Disadvantages of Prohibition of Child Marriage Act, 2006
1. Implementation Challenges: Enforcing the act effectively across diverse regions with varying social, cultural, and economic contexts can be challenging, leading to gaps in implementation and enforcement.
2. Resistance from Communities: Some communities may resist the act due to deeply ingrained cultural and traditional beliefs surrounding child marriage, making it difficult to achieve widespread acceptance and compliance.
3. Lack of Awareness: Despite the existence of the act, many people, especially in rural areas, may be unaware of its provisions and their rights, hindering its effectiveness in preventing child marriages.
4. Impact on Family Dynamics: In cases where families rely on child marriages for economic or social reasons, prohibiting such unions may disrupt family dynamics and livelihoods, leading to potential social tensions.
5. Potential for Illegal Practices: In some instances, the prohibition of child marriage may drive the practice underground, leading to secretive marriages without proper registration or legal safeguards, which could further endanger children.
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 ₹1000); 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