Defining Girlhood in India

2019 ◽  
Author(s):  
Ashwini Tambe
Keyword(s):  
Legal History ◽  
Population Control ◽  
Well Being ◽  
Early Marriage ◽  
Child Marriage ◽  
Marriage Age ◽  
The World ◽  
National Reputation ◽  
Sexual Choices ◽  
Age Of Marriage

At what age do girls gain the maturity to make sexual choices? This question provokes especially vexed debates in India, where early marriage is a widespread practice. India has served as a focal problem site in NGO campaigns and intergovernmental conferences setting age standards for sexual maturity. Over the last century, the country shifted the legal age of marriage from twelve, among the lowest in the world, to eighteen, at the high end of the global spectrum. Ashwini Tambe illuminates the ideas that shaped such shifts: how the concept of adolescence as a sheltered phase led to delaying both marriage and legal adulthood; how the imperative of population control influenced laws on marriage age; and how imperial moral hierarchies between nations provoked defensive postures within India. Tambe's transnational feminist approach to legal history shows how intergovernmental debates influenced Indian laws and how expert discourses in India changed UN terminology about girls. Ultimately, the well-meaning focus on child marriage became tethered less to the well-being of girls themselves and more to parents' interests, population control targets, and the preservation of national reputation.

scholarly journals Gender Equality: Challenges toward Efforts to Minimize Child Marriage in Indonesia during the Covid-19 Pandemic

2021 ◽  
Vol 10 ◽  
pp. 1555-1566
Author(s):  
Sonny Dewi Judiasih ◽  
Nyulistiowati Suryanti ◽  
Sudaryat Sudaryat ◽  
Deviana Yuanitasari
Keyword(s):  
Gender Equality ◽  
Gender Inequality ◽  
Sharp Increase ◽  
Research Method ◽  
Child Marriage ◽  
Marriage Age ◽  
The World ◽  
Women And Girls ◽  
The Government ◽  
Age Of Marriage

The practice of child marriage in Indonesia is a serious problem that must be resolved. This is a problem faced in various countries in the world. The SDG's programs include achieving gender equality and empowering women and girls, with a target to achieve the abolition of child marriage by 2030. The research method used is a social-legal approach. The purpose of this study is to find out the government's efforts in overcoming the problem of gender inequality in the age requirements for marriage in Indonesia and the application for dispensation for marriage during the Covid-19 pandemic in Indonesia. The old Marriage Law stipulates that the age of marriage for men is 19 years and for women 16 years. The government then changed this provision through Law Number 16 of 2019 concerning Marriage, in which the marriage age for men and women is the same, which is 19 years. During the Covid-19 pandemic, applications for marriage dispensation in Indonesia indicated a sharp increase. This means that the application for marriage dispensation is unaffected by the Covid-19 pandemic situation. The existence of exceptions through dispensation efforts makes the requirements for the age of marriage can still be deviated, so that gender equality, which is expected to minimize child marriages above, cannot be realized or cannot be carried out as desired.

Population Control and Marriage Age in India, 1960–1978

2019 ◽  
pp. 101-120
Author(s):  
Ashwini Tambe
Keyword(s):  
Population Growth ◽  
Indian Population ◽  
Population Control ◽  
Early Marriage ◽  
Marriage Age ◽  
Life Chances ◽  
Forced Sex ◽  
The Future ◽  
1960S And 1970S ◽  
Age Of Marriage

Chapter 5 examines how the age of marriage in India was finally raised in the 1970s to 18 years for girls. It describes how worries about population control drove the change, and it traces the prominent role that India and Indian experts played in demographic writing in the 1950s, 1960s, and 1970s. It demonstrates how closely aligned Indian population control policies were with the intellectual positions of the international population control establishment: Indian demographers treated the age of marriage as a technocratic measure aimed at reducing population growth rather than a measure focused on expanding life chances and preventing forced sex for girls. A shift occurred from an overwhelming focus on potentially vulnerable girls to potentially overfertile girls who could be threats to the future of the nation. This chapter explains why Indian feminists were not at the forefront of the 1978 measure raising the age of marriage. It is one more reminder of how the seemingly well-meaning focus on early marriage among girls is tethered to interests that have very little to do with girls themselves.

scholarly journals Women's Sexual Distress Associated With Cervical Cancer

2021 ◽  
pp. 28-34
Author(s):  
Hagar Masaud ◽  
Hanan Elzeblawy Hassan ◽  
Ragaa Mohammed ◽  
Soad Ramadan
Keyword(s):  
Cervical Cancer ◽  
Well Being ◽  
University Hospital ◽  
Marriage Age ◽  
Sexual Distress ◽  
Oncology Unit ◽  
Age Of Marriage ◽  
Distress Scale ◽  
Mental Well Being ◽  
The Relationship

