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.

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 (Amendment) Bill, 2021

The Union Minister for Women and Child Development (MWCD), Smriti Irani, submitted the bill to raise the age of marriage for women from 18 to 21. It was referred to the parliamentary standing committee for careful examination. If this measure is approved, it will supersede all current legislation. For a number of reasons, including the statistics from the most recent National Family Health Survey (NFHS) and the Jaya Jaitly committee’s proposal, the government was compelled to implement the adjustments.

The reasons for change were as follows:

• The government must act quickly to prevent child marriage since recent data indicates that the number of child marriages has surged during the lockdown and epidemic.
• Set the marriageable age of women equal to that of men.
• The maternal mortality rate (MMR) and infant mortality rate (IMR) are significantly impacted by early marriage.
• The measure also aims to empower women who, as a result of their early marriage, are deprived of important social-economic benefits.

Committee Recommendations for Raising the Marriage Age

Under Jaya Jaitly’s direction, the MWCD established a committee in 2020 to examine the viability of raising the marriage age and its potential effects on the health of women and children. The following suggestions were proposed:

• The lawful age for marriage of girl child to be increased to 21 years.
• Large-scale awareness campaigns on the rise in marriage are necessary to promote societal acceptance of the new rule.
• Requested the government expand females’ access to educational resources as well.
• It is advised that educational institutions provide sex education in addition to business and skill training.
• The committee stated that unless these recommendations are put into practice and women are given more influence, the law would not be successful.

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.

Critical Analysis of Marriage Age

1. According to NFHS-4 statistics, women who have completed 12 years or more of education are more likely to marry later in life. This is a clear correlation between the age of marriage and educational attainment.
2. In a similar vein, the National Human Rights Commission (NHRC) proposed in 2018 that women who have higher education levels are less likely to marry young and that the Right to Education Act (RTE), 2009, be amended to extend its application to the age of 18.
3. According to the aforementioned research, investing in resolving the core problems that women encounter is more necessary for the true empowerment of women than enacting legislation with coercive measures.
4. The age at which women marry will eventually be delayed if steps are taken to improve their access to healthcare, education, skill and career development, job placement, and work possibilities.

Advantages of Prohibition of Child Marriage Act, 2006

1. Protection of Rights: The act safeguards the rights of children by preventing them from being forced into marriages before they reach a certain age, ensuring their physical, mental, and emotional well-being.

2. Promotion of Education: By prohibiting child marriage, the act encourages children, especially girls, to pursue education, which leads to better opportunities and empowerment.

3. Health Benefits: Preventing child marriages helps in reducing the risks of early pregnancies and childbirth complications, thereby improving maternal and child health outcomes.

4. Social Development: The act contributes to the social development of the country by promoting gender equality and changing societal norms regarding the value and rights of children, particularly girls.

5. Legal Accountability: It establishes legal accountability for those involved in arranging child marriages, discouraging the practice and providing a deterrent effect.

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- FAQs

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.