurred in their household. A respondent mentioned that denial of house could be seen after
quarrelling as the effect of ECM. In this way, there is the rare chance of educational continuity
of the ECM survivors in the community as per the knowledge of household respondents because
the survivors have to get earning to manage their family. It further deteriorates the socioeconomic status of ECM survivors and their children.
Measures to prevent ECM
There can be various measures to prevent ECM on the basis of place, time and situation.
During FGD with right holders in Bardiya, a member of Mother's Group told, "There is little
practice of information before the marriage or in the process of marriage and we are just
informed in the marriage ceremony or the formalization of marriage. If the family members
inform us before the formal process of marriage, we counsel the cases and family members not
to formalize the marriage."
Similarly, ECM survivor Ms Tharu, (Badhaiyatal, Bardiya) during the in-depth interview
told,
In order to control ECM, there must be strict legal action and
effective implementation of law. Besides, the awareness
program in school and community is necessary. Though I
married at the age of 15, I suggest others avoidance as it is a
legal crime and it also curtails pursuing of the study. The child
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protection program and compulsory schooling can also support
the eradication of ECM.
In order to eradicate/prevent ECM, it is necessary to increase awareness. According to
Household Survey, about 63%of the total respondents favored this measure. About 22% reported
strong legal provision and implementation for preventing ECM because there is no hard
punishment and effective implementation. Inclusion of ECM in school education and child
protection program was reported by 11% and about three percent of the respondents respectively.
In FGD, the local stakeholders emphasized the role of Village Child Protection
Committee (VCPC) members to counsel to prospective cases of ECM in home and community.
Besides, they pointed the role of guardians should convince their children against ECM, its
effects and the legal process regarding it. Community people could avoid the marriage ceremony
of ECM to discourage it and can inform to Police.
In this way, as per the FGD, IDI and KII, IGA to households’ people, mass awareness,
strict implementation of law, parenting education, life skill education, formation and
empowerment of local level structure with involvement of the local stakeholders and right
holders are some important measures to control ECM. Besides, compulsory education up to 12
grade before marriage, controlled access of mobile to children, peer education with involvement
of ECM survivors, establishment of local level information center, empower and mobilize clubs
and VCPCs can also be conducted.
Case Study: A good father can be a 'Role Model' against ECM campaign
Ms Thapa, a 17-year student of class ten, is from Dullu -10, Dailekh. She got married at age of 16 as
self-elopement without the consent of her parents; however, her parents are caring her in their own home
along with her husband and supporting their education. Due to her young age, still her parents do not
want to manage formal marriage ceremony.
Her father told that, “I would arrange the marriage of my daughter at age of 20, after her completion
of school. As our Gurung culture, there is the right to marriage with or without the consent of parents
called “Mama Cheli and Fupu Chela. My nephew and my daughter got married according to our
culture as well as with their interest”. And he added more; “However, I will care both of them at my
own house and send my daughter only after formal marriage ceremony after age of 20 Because ECM
is social crime and we have to stop to it".
Case Study: At the age of 22 years, total six births out of which two died
Maina Kalawar (name changed), 22, is one of the characters in a community of Bardiya. She was born
as second daughter in a very poor family with very small land just for small hut. Her parents gave birth
to a son after five daughters. In order to maintain the means of surviving, her father had a small tea and
sweet shop. For the sake of escaping from the burden of guardianship due financial problem, her father
arranged the marriage of her elder sister at the age of 15 and sent India. After some months of elder
sister's marriage, he also arranged Maina's marriage while she was 13 and studying in grade two nearby
primary school. He further arranged marriage of another younger sister. In this way, he arranged
marriage of her daughters in a very early age even within a very short span. He, then, died of heartattack. However, her mother had not got marriage registration and citizenship certificate. In that
situation, one of her neighbors threatened and captured their land making the registration in own name.
In that very critical situation, her mother went her maternal home to India taking Maina's two sisters
and a brother.
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When Maina got married at the age of 13 with a boy of 15 studying in grade five, she reached her
husband's home, where her husband had six brothers. Her husband was second son of his parents.
