Explaining Child Marriage Laws in India: Understanding the Acts and Sections

Introduction

Child marriage is a harmful practice that robs children of their childhood and potential. It is defined as a marriage in which one or both parties are below the age of 18. Child marriage is a prevalent issue in India, with millions of girls and boys getting married before they reach the age of 18. The practice of child marriage is not only illegal, but it also violates the basic human rights of children. This article seeks to explain the laws against child marriage in India and provide a detailed understanding of the acts and sections related to it.

• Definition of Child Marriage – Child marriage refers to the union of two individuals where at least one person is below the age of 18. Child marriage is a violation of children’s rights and can lead to serious physical, emotional, and psychological harm.

• Brief History of Child Marriage in India – Child marriage has a long history in India, dating back to ancient times. The practice was once considered a norm in many communities and was viewed as a way to protect girls from sexual violence and to ensure their economic security. However, over time, the negative impact of child marriage has become increasingly clear, and the practice is now recognized as a significant problem in India.

• Importance of Child Marriage Laws – The Indian government has taken several steps to address the issue of child marriage. In 2006, the Prohibition of Child Marriage Act was passed, which set the legal age of marriage at 18 for girls and 21 for boys. The law also established penalties for those who engage in or facilitate child marriage.The importance of child marriage laws lies in their ability to protect children’s rights and ensure their safety and well-being. Child marriage can lead to a host of problems, including early pregnancy, maternal mortality, domestic violence, and limited educational and economic opportunities. By establishing legal protections for children, child marriage laws can help to prevent these negative outcomes and promote healthy development and well-being for young people.

Laws Against Child Marriage in India

• The Prohibition of Child Marriage Act, 2006 –The Prohibition of Child Marriage Act, 2006 is an important piece of legislation in India that prohibits child marriage and seeks to protect the rights and well-being of children. Here are some of the important sections of the act:

  1. Section 2: This section defines what constitutes child marriage under the act. According to the act, child marriage refers to a marriage where one or both parties are underage, which means the bride is below 18 years of age and the groom is below 21 years of age.

  2. Section 3: This section makes it illegal to engage in or promote child marriage. It prohibits the solemnization of child marriages and makes it a punishable offence for anyone who performs, conducts or participates in such marriages.

  3. Section 4: This section imposes a duty on various authorities, such as police officers, social welfare departments, and child marriage prohibition officers, to prevent child marriages and take appropriate action against those who violate the act.

  4. Section 5: This section provides for the punishment of those who facilitate or participate in child marriage. The act makes it a criminal offence to promote, perform, or participate in child marriage, and the punishment for the same can be imprisonment for up to two years and/or a fine of up to Rs. 1 lakh.

  5. Section 9: This section allows for the annulment of child marriages. The act provides that a child marriage can be declared null and void by a court of law if it is proven that one or both parties were underage at the time of marriage.

  6. Section 14: This section provides for the establishment of special courts to deal with cases related to child marriage. These courts are tasked with ensuring speedy and effective justice for child marriage cases.

  Overall, The Prohibition of Child Marriage Act, 2006 seeks to prevent child marriages, protect the rights of children, and provide for appropriate punishment for those who violate the act.

• The Hindu Marriage Act, 1955 –The Hindu Marriage Act, 1955 is a legislation that governs Hindu marriages in India. The act contains provisions that are aimed at preventing child marriage and protecting the rights of children. Here are some of the important provisions in the act against child marriage:

  1. Section 5(iii): This section mandates that both the bride and groom must have attained the legal age of marriage, which is 18 years for the bride and 21 years for the groom. Any marriage that takes place in violation of this provision is voidable.

  2. Section 11: This section provides for the nullity of marriages that take place in violation of the age requirements. If it is discovered that either party was a minor at the time of the marriage, the marriage can be declared null and void.

  3. Section 12: This section provides for the annulment of marriages that take place in violation of the age requirements. If either party was a minor at the time of the marriage, either party can seek annulment of the marriage.

  4. Section 18: This section provides for the maintenance and support of children born out of child marriages. If a child is born out of a child marriage, both parents are legally responsible for the child’s maintenance and support.

  5. Section 19: This section provides for the custody and guardianship of children born out of child marriages. In cases where a child is born out of a child marriage and the marriage is subsequently annulled, the court may decide on the custody and guardianship of the child.