Background: Sexual distress impacts women’s mental well-being. Anger/aggression, separation, divorce, and depression may be results of sexual distress. It harms woman’s mental health, in turn, impact the relationship between spouses. Aim: The present study aimed to assess women’s sexual distress associated with cervical cancer. Methods; Design: A descriptive design was used for the current study. Setting: out-patient clinic in the oncology unit at Beni-Suef University Hospital. Subjects: A purposive sample of 70 women. Tools: Data was collected through a structured interviewing questionnaire sheet, female sexual distress scale. Results: The results of the study revealed that 35.7% of women were in the 1st degree when diagnosed, 88.6% of the studied women had sexual distress. There was a statistically significant relationship between the educational level of women, marriage age, and their total sexual distress scores, while there was no relationship between age and residence of women and their total sexual distress scores. Conclusion: Sexual distress was more prevalent among older, less educated, urban dwellers, and those whose age of marriage was less than 20 years old. Recommendations: Preparing health classes for cervical cancer women regarding sexual distress following cervical cancer.

The Analysis Of Minimum Marriage Age Determination In Indonesia And Other Islamic Countries

2018 ◽  
Vol 16 (2) ◽  
pp. 148
Author(s):  
Nur Azizah
Keyword(s):  
Research Method ◽  
Age Determination ◽  
Marriage Age ◽  
Islamic Country ◽  
Muslim Countries ◽  
The World ◽  
Islamic Countries ◽  
Minimum Age ◽  
Age Of Marriage

The age of marriage is always a polemic in the household. This is based on the view that the age of marriage that is not mature mentally, physically, psychologically, and education is susceptible to unstable attitudes in taking policies or decisions. So that it is feared that they have not been able to respond to problems in the marriage. Indonesia is a country with Muslims as a major population regulating the minimum age of marriage, as well as Muslim countries in the world. The research method used is the juridicalnormative approach. There are someconclusions obtained. First, the Shari'a does not explicitly set a minimum age for marriage, but legal age and understanding are elements that must be fulfilled for prospective brides, and especially for husbands who are positioned as heads of families. Second, every Islamic country, including Indonesia, has different rules regarding the minimum age of marriage, but the purpose of the restriction remains the same, which is to form a partner who is physically and resourcefully ready to build a sakinah household.Keywords: Rules; Age; Marriage

scholarly journals Exceptional Circumstances of Lowering the Minimum Age of Marriage: Types, the Criterion of Respect, and Problems of Regulation

2021 ◽  
Vol 16 (2) ◽  
pp. 47-54
Author(s):  
Е. Е. Lekanova
Keyword(s):  
Criminal Code ◽  
Child Marriage ◽  
Marriage Age ◽  
Minimum Age ◽  
Minor Children ◽  
The Russian Federation ◽  
Life Circumstances ◽  
A Minor ◽  
Age Of Marriage ◽  
Legal Consequences

The paper is devoted to the study of law rules, doctrinal positions and jurisprudence dealing with exceptional circumstances that serve as a basis for minor marriage. The relevance of the study is primarily predetermined by the taken and planned actions of the state authorities undertaken to develop draft laws aimed at improving the content of Art. 13 of the Criminal Code of the Russian Federation regulating the age of marriage. The author draws the following conclusions. Conditions for reducing the overall minimum age of marriage for persons under 16 years of age, as well as for older minors, should be governed at the federal level. The list of exceptional (reasonable) circumstances should be exhaustive, since the current open list of life circumstances applied to reduce the overall minimum marriage age leads to excessive freedom of enforcement discretion. Both the Russian and international legislator consider “child” marriage as a negative social phenomenon. In this regard, the issuance of permission to marry as a minor should be dictated by even more unfavorable social circumstances that have arisen in the life of the minor. Marriage should contribute to overcoming or leveling (smoothing) these adverse factors. Only the circumstances in which the marriage is proportionate to the legal consequences it causes (the acquisition of full civil legal capacity by minors, termination of the parents’ obligations to financially support their minor children who have entered into marriage, providing them with housing, etc.) can be considered as good reasons for reducing the minimum marriage age. These circumstances also include pregnancy and the birth of a child.

scholarly journals The Correlation Between Marital Age and The Incidence of Cervical Cancer