Therefore, she had huge work burden of that joint family. She experienced violence from her husband,
parents-in-laws and elder sister-in-law when she could not complete the drudgery. Despite this, she
became pregnant after three months of her marriage but her first pregnancy termed at fetal death. Out
of her six pregnancies at the age of 22 years, she lost two due to pregnancy at the very young age, lack
of adequate birth spacing and proper care. Due to the lack of proper care and nutritious diet, her children
are malnourished. Consequently, she also looks very weak and pale despite her young age of 22.
CONCLUSION
Despite the declaration of 'literate district', illiteracy existed significantly in the study districts
with higher share in female. Predominance of joint family and higher share of population with
agricultural dependence for source of family income was found in the sampled households. Lack
of own cultivable land and inadequacy of yielding caused the poverty in the sampled households.
Firewood was main source of fuel. Very nominal share of household had RCC building and
access to piped water.
Most of the household respondents had reported that their household had early and child
marriage (ECM) ranging from 13-18 years. Majority (64%) of the marriage had taken place at
the age of 15-19 years for the population of 10 years and over as mean age at marriage was 16.5
years. Dalit, Madhesi and Muslim community had high prevalence of ECM due to illiteracy and
poverty. There was close relationship with level of education and the prevalence of ECM. The
higher the level of education, the lower was the prevalence of ECM.
Lack of proper awareness about legal provision regarding marriage and the negative
effects of ECM, it is prevalent. Similarly, there is the low prevalence of marriage registration.
Besides, misuse of ICT media (mobile and Internet), self-elopement, imitation, taking the girls
as burden, socio-cultural tradition in Madhesi community on early marriage of daughter as sacred
task and less burden of dowry, family pressure, taking sister-in-law (Buhari) as free labor are
some causes of ECM. Similarly, lover's pressure and decision of parents/grandparents are also
other contributing factors of ECM.
Because of ECM, the survivors were facing various RH problems: tearing vagina, heavy
bleeding, prolonged labor, UP, lack of adequate breast-milk and problem in child care as well as
maternal and child mortality. Similarly, they also suffer from unsafe sexual behavior, unwanted
pregnancy, unsafe abortion, STIs, domestic and sexual violence affecting on sexual organs. At
family level, it creates economic burden, family conflict, quarrel, and feeling of no cooperation
due to dowry related causes.
On Preventing ECM various measures like mass awareness, strict implementation of law,
parenting education, life skill education, income generating activities (IGAs) to household
people, the formation of local level structure with involvement of the local stakeholders and right
holders, compulsory education up to 12 before marriage, control access of mobile to children can
be taken. Besides, peer education, establishment of local level information centre, empower and
mobilize clubs and VCPCs had also been reported as other measures. Therefore, the case of ECM
needs the attention of the policy maker.
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AUTHOR NOTE
This article is based on the baseline survey on Combating early/forced child marriages in rural
Bardiya and Dailekh Mid-Western Nepal, 2017 conducted by the author for Aawaaj (An NGO
in Surkhet, Nepal).
PITAMBAR ACHARYA is a lecturer at Tribhuvan University in Nepal. As an experienced
teacher and contributor, he has authored articles in various journals and magazines in addition to
school and college level textbooks and reference books. He has also served as a teacher trainer
in ICT, pedagogy, and HPE education. In addition, he has handled half a dozen research works
on impact studies and baseline studies as a consultant. His areas of interest include reproductive
health, gender, and higher education.
BENJAMIN H. WELSH, Ph.D. is an associate professor of higher education and urban
educational leadership at Morgan State University. Dr. Welsh joined the faculty of Advanced
Studies, Leadership, and Policy at Morgan State University in the spring of 2009. Prior to that,
he served as assistant professor of educational foundations at Ball State University. Related
positions that he has held include developmental English instructor at the Community College of
Philadelphia, English teacher at Bartram High School in Philadelphia, and ACT Coordinator at
the Philadelphia Job Corps Center. His dissertation focused on the research methods of the early
educational researchers who were part of Stanford University’s founding faculty circa 1890.
What he uncovered was a eugenic ideology that appears to have been transmitted directly from
the research methods into the fabric the American public-school system. Other teaching and
research interests include white studies, multicultural education, the history of education, analytic
philosophy of education, and the long-term impact of eugenics on our public schools.
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