  Overall, the Hindu Marriage Act, 1955 contains provisions that seek to prevent child marriage and protect the rights of children. By mandating that both parties must have attained the legal age of marriage, the act aims to prevent the practice of child marriage and promote the well-being of children.

• The Special Marriage Act, 1954 –The Special Marriage Act, 1954 is an important piece of legislation in India that provides for civil marriages and lays down certain provisions to prevent child marriage. Here are some of the provisions in the act against child marriage:

  1. Minimum Age: The act lays down a minimum age for marriage, which is 21 years for males and 18 years for females. This provision helps to prevent child marriages by ensuring that both parties are of a legally permissible age.

  2. Notice Period: The act requires a notice of marriage to be given at least 30 days in advance to the marriage officer. This provides an opportunity to authorities to check whether the proposed marriage involves any underage individuals and take appropriate action if necessary.

  3. Objections: The act provides a mechanism for anyone to raise objections to a proposed marriage if they have reason to believe that it involves an underage individual. The marriage officer is required to investigate such objections and take necessary action if the concerns are found to be valid.

  4. Registration: The act mandates the registration of all marriages under its purview. The registration process helps to keep track of all marriages and ensure that they are conducted in accordance with the law.

  5. Punishment: The act imposes a penalty on anyone who knowingly solemnizes or participates in a child marriage. The punishment can include imprisonment for up to two years and/or a fine.

  Overall, The Special Marriage Act, 1954 provides several provisions that help to prevent child marriages and ensure that all marriages are conducted in accordance with the law. The act lays down strict penalties for those who violate its provisions, which serves as a deterrent against child marriage.

  Here are the relevant legal sections of The Special Marriage Act, 1954 that deal with child marriage:

  1. Section 4: This section lays down the conditions for a valid marriage under the act. It provides that a marriage may be solemnized between two individuals if the male has completed the age of 21 years and the female has completed the age of 18 years.

  2. Section 5: This section requires the parties to a proposed marriage to give notice in writing to the marriage officer at least 30 days prior to the date of marriage. The notice must include details such as the intended date of marriage, the place of marriage, and proof of age of the parties.

  3. Section 6: This section provides for the publication of the notice of marriage by the marriage officer. The notice is displayed on a conspicuous place in the office of the marriage officer, and anyone may raise objections to the proposed marriage if they have reason to believe that it involves an underage individual.

  4. Section 11: This section empowers the marriage officer to inquire into any objection raised to a proposed marriage. If the objection is found to be valid, the marriage officer may refuse to solemnize the marriage.

  5. Section 15: This section provides for the registration of marriages under the act. It requires the marriage officer to maintain a register of marriages and enter all details related to the marriage, including the ages of the parties.

  6. Section 17: This section imposes a penalty on anyone who knowingly solemnizes or participates in a child marriage. The punishment can include imprisonment for up to two years and/or a fine.

  Overall, The Special Marriage Act, 1954 provides several legal provisions that help to prevent child marriages and ensure that all marriages are conducted in accordance with the law. The act lays down strict penalties for those who violate its provisions, which serves as a deterrent against child marriage.

• The Muslim Personal Law (Shariat) Application Act, 1937 –The Muslim Personal Law (Shariat) Application Act, 1937 is an act that governs the personal laws of Muslims in India. While the act recognizes the right of Muslims to follow their personal laws, it also contains provisions that seek to prevent child marriage. Here are some of the important provisions in the act related to child marriage:

  1. Section 2: This section defines the age of majority for marriage in Muslim personal law. According to the act, a Muslim girl can only get married after attaining the age of puberty, which is typically around 14 years of age.

  2. Section 3: This section imposes a penalty on those who contract or participate in a child marriage. The act provides for the punishment of imprisonment for up to three months and/or a fine of up to Rs. 500 for those who violate this provision.

  3. Section 4: This section allows for the annulment of a child marriage. If it is proven that a girl was married off before she attained the age of puberty or was forced to get married against her will, the marriage can be declared null and void.

  4. Section 5: This section provides for the appointment of a marriage registrar in Muslim areas. The registrar is responsible for ensuring that marriages are contracted in accordance with Muslim personal law and that no child marriages take place.