2021 ◽  
Vol 15 (6) ◽  
pp. 1509-1510
Author(s):  
Dwi Margareta Andini ◽  
Dessy Lutfiasari
Keyword(s):  
Cervical Cancer ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Early Marriage ◽  
Rank Test ◽  
Bivariate Analysis ◽  
Cross Sectional ◽  
Marriage Age ◽  
A Value ◽  
Age Of Marriage

Background: Cervical cancer (neck of the womb) is a malignant tumor that grows in the cervix (the lowest part of the uterus attached to the top of the vagina). Aim: This study aims to investigate the correlation between marital age and the incidence of cervical cancer. Methods: This research was correlation analytic with a cross-sectional approach. This study's population was all patients in Gambiran Hospital in obstetric and gynecology poly, and the sample size was 34 people chosen by simple random sampling technique. The research instrument used the medical record. The bivariate analysis used the Spearman rank test. Results: The analysis shows that there were two independent and dependent variables, namely marital age and the incidence of cervical cancer, with ρ value = 0001< α = 0.05 indicating that there was a correlation between marital age and the incidence of cervical cancer with a value of r = 0.549 showed that there is a relationship between the age of marriage with cervical cancer incidence. Conclusion: This research is expected to be an input to make people more healthy and open to receive health information, especially if a family has a child of early marriage age. Keywords: Cervical Cancer, Marital Age

scholarly journals Child Marriage Laws around the World: Minimum Marriage Age, Legal Exceptions, and Gender Disparities

2017 ◽  
Vol 39 (1) ◽  
pp. 51-74 ◽  
Author(s):  
Megan Arthur ◽  
Alison Earle ◽  
Amy Raub ◽  
Ilona Vincent ◽  
Efe Atabay ◽  
...  
Keyword(s):  
Gender Disparities ◽  
Child Marriage ◽  
Marriage Age ◽  
The World ◽  
Marriage Laws ◽  
And Gender

Konsep Batasan Usia Perkawinan dalam Hukum Islam dan Undang-Undang Nomor 1 Tahun 1974 Juncto Undang-Undang Nomor 16 Tahun 2019 tentang Perkawinan serta Implikasinya terhadap Masyarakat di Desa Langensari Kecamatan Tarogong Kaler Kabupaten Garut

2020 ◽  
pp. 1
Author(s):  
Anna Marsella ◽  
Amrullah Hayatudin ◽  
Encep Abdul Rojak
Keyword(s):  
Islamic Law ◽  
Married Couple ◽  
Married Couples ◽  
Early Marriage ◽  
Marriage Age ◽  
Positive Effects ◽  
Age Limit ◽  
Negative Impacts ◽  
Age Of Marriage ◽  
The Impact

Abstract. Islam does not discuss the age limit for conducting marriages clearly, in contrast to Law Number 1 of 1974 juncto Law Number 16 of 2019 concerning Marriage regulates the marriage age limit of 19 years for men and women, however early childhood marriage is still rife in the community, especially in Langensari Village, Tarogong Kidul District, Garut Subdistrict. Formulation of the problem namely: How is the legal review of early marriage according to Islamic Law and Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning marriage? What are the factors underlying the occurrence of early marriage in Langensari Village? What is the impact of early marriage for a married couple in Langensari Village?The purpose of this study are: To find out the legal review of early marriage according to Islamic Law and Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage, the factors underlying the occurrence of early marriage and the impact of early marriage for married couples in Langensari Village. The research method used was interview and literature study.The results of the study: Islamic law allows early marriage, with the condition that it has been agreed upon, Law No.1 Year 1974 juncto Law No. 16 of 2019 concerning marriage, limiting the age of marriage and dispensation for irregularities. Factors causing: internal factors, namely the emergence of love, love, affection, avoiding adultery, have been able to fulfill and be responsible, external factors are caused by geographical factors, social media abuse, MBA, doctrine of religious figures, excessive parental fear. Impacts of early marriage: positive effects, namely reducing cases of sexual harassment, guarding the environment of society and mutual respect, negative impacts of miscarriages, undernourished children, frequent quarreling and increasing the burden on parents.Keywords: Limitation of Marriage Age, Islamic Law, Impact of Early Marriage Abstrak. Agama Islam tidak membahas mengenai batasan usia untuk melaksanakan perkawinan secara jelas, berbeda dengan Undang-undang Nomor 1 Tahun 1974 juncto Undang-undang Nomor 16 Tahun 2019 Tentang Perkawinan mengatur batasan usia perkawinan yaitu 19 tahun untuk pria dan wanita, namun perkawinan usia dini masih marak terjadi di masyarakat, khususnya di Desa Langensari Kecamatan Tarogong Kidul Kabupaten Garut. Rumusan masalah yaitu: Bagaimana tinjauan hukum tentang perkawinan usia dini menurut Hukum Islam dan Undang-Undang No. 1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan? Apa faktor-faktor yang melatarbelakangi terjadinya perkawinan usia dini di Desa Langensari? Bagaimana dampak dari perkawinan usia dini bagi pasangan suami istri di Desa Langensari?Tujuan penelitian ini yaitu: Untuk mengetahui tinjauan hukum tentang perkawinan usia dini menurut Hukum Islam dan Undang-Undang No. 1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan, faktor-faktor yang melatarbelakangi terjadinya perkawinan usia dini dan dampak dari perkawinan usia dini bagi pasangan suami istri di Desa Langensari. Metode Penelitian yang digunakan adalah wawancara dan studi pustaka.Hasil penelitian: Hukum Islam membolehkan perkawinan usia dini, dengan syarat sudah baligh, Undang-undang No.1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan, membatasi usia perkawinan dan diberlakukan dispensasi atas penyimpangan. Faktor penyebab: faktor internal yaitu timbulnya rasa suka, cinta, sayang, menghindari zina, sudah mampu mencukupi dan bertanggung jawab, faktor eksternal yaitu disebabkan oleh faktor geografis, penyalahgunaan sosial media, MBA, doktrin tokoh agama, ketakutan orang tua yang berlebihan. Dampak perkawinan usia dini: dampak positif yaitu mengurangi kasus pelecehan seksual, terjaganya lingkungan peguyuban dan saling menghormati, dampak negatif yaitu terjadinya kasus keguguran, anak berstatus gizi kurang, sering bertengkar dan menambah beban orang tua.Kata kunci: Batasan Usia Perkawinan, Hukum Islam, Dampak Perkawinan Usia Dini

