Prohibition of Child Marriage Act, 2006

The Prohibition of Child Marriage Act, 2006, is one of the most important social legislations in India aimed at protecting children, especially young girls, from the harmful practice of early marriage. The Act not only prohibits the solemnisation of child marriages but also provides relief and protection to victims and ensures punishment for those who promote or conduct such marriages.

This law came into force on 1 November 2007 and replaced the earlier Child Marriage Restraint Act of 1929, which had limited effectiveness in preventing child marriages. The new Act provides stronger provisions, wider powers to authorities, and clear mechanisms for protection and punishment.

Historical Background of Prohibition of Child Marriage Act, 2006

Child marriage has been a deep-rooted social issue in India. For centuries, it has been practiced due to traditional, cultural, and economic factors. Parents often married off their daughters at a young age, considering it a means of social security or protection. However, over time, it became clear that this practice causes serious harm to children, especially girls.

According to UNICEF, child marriage is a formal marriage or informal union before the age of 18 years, and it is considered a violation of human rights. The 2001 Census of India reported that over 1.5 million girls under the age of 15 were already married.

Child marriage leads to several harmful consequences such as loss of education opportunities, early pregnancy, health complications, vulnerability to domestic violence, and social isolation. It also contributes to higher infant mortality rates and low birth weights among children.

To deal with these challenges, the Government of India enacted a new and stronger law — the Prohibition of Child Marriage Act, 2006.

Objective of the Prohibition of Child Marriage Act, 2006

The main objective of the Act is to prohibit the solemnisation of child marriages and to protect and provide assistance to the victims. It also seeks to enhance punishment for those who promote or participate in such marriages.

The Act aims to:

• Prevent the occurrence of child marriages.
• Protect children who are already victims of such marriages.
• Provide legal remedies, including annulment, maintenance, and custody.
• Appoint officers at the state level to stop child marriages.

Through this legislation, the government sought to eliminate the social evil of child marriage and create a system of accountability for parents, relatives, priests, and others who encourage or support such practices.

Structure of the Prohibition of Child Marriage Act, 2006

The Prohibition of Child Marriage Act, 2006 consists of 21 sections. It applies to the whole of India, including all citizens living abroad. However, it does not apply to Renoncants of the Union Territory of Puducherry, who are governed by French law.

The Act provides a complete framework for prohibition, punishment, and protection related to child marriages.

Key Definitions under Section 2

The Act defines certain key terms to ensure clarity and uniform application:

• Child: A male who has not completed 21 years of age, and a female who has not completed 18 years of age.
• Child Marriage: A marriage where either of the contracting parties is a child.
• Contracting Party: Either of the parties whose marriage is or is about to be solemnised.
• Minor: A person who has not attained majority under the Majority Act, 1875.
• District Court: Includes a Family Court or the principal civil court of original jurisdiction, depending on the area.
• Child Marriage Prohibition Officer: The officer appointed by the State Government to prevent child marriages and perform other duties as specified in the Act.

These definitions are the foundation for understanding the rights, duties, and punishments provided under the Act.

Voidable Marriages (Section 3)

The Act makes every child marriage voidable at the option of the contracting party who was a child at the time of the marriage.

• The minor can file a petition in the district court to annul the marriage.
• The petition must be filed before the child completes two years after attaining majority.
• If the petitioner is still a minor, the application may be filed through a guardian or next friend, along with the Child Marriage Prohibition Officer.

When granting a decree of nullity, the district court may order both parties and their parents or guardians to return all money, ornaments, gifts, and valuables received at the time of the marriage.

In some states like Karnataka, child marriages solemnised after the state amendment of 2017 are void ab initio, meaning they are automatically invalid.

Maintenance and Residence of Female Contracting Party (Section 4)

If a child marriage is annulled, the district court may order the male contracting party to provide maintenance to the female contracting party until her remarriage.

• If the male party is a minor, his parents or guardian will be responsible for paying maintenance.
• The court determines the amount based on the needs of the child, the lifestyle during marriage, and the financial condition of the paying party.
• Maintenance may be paid monthly or as a lump sum.
• The court may also provide a suitable residence order for the female contracting party until her remarriage.

Custody and Maintenance of Children (Section 5)

Where children are born out of a child marriage, the district court must ensure their welfare and protection.

• The court decides who will have custody of the children, keeping the best interests of the child as the main priority.
• It may also provide visitation rights to the other parent and issue maintenance orders for the child.
• The law recognises that children born from such marriages are legitimate, even if the marriage is later annulled.

