Indian Legal System > Civil Laws > Family Laws > Prohibition of Child Marriage Act, 2006
Child marriage is a violation of human rights and can result in bonded labour, enslavement, commercial sexual exploitation, and violence against victims.
Demerits of Child Marriage:
- Lack of Understanding: Due to small age the level of understanding between marrying individuals is not developed.
- Compatibility Issues: Compatibility has a huge impact on wedding relations. In child marriage due to younger age, the individuals have no idea about the preferences, choices, likings, and disliking of their partners. Absence of this understanding causes a decrease in their mental compatibility.
- Missing of Teenage Life: They (particularly girls) have to abandon their studies. They have to take responsibility of household activities at an earlier age and thus miss out on the fun of teenage life and being young. Teenage is the age which helps the individual to become a responsible citizen and caring person.
- Higher Risk of Miscarriages or Abortions: Due to desire they cannot abstain from sex and that also without using contraception. In such a case if the bride gets pregnant early in life, she is prone to the risks of abortions or miscarriages. Similarly, both are prone to sexually transmitted infections like HIV and AIDs.
- Make Compromises: They (particularly girls) have to give up their passion and ongoing education. They deviate from their chosen career or life goal to look after household activities, their babies and family. Similarly, the boy may be forced to compromise on rewarding opportunities for a job and training so that to take care of the family and the baby or the wife who can’t manage all alone.
- Financial Security Issues: Most men who marry at a very young age are not settled well in life yet. They have to depend on other family members to look after their babies and family.
Under the ancient Hindu Law, no minimum age limits were prescribed for a Hindu marriage. There is an injunction for men that they should marry on the completion of the Brahmacharya Ashram i.e., Study of the Vedas. According to Griha Sutras, the minimum age for the marriage of a girl was 8 years. Hence earlier there was no restriction on child marriages and they were part of social life. Brahmo Samaj led by Raja Ram Mohan Roy and Arya Samaj led by Swami Dayanand Saraswati made effort to abolish this practice.
The Act of 1929 was passed by the efforts of Rai Saheb Harbilas Sarda for the object of checking the evil of the child marriage. Hence this Act is also known as ‘Sarda Act’. The aim of the Act was not to prohibit child marriage but to restrain from it. In this enactment, it was laid down that at the time of marriage, the bride must have completed 14 years and the bridegroom 18 years. Later on, by an amendment, the marriageable age of girls was raised to 15 years. A boy or a girl younger than this was declared a “child” and child marriage was made punishable. But according to this Act the child marriage performed was a valid marriage. The original Hindu Marriage Act 1955 did not differ from this state of law.
The Child Marriage Restraint (Amendment) Act, 1978 laid down that at the time of marriage, the bride must have completed 17 years and the bridegroom 21 years. Accordingly, the Hindu Marriage Act, 1955 and Child Marriage Restraint Act, 1929 was amended. This Amendment was not rendering child marriages void. But, it prescribed some penalties for those persons who are responsible for child marriages. The offences under the Act are not cognizable offences. This means that unless a complaint is filed, no proceedings can be launched in a court.
Prohibition of Child Marriage Act, 2006:
The Child Marriage Restraint Act, 929 Act was replaced by a new Act called the Prohibition of Child Marriage Act, 2006. According to that Act, the minimum age for the bride is 18 years at the time of marriage and for the bridegroom, it is 21 years.
A ‘child’ under this Act means a boy who has not completed twenty-one year of age and a girl who has not completed eighteen years of age.
A ‘minor’ means a person (that is boy or a girl) who has not attained the age of majority under the Majority Act, 1875, namely, eighteen years of age.
Under Section 9 of the Act, whoever, being a male adult above 18 years of age, contracts a child marriage, shall be punishable with rigorous imprisonment which may extend to 2 years or with fine which may extend to one lakh rupees or with both.
Under Section 10 of the Act, whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he had reasons to believe that the marriage was not a child marriage.
Under Section 11(1) of the Act, here a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful including any member of an organization or association of persons who does any act to promote the marriage, or permits it to be solemnized or negligently fails to prevent it from being solemnized, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to 2 years or with fine which may extend to one lakh rupees. Provided that no woman shall be punishable with imprisonment.
Under Section 11(2) of the Act, for the purpose of this Section, it shall be presumed, unless and until the contrary is proved that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnized.
Under Section 12 of the Act, where a child, being a minor a) is taken or enticed out of the keeping of the lawful guardian; or b) by force compelled or by any deceitful means, induced to go from any place; or c) is sold for the purpose of marriage and made to go through a form of marriage or if the minor is married after which, the minor is sold or trafficked or used for immoral purposes, such marriage shall be null be void.
Under Section 3(1) of the Act, every child marriage whether solemnized before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage. Provided that, a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.
Under Section 3(2) of the Act, if at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the child marriage prohibition officer.
Under the Hindu Marriage Act, 1955, a marriage solemnized in contravention of the conditions prescribed for a valid marriage was treated as valid. By invoking the doctrine of Factum Valet, validity was given to child marriages. Later, the Marriage Laws (Amendment) Act, 1976 through 13 (2) (iv), provided relief to a Hindu wife if her marriage was solemnized before attaining 15 years, can repudiate after attaining 15 years and before attaining 18 years. Now the Prohibition of Child Marriage Act, 2006 made a child marriage, voidable.
Under Section 3(3) of the Prohibition of Child Marriage Act, 2006, the petition under this Section may be filed at any time but before the child completes 2 years of attaining majority.
Under Section 14 of the Act, any child marriage solemnized in contravention of an injunction order issued prohibiting such marriage, shall be ‘void ab initio’.
Under Section 15 of the Prohibition of Child Marriage Act, 2006, notwithstanding anything contained in the Code of Criminal Procedure 1973, offences punishable under this Act shall be cognizable and non-bailable.
Under Section 6 of the Prohibition of Child Marriage Act, 2006, even if a marriage has been annulled by a nullity decree (Under Section 3 of the Act) the children of such marriage are deemed to be legitimate for all purposes.
Child Marriage Prohibition Officer:
Under Section 16 (1) of the Prohibition of Child Marriage Act, 2006, the State government is asked to appoint Child Marriage Prohibition officers over the area or areas specified in the notification in the official gazette. Under Section 16 (2) of the Act, a respectable member of the locality with a record of social service or an officer of the Gram Panchayat or Municipality or an officer of the Government or any public sector undertaking or an office-bearer of any non-governmental organization to assist the officer. Section 16 (3) of the Act prescribes the duties of the officer. They are as follows:
- to prevent solemnization of child marriages by taking such action as he may deem fit;
- to collect evidence for the effective prosecution of persons contravening the provisions of this Act;
- to advise either individual cases or counsel the residents of the locality generally not to indulge in promoting, helping, aiding or allowing the solemnization of child marriages;
- to create awareness of the evil which results from child marriages;
- to sensitize the community on the issue of child marriages;
- to furnish such periodical returns and statistics as the State Government may direct; and
- to discharge such other functions and duties as may be assigned to him by the State Government.
Under Section 13(2) (iv) of The Hindu Marriage Act, 1955, according to the Marriage Laws (Amendment) Act,1976 where the marriage of a girl (whether consummated or not) solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years, the girl can obtain a decree for dissolution of marriage. This is an additional ground made available to a wife. This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976.