  Overall, the Muslim Personal Law (Shariat) Application Act, 1937 recognizes the need to prevent child marriage and provides for legal protections for girls. The act imposes penalties for those who contract or participate in a child marriage, allows for the annulment of such marriages, and provides for the appointment of a marriage registrar to oversee marriages in Muslim areas.

• The Indian Penal Code, 1860 –The Indian Penal Code, 1860 also contains provisions that make child marriage illegal and punishable. Here are some of the relevant sections:

  1. Section 361: This section deals with kidnapping or abducting a girl under the age of 18 with the intent to marry or seduce her. It makes such an act punishable with imprisonment for up to seven years and a fine.

  2. Section 363: This section deals with kidnapping or abducting any person, including a child, and makes it a punishable offence. If the victim is a minor, the punishment can be more severe.

  3. Section 366: This section deals with kidnapping, abducting, or inducing a woman to compel her to marry or engage in illicit intercourse. If the victim is under 18 years of age, the punishment can be imprisonment for up to 10 years and a fine.

  4. Section 366A: This section deals with the trafficking of minor girls for the purpose of marriage. It makes such an act punishable with imprisonment for up to 10 years and a fine.

  5. Section 372: This section deals with the selling of a minor girl for the purpose of marriage. It makes such an act punishable with imprisonment for up to 10 years and a fine.

  6. Section 373: This section deals with the buying of a minor girl for the purpose of marriage. It makes such an act punishable with imprisonment for up to 10 years and a fine.

  These provisions in the Indian Penal Code, 1860 provide for stringent punishment for those who engage in child marriage or related offenses. They aim to deter such acts and protect the rights and well-being of children.

Challenges in Implementing Child Marriage Laws

• Social Stigma and Norms: In many parts of India, child marriage is deeply rooted in tradition and culture. It is often seen as a way to protect girls from premarital sex and ensure their economic security. Changing these beliefs and attitudes can be a difficult and slow process.

• Lack of Awareness: Many people, especially in rural areas, are not aware of the laws against child marriage or the negative consequences of this practice. This lack of awareness makes it difficult to enforce the laws effectively.

• Legal Loopholes: While the laws against child marriage are in place, there are still legal loopholes that allow some marriages to take place. For example, some states allow marriages with parental consent, even if the child is under the legal age of marriage.

• Enforcement Issues: Even when the laws are clear and there are no legal loopholes, enforcing them can be a challenge. Local authorities may be reluctant to intervene in what is seen as a private matter, or they may lack the resources to do so effectively.

Conclusion

In conclusion, child marriage is a complex issue that affects the lives of millions of children in India. The Indian government has enacted several laws and acts aimed at prohibiting and preventing child marriage, including The Prohibition of Child Marriage Act, The Hindu Marriage Act, The Special Marriage Act, The Muslim Personal Law (Shariat) Application Act, and The Indian Penal Code. However, implementing these laws and addressing the challenges of social stigma, lack of awareness, legal loopholes, and enforcement issues requires a sustained effort from government agencies, civil society organizations, and communities. Only through a collaborative and concerted effort can India end the harmful practice of child marriage and ensure that all children have the opportunity to reach their full potential.

• Significance of Eliminating Child Marriage –Eliminating child marriage is crucial for several reasons:

  1. Protecting Children’s Rights: Child marriage violates children’s rights to education, health, and protection from harm. By ending child marriage, children can enjoy their childhood and grow up in a safe and healthy environment.

  2. Promoting Gender Equality: Child marriage perpetuates gender inequality by denying girls the opportunity to develop their full potential and limiting their life choices. Ending child marriage can help promote gender equality and empower girls to achieve their goals.

  3. Improving Public Health: Child marriage is associated with a range of negative health outcomes, including maternal mortality, infant mortality, and malnutrition. By ending child marriage, public health can improve and child and maternal mortality rates can be reduced.

  4. Boosting Economic Development: Child marriage is a barrier to economic development, as it limits girls’ education and job opportunities. By ending child marriage, girls can complete their education and contribute to the workforce, which can lead to increased economic growth and prosperity.

  Overall, ending child marriage is not only a moral imperative, but also essential for promoting children’s rights, gender equality, public health, and economic development. It requires a sustained effort from all stakeholders, including governments, civil society organizations, communities, and families.