Mains Practice Questions

Approach

• Briefly highlight the grave situation in the present case.
• In the first part of the answer, identify the stakeholders involved and ethical values pertaining to the case.
• Also, elaborate the ethical dilemmas involved in the case.
• In the second part, write the best course of action to be taken by you to resolve the given problems.

Introduction

This case study presents a grim picture of acceptance of issues like patriarchy, lack of women empowerment and prevalence of the rudimentary religious practices. However in this context, it is imperative to reiterate that the right to education is a basic human right and the state should ensure the effective realization of this right.

Body

a) Stakeholders, ethical Values and ethical dilemmas involved in the case:

Ethical Dilemmas:

General Laws vs Traditional customs

• The present situation is mainly due to conflict between the general laws and traditional customs of communities with respect to marriage.
• According to the Prohibition of Child Marriage Act, 2006 marrying a girl child at an age of less than 18 is prohibited. But in some societies, like discussed in present case, tradition of child marriage is prevalent.
• This dilemma for the community is always there. However, they should be made to understand traditional values like this may be detrimental to their own community.

Report the incident vs Fear of penal action

• The parents of two married girls are in a dilemma whether to report the incident or not.
• They are reluctant to file complaints against the irresponsible decision of the headmistress because of the fear of penal action for having solemnised the marriage of minor girls, as the child marriage is legally prohibited.

Responsibility of the school of ensuring equal education vs upholding the societal values

• School has the responsibility to educate all the children irrespective of the caste,creed or any personal issues of children (like if a student is married or not).
• However, it is duty of the school to keep other students away from any kind of influence of child marriage.
• But by not allowing the two married minor girls they can meet the latter objective but the former.

b) Course of action taken by District Magistrate to manage the situation holistically-

• Help married girls to get admission in the school: First of all I will ensure that the two married minor girls who have been denied admission to school get the admission and the proper education.
• Direct the Headmistress not to repeat such irresponsible behaviour: Though I can take a penal action against Headmistress for not allowing girls to attend school, I will give a stern warning that such incidents should not be repeated in future and all the children should get their right to education.
  
  • Also, I will ask if any minor married girl comes to school for admission, school management should directly report to the concerned authority.
  • A similar circular can be issued to other schools in the region.
• Tackling the issue of child marriage: Afterwards my priority will be to educate and motivate the people of the concerning community so that they give up the irrational and rudimentray traditional custom of child marriage and do not marry their girl child untill she attains at least 18 years of age.
  
  • For this purpose I can take help of elderly and senior people (community leaders, representatives, religious leaders etc.) of the community. If they can appreciate the idea of girls empowerment, the society itself will start to transform.
  • A widespread community camps or mobile van advertisements with the help of various NGOs can be done in this region to make people aware of the welfare schemes associated with the girls.
  • Through concerted efforts with civil societies, local administration would try to motivate parents to leave the traditional rudimentary customs and focus on their girl child’s education rather than marrying her as a minor.
• Give stern warning to parents: Legal provision under the Prohibition of Child Marriage Act, 2006 should be followed. I will make sure the public order is maintained and laws are followed.
  
  • I will also warn the other parents that if any more child marriage takes place the accused persons/parents would be dealt strongly.

Conclusion

Thus, I can adopt this course of action to solve the present issue as I think education is empowerment and if we are going to close the doors of a school to married girl students, then that is going to strike a death knell to women’s empowerment.