Power to Modify Orders (Section 7)

The district court has the authority to add, modify, or revoke any order made under Section 4 or Section 5 if there is a change in circumstances, even after the final disposal of the case.

Jurisdiction of Courts (Section 8)

Petitions under this Act may be filed before the district court having jurisdiction over:

• The area where the defendant or child resides,
• The place where the marriage was solemnised,
• The place where the parties last resided together, or
• The place where the petitioner resides at the time of filing the petition.

This ensures that access to justice is not denied due to geographical limitations.

Offences and Punishments under the Prohibition of Child Marriage Act, 2006

The Act prescribes strict punishments to ensure deterrence and accountability.

• Punishment for Male Adult (Section 9): Any male above 18 years of age who marries a child faces rigorous imprisonment up to 2 years or fine up to ₹1 lakh, or both.
• Punishment for Solemnising a Child Marriage (Section 10): Anyone who conducts, directs, or abets a child marriage is subject to the same punishment, unless they prove that they had reasons to believe it was not a child marriage.
• Punishment for Promoting or Permitting a Child Marriage (Section 11):
  Parents, guardians, or anyone responsible for a child who permits, promotes, or negligently fails to prevent the marriage can face up to 2 years’ imprisonment and fine up to ₹1 lakh. However, no woman shall be imprisoned under this section.
• Cognizable and Non-Bailable Offence (Section 15): All offences under the Act are cognizable and non-bailable, giving the police the power to act immediately without requiring a warrant.

The Karnataka Amendment (2017) made imprisonment mandatory for at least one year, with a maximum of two years, and directed police officers to take suo motu cognizance of offences.

Marriage Declared Void in Certain Circumstances (Section 12)

A child marriage becomes null and void when:

• The minor child is taken or enticed away from lawful guardianship,
• The child is forced or deceitfully induced into marriage, or
• The child is sold or trafficked for the purpose of marriage or immoral activities.

Such marriages are automatically invalid, and no further declaration is required from a court.

Injunction to Prevent Child Marriage (Section 13)

A Judicial Magistrate of the First Class or a Metropolitan Magistrate can issue an injunction to stop a child marriage from being solemnised.

• The application can be made by the Child Marriage Prohibition Officer, any person with personal knowledge, or even non-governmental organisations.
• The court can also act suo motu (on its own).
• In urgent cases, the magistrate may issue an interim injunction without prior notice.

Disobeying an injunction is punishable with up to 2 years’ imprisonment or fine up to ₹1 lakh, or both. Marriages solemnised in violation of such injunctions are void ab initio.

Child Marriage Prohibition Officers (Section 16)

The State Government appoints Child Marriage Prohibition Officers (CMPOs) to prevent and monitor cases of child marriage.

Their duties include:

• Taking action to prevent child marriages.
• Collecting evidence for effective prosecution.
• Advising communities not to promote or help in child marriages.
• Creating awareness about the harms of child marriage.
• Sensitising society and providing counselling to families.
• Submitting reports and statistics to the State Government.

They can also approach courts under Sections 3, 4, 5, and 13. The officers are deemed public servants and are protected from legal action for acts done in good faith.

Other Provisions

• Section 19: Empowers State Governments to frame rules for implementing the Act.
• Section 20: Amends Section 18 of the Hindu Marriage Act, 1955, increasing punishment for child marriage to 2 years’ imprisonment or fine up to ₹1 lakh.
• Section 21: Repeals the Child Marriage Restraint Act, 1929, but keeps pending cases valid under that law.

Prohibition of Child Marriage (Amendment) Bill, 2021

In December 2021, the Prohibition of Child Marriage (Amendment) Bill was introduced in the Lok Sabha. The Bill seeks to raise the minimum age of marriage for women from 18 to 21 years, bringing it at par with men.

The proposal was referred to the Parliamentary Standing Committee for detailed examination. The government based this amendment on recommendations of the Jaya Jaitly Committee and data from the National Family Health Survey (NFHS), which indicated that child marriage continues to affect millions of young girls in India.

If enacted, this amendment will override all existing personal laws and further strengthen the legal framework against child marriage.

Conclusion

The Prohibition of Child Marriage Act, 2006, is a progressive step towards protecting the rights and dignity of children in India. It not only prohibits child marriage but also provides legal remedies to victims, ensures legitimacy of children born from such marriages, and empowers authorities to act swiftly.

However, despite its strict provisions, the implementation of the law remains a challenge in rural and socially backward areas. Awareness, education, and community involvement are essential to bring real change. The 2021 Amendment Bill, once passed, will further reinforce gender equality and ensure a safer and fairer society for young girls and boys in India.