What is Prohibition of Child Marriage Act, 2006?
In India, a minor is someone under 18 years old according to the Indian Majority Act, 1875. When it comes to marriage, the Hindu Marriage Act, 1955, the Parsi Marriage and Divorce Act, 1936, and the Christian Marriage Act, 1872, all say that girls must be at least 18 and boys 21 to get married.
Child marriages, which happen before a girl turns 18 or a boy turns 21, used to be common in India. Even when the Hindu Marriage Act, 1955 was made, it didn’t stop child marriages from being legal. If caught, people involved might face minor punishments like 15 days in jail or a fine of up to ₹1000. Otherwise, many of these marriages were still seen as valid, even if they shouldn’t have been.
But in 2006, the Prohibition of Child Marriage Act changed things. Now, child marriages are considered voidable. If someone breaks the rules of this Act, they could get up to two years in jail or be fined up to one lakh rupees. However, child marriage is still technically allowed.
Recently, in 2021, there’s been a proposed change. The Prohibition of Child Marriage (Amendment) Bill suggests raising the age for girls to get married from 18 to 21. This is to make the marriageable age the same for girls and boys. The Bill also says that its rules are more important than any other laws, customs, or practices regarding marriage.
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