Concerns Raised over Committee Recommendations
The following concerns were raised over the recommendations by the committee:
- The Indian Constitution’s Article 19 guarantees of fundamental rights were allegedly violated by the bill, according to critics.
- Minority communities opposed it, claiming that it violates Article 25 of the Indian Constitution and tampers with their personal laws.
- Another point of contention is why, given that both men and women are entitled to vote at the age of 18, the marriageable age is set at 21.
- Raising the marriage age will make it much harder for females to obtain resources related to sexual and reproductive health.
- A coercive law would negatively affect underprivileged populations such as SCs and STs.
- In addition to making many marriages illegal, this action would increase the burden already placed on the legal system.
Prohibition of Child Marriage Act, 2006: Meaning, Bill, Advantages and Disadvantages
Under the Indian Majority Act 1875, a person who has not reached the age of eighteen is considered a minor. The age of marriage is set at eighteen for girls and twenty-one for boys in the Hindu Marriage Act 1955, the Parsi Marriage and Divorce Act of 1936, and the Christian Marriage Act of 1872. Child marriages, or unions between minors before the age of eighteen for girls and twenty-one for boys, were common in India. The legality of child marriages was unaffected by the Hindu Marriage Act of 1955 when it was drafted. There were only a few minor sanctions (15 days of simple jail or a fine of up to â‚ą1000); otherwise, many weddings would fall under the category of void or voidable marriages.
Key Takeaways
- The Prohibition of Child Marriage Act 2006, which replaced the earlier Child Marriage Restriction Act of 1929, was passed by the Indian government in order to ensure that child marriage is totally eradicated from society.
- The Act’s principal goal is to outlaw child marriage by solemnizing it. This Act contains measures that make it possible to outlaw child marriages, offer support to victims, and stiffen penalties for those who assist, encourage, or consummate such unions.
- The statute stipulates that a guy must be 21 years old to marry, and a girl must be 18 years old. Any marriage between individuals under these age limits will be regarded as a child marriage, which is prohibited, punishable by law, and an offense.
- After the child is rescued, the law offers them all kinds of support and assistance, including counseling, medical care, legal assistance, and rehabilitative assistance.
- Only the girl or boy who was less than eighteen when they were married may file a petition in court to annul the child marriage. If the kid is still a juvenile, a guardian and the Child Marriage Prohibition Officer (CMPO) may file the annulment petition on their behalf.
Table of Content
- Prohibition of Child Marriage Act, 2006: Overview
- Prohibition of Child Marriage (Amendment) Bill, 2021
- Committee Recommendations for Raising the Marriage Age
- Concerns Raised over Committee Recommendations
- Critical Analysis of Marriage Age
- Advantages of Prohibition of Child Marriage Act, 2006
- Disadvantages of Prohibition of Child Marriage Act, 2006
- Prohibition of Child Marriage Act, 2006- FAQs