One of the major concerns of the civil society and womens rights activists regarding this law is the provision that allows marriage under. Later renamed as the child marriage restraint act cmra, 1929, it prohibited marriage of girls below the age of 15 years and boys below the age of 18. It is popularly known as the sarda act, after its sponsor harbilas sarda. Though child marriages restraint act, 1929 cmra got reformed in india and bangladesh, but remained toothless and outdated in pakistan. Ministry of law, justice and parliamentary affairs, bangladesh. The child marriage restraint act, 1929 1 the child marriage restraint act, 1929 1 act no. The indian constitution provides for prohibitions against child marriage through various laws and enactments. He became instrumental in introducing the sarda act or the child marriage restraint act in 1929. Child marriage remained valid in the eyes of the law. Moreover, the act did not reach the population in the villages for lack of publicity. This legislation is armed with enabling provisions to prohibit child. Marriage re straint act 1929, the legal marriage a ge in bangladesh is 18 years for girls and 21 years for boys. Child marriages in pakistan the institute for social.
If you continue browsing the site, you agree to the use of cookies on this website. Marriage act was passed in 2006 following the high. Xix of 1929, hereinafter referred to as the said act, in section 2 for paragraph a, the following shall be substituted, namely. Child marriage and female genital mutilation are internationally recognized human rights violations. Short title extent and commencement 1 this act may be called the child marriage restraint act, 1929. Pdf causes and consequences of child marriages in south. Vi of 2017 an act to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 whereas it is expedient and necessary to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 act no. Chapter ii main features of the prohibition of child marriage act, 2006 6 8 3. An act to restrain the solemnisation of child marriage. Under the act, the minimum age for marriage is 18 years for a male and 16 years for a female section 2. This question was examined by the joshi committee 1925 and on its recommendations the. Originally, the age limit for a male was eighteen years and for a female fourteen years. Child marriage in india is a centuries old tradition.
An act to restraint the solemnization of child marriages. Child marriage restraint act, 1929 overview, formation. Child marriage restraint national assembly of pakistan. Marriage the prohibition of child marriage act, 2006 the prohibition of child marriage act,2006 pcma was enacted repealing the child marriage restraint act of 1929 in order to prohibit child marriages rather than only restraining them.
Bangladesh parliament passes law allowing child marriage. However, as a result of the cmras ineffectiveness, new legislation was enacted 77 years later, in the form of the prohibition of child marriage act, 2006 pcma, 2006. The first law was the child marriage restraint act of 1929 which extended to the whole of india except jammu and kashmir. The first law that was designed was the child marriage restraint act of 1929 which extended to the whole of india except jammu and kashmir. In this act, unless there is anything repugnant in the subject or context. It was defined by the child marriage restraint act in 1929, and it set the. Girl child marriage is one of the major kinds of exploitation and violence prevalent in the country. The quaids success in making the child marriage restraint act of 1929 applicable to muslim girls, too, has been frequently referred to in public debate, but it is worth recalling once more. The act raised the minimum age of marriage for girls to 14 years and for boys to 18 years. The rights of a child are exercised by proxy through the family. The core provisions of the prohibition of child marriage act, 2006 are as follows. Bangladesh parliament passes law allowing child marriage in special circumstances. In 1978, the law was amended to raise the minimum age of marriage to 18 years for girls and 21 years for boys. The child marriage restraint act 1929 punjab laws online.
Child, marriage, victimize, viol ation, rights, exploitation, marriage is a marriage of individuals who marry before the minimum legal age, which 18 years for girls and 21 years for boys. This legislation is armed with enabling provisions to prohibit child marriages. Situational analysis in three states 1 1 introduction 1. As a result, child marriages continue unabated even today. To eradicate the evil of child marriage, the child marriage restraint act was passed in 1929. Whereas it is expedient to restrain the solemnization of child marriages. The legal age for marriage in india is eighteen for girls and twentyone for boys,20 on the lines of what was mentioned in the child marriage restraint act of 1929. Harmful cultural practices, such as child marriage and female genital mutilation fgm, are discriminatory practices committed regularly over such long periods of time that communities and societies begin to consider them.
Imprisonment not to be awarded for offence under section 3. Handbook on the prohibition of child marriage act, 2006. According to child marriage restraint act 1929, child marriage is a marriage to which either the contracting parties is a child. The object is to eliminate the special evil which had the potentialities of dangers to the life and health of a female child, who could not withstand the stress and strains of married life and to avoid. However, the act remained a dead letter during the colonial period of british rule in india. Child marriage in pakistan is legally prohibited to an extent under the child marriage restraint act 1929 no xix. This act was amended in 1949, raising the minimum age of. A member provincial assembly punjab committed to table the punjab child marriage restraint amendment bill in the assembly. The child marriage restraint act, 1929 laws of india.
Law commission of india proposal to amend the prohibition of child marriage act, 2006 and other allied laws table of contents serial no. Child marriage restraint act, 1929 274 under section 250 of the code of criminal procedure, 1898, and if such security is not furnished within such reasonable time as the court may fix the complaint shall be dismissed. That was the first step taken against child marriage in india. The 1929 act was a queer piece of legislation rendering all child marriages illegal but not void. This act defines the ages of an adult male and female. It was obeyed in its breach more than in its observance. After the publication of gazette notification by the law ministry, this act will replace the child marriage restraint act, 1929. Child marriages and the law in india human rights law. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys. When the 1921 census reported 600 brides in the age group of one to twelve months, mahatma gandhi was shocked. Amendment of section 4, act xix of 1929 the said act, in section 4. As per jawaharlal nehru, this was largely due to the fact that the colonial british government did nothing to propagate awareness of it, especially in smaller towns and villages of india.
The bill was placed with a request for annulment and reframing of the child marriage restraint act. In fact pakistan had accepted uncrc way back in 1990 buther law on child marriage has not been harmonized with it. According to the law, if a marriage occurs between a boy who is aged between 1821 years and a girl below the age of 18 years, it implies an imprisonment up to 15 days along with a. Whereas it is expedient to restrain the solemnization of child. Punishment for parent or guardian concerned in a child marriage. The child marriage restraint act, 1929 19 of 1929 an act to restrain the solemnisation of child marriage. Child marriage restraint act commonly known as sarda act was. To ensure that child marriage is eradicated from within the society, the government of india enacted the prohibition of child marriage act, 2006 replacing the earlier legislation of child marriage restraint act, 1929. Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with 9 simple imprisonment which may extend to three months and shall. Pdf effects of child marriage on girls education and.
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