Prohibition of Child Marriage Act, 2006

What are reasons for child marriage in India?

In India, gender inequality, cultural norms, poverty, inadequate education, safety concerns for young girls, and religious practices are considered to be the main contributors to child marriages.

Can a girl still get her marriage dissolved if she becomes eighteen?

Indeed, a girl can still file for divorce within two years after becoming eighteen. This implies that she has the option to dissolve her marriage before turning 20.

What is the penalty for child marriage-related behavior?

Penalties for child marriage practices include two years in jail, a fine of up to ₹one lakh, or both.

How can an underage marriage be prevented?

An “injunction order” (stop the child marriage order) from the Court of Judicial Magistrate of First Class or Metropolitan Magistrate can be used to prevent a child marriage. To approach the court, one may seek the assistance of the police, child welfare committee, child marriage prohibition officer, childline, and non-governmental organizations.

What does the PCMA’s 2006 definition of “voidable” mean?

Voidable refers to a situation in which a married child may petition the court to dissolve the marriage.

Whom may the 2006 Prohibition of Child Marriage Act be invoked against?

The following people may be subject to the Act’s provisions:

• Groom
• Priests or anybody else officiating marriages
• Guardians or parents for allowing child marriage
• Family members, visitors, and neighbors for encouraging or condoning the child marriage.

Where may a kid apply to have their marriage canceled or annulled?

A child may file a request to have the marriage dissolved in district court. With the assistance of the police, kid welfare committee, young marriage prohibition officer, childline, NGOs, or any other person the kid trusts, the youngster may approach the court.

References:

• MINISTRY OF WOMEN & CHILD DEVELOPMENT
• LOK SABHA SECRETARIAT
• NATIONAL HUMAN RIGHTS COMMISSION, INDIA
• Legal Studies, Class XI- NCERT

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.

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.