Child Marriage Act

The Child Marriage Restraint Act of 1929
The Child Marriage Restraint Act, also called the Sarda Act,[22] was a law to restrict the practice of
child marriage. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions
of the states of Jammu and Kashmir, and applied to every Indian citizen. Its goal was to eliminate the
dangers placed on young girls who could not handle the stress of married life and avoid early deaths.
This Act defined a male child as 21 years or younger, a female child as 18 years or younger, and a
minor as a child of either sex 18 years or younger. The punishment for a male between 18 and 21 years
marrying a child became imprisonment of up to 15 days, a fine of 1,000 rupees, or both. The
punishment for a male above 21 years of age became imprisonment of up to three months and a
possible fine. The punishment for anyone who performed or directed a child marriage ceremony
became imprisonment of up to three months and a possible fine, unless he could prove the marriage he
performed was not a child marriage. The punishment for a parent or guardian of a child taking place in
the marriage became imprisonment of up to three months or a possible fine.[23] It was amended in
1940 and 1978 to continue raising the ages of male and female children.[22]
The Prohibition of Child Marriage Act, 2006

In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and
Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage
Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings
of the Child Marriage Restraint Act.[24] The change in name was meant to reflect the prevention and
prohibition of child marriage, rather than restraining it.[22][24] The previous Act also made it difficult
and time consuming to act against child marriages and did not focus on authorities as possible figures
for preventing the marriages.[24] This Act kept the ages of adult males and females the same but made
some significant changes to further protect the children. Boys and girls forced into child marriages as
minors have the option of voiding their marriage up to two years after reaching adulthood, and in
certain circumstances, marriages of minors can be null and void before they reach adulthood. All
valuables, money, and gifts must be returned if the marriage is nullified, and the girl must be provided
with a place of residency until she marries or becomes an adult. Children born from child marriages are
considered legitimate, and the courts are expected to give parental custody with the children's best
interests in mind. Any male over 18 years of age who enters into a marriage with a minor or anyone
who directs or conducts a child marriage ceremony can be punished with up to two years of
imprisonment or a fine.[25]
Applicability
Muslim organizations of India have long argued[9][26] that Indian laws, passed by its parliament, such
as the 2006 child marriage law do not apply to Muslims, because marriage is a personal law subject.[6]
[8] The Delhi High Court, as well as other state high courts of India, have disagreed. The Delhi Court,
for example, ruled that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs
each and every citizen of India[27] The ruling stated that an under-age marriage, where either the man
or woman is over 16 years old, would not be a void marriage but voidable one, which would become
valid if no steps are taken by such court has option[s] to order otherwise. In case either of the parties is
less than 16 years old, the marriage is void, given the age of consent is 16 in India, sex with minors
under the age of 16 is a statutory crime under Section 376 of Indian Penal Code.[27]
Various other High courts in India - including the Gujarat High Court,[28] the Karnataka High
Court[29] and the Madras High Court[30] - have ruled that the act prevails over any personal law
(including Muslim personal law).
Legal Action on Legal Confusion

There is a standing legal confusion as to Marital Rape within prohibited Child Marriages in India.
Marital rape per se is not a crime in India; but the position with regard to children is confusing. While
the exception under the criminal law (section 375, Indian Penal Code, 1860) applicable to adults puts
an exception and allows marital rape of a girl child between the age of 15–18 years by her husband;
another new and progressive legislation Protection of Children from Sexual Offences Act, 2012
disallows any such sexual relationships and puts such crimes with marriages as an aggravated offense.
A Public Interest Litigation filled by Independent Thought - www.ithought.in an organization working
on child rights law, is being heard in the Hon'ble Supreme Court of India for declaring the exception
allowing marital rape within prohibited child marriages as unconstitutional; Independent Thought vs.
Union of India [W.P(civil) 382 of 2013].
CEDAW
The Convention on the Elimination of All Forms of Discrimination Against Women, commonly known
as CEDAW, is an international bill attempting to end discrimination against women. Article 16,
Marriage and Family Life, states that all women, as well as men, have the right to choose their spouse,
to have the same responsibilities, and to decide on how many children and the spacing between them.
This convention states that child marriage should not have a legal effect, all action must be taken to
enforce a minimum age, and that all marriages must be put into an official registry.[31] India signed the
convention on 30 July 1980 but made the declaration that, because of the nation's size and population,
it's impractical to have a registration of marriages.[32]

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Child Marriage Act

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The Child Marriage Restraint Act of 1929

The Prohibition of Child Marriage Act, 2006

Legal Action on Legal Confusion

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