scholarly journals Local crime and early marriage: Evidence from India

2021 ◽  
Author(s):  
Sudipa Sarkar
Keyword(s):  
Well Being ◽  
Northern Region ◽  
Early Marriage ◽  
Negative Consequences ◽  
Data Set ◽  
Nationally Representative ◽  
And Gender ◽  
High Crime ◽  
Age Of Marriage ◽  
The Relationship

This paper analyses whether living in a locality with high crime against women affects the probability of early marriage—that is, marriage before the legal age of marriage of girls. We hypothesize that parents who perceive themselves to live in a high-crime locality would marry their daughters off at an early age to protect the chastity of their daughters from any sexual violence. However, there would be no similar effect of perceived crime in the locality on the marriage of sons. Using a nationally representative longitudinal data set and tackling the potential endogeneity of local crime rates, we find evidence to support our hypothesis. The results show that perceived crime against women in the locality significantly increases the likelihood of early marriage of girls, while there is no such effect on boys of comparable age group. We also find no such effect of gender-neutral crimes (such as theft and robbery) on the likelihood of early marriage of girls. Moreover, we find that the relationship holds only in conservative households where the purdah system is practised, and also in the northern region of India, where patriarchal culture and gender norms are stronger than in the southern region. These findings are relevant as under-age marriage has negative consequences for the well-being of women in terms of health, education, post-marital agency, and future economic participation.

scholarly journals PROBLEMATICS CULTURE OF CHILD MARRIAGE IN INDRAMAYU IN A LEGAL AND CULTURAL PRESFECTIVE

2020 ◽  
Vol 7 (2) ◽  
pp. 116
Author(s):  
Hazar Kusmayanti ◽  
Dede Mulyanto
Keyword(s):  
Communication Technologies ◽  
Local Area ◽  
Community Leaders ◽  
Child Marriage ◽  
Religious Leaders ◽  
Marriage Age ◽  
World Community ◽  
The People ◽  
The World ◽  
Research Findings

The problem of marriage is a very common problem for the world community, especially the people of Indonesia, one of the problems is child marriage. the highest likelihood of child marriage is in Indramayu Regency. The purpose of this study is to analyze the practice of child marriage that occurs in Indramayu, the reasons for child marriage. The method of the approach taken by the author is to use a normative juridical approach. Based on the research findings there are obstacles that cause child marriage culture in Indramayu as follows: There are religious views that allow underage marriages, There are differences in legal perspectives between traditional and contemporary fiqh, aspects of tradition and culture in the local area Modern communication technologies such as mobile phones encourage young marriages. The implication of this research is to socialize Law Number 16 the Year 2019 regarding marriages regarding the marriage age limit up to 18 years for men and women as well as government cooperation with community leaders, religious leaders and the Indonesian Women's Coalition to eradicate child marriage in various regions.

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