Objective:

The objective of this Act is to prohibit solemnization of marriage where either the groom or the bride is below the marriageable age (18 years in case of girls and 21 years for boys). To ensure that child marriage is eradicated from the society, the Government of India enacted Prevention of Child Marriage Act 2006 by replacing the earlier legislation of Child Marriage Restraint Act, 1929. This new  Act is armed with enabling provisions to prohibit child marriage, protect and  provide relief to victim and enhance punishment for those who abet, promote or  solemnize such marriage.

• Definitions:
  • Child: A child is a person who has not completed 21 years in case of male and 18 years in case of female.
  • Contracting party: Either of the parties whose marriage is or is about to be solemnized.
  • Child marriage: A marriage in which either party is a child.
  • Minor: A person who is not deemed to be major under Majority Act.
  • Voidable marriage: (Section 3) Every child marriage is voidable at the option of the contracting party who was child at the time of solemnization of marriage. A decree of nullity can be obtained by such person by filing petition before the District court for annulment of marriage within 2 years after attaining majority. While granting a decree, the district court shall make an order directing both parties and their parents or guardians to return to the other party, money, gold, ornaments, gifts and other valuables.

To whom and where complaint can be made regarding child marriage?

• Call 1098, 1090 or 100
• Complaint can be directly made to Child Marriage Prohibition Officer
• The nearest police station
• To District Magistrate

What are the duties of Child Marriage Prohibition officers?

• To prevent child marriage by taking action to stop the marriage by getting an injunction or police help.
• To collect evidence for effective prosecution of cases of child marriage
• To advise the locals not to indulge in promoting or helping or allowing solemnization of child marriage
• To create awareness of the evil of such child marriage
• To sensitize the community on the issue
• To furnish periodical statistics when the government may direct
• Such other duties assigned by the Government.

What is an Injunction?

The Judicial First Class magistrate / Metropolitan Magistrate have power to issue an injunction prohibiting child marriage which can be done by an application from the Child Marriage Prohibition officer on receipt of any complaint or even Suo motu and if the court is satisfied that a child marriage in contravention to the Act is arranged or about to be solemnized, court shall issue injunction against any person including a member of any organization prohibiting such marriage.

Usually, injunction is issued against any person after giving him notice and an opportunity to show cause, however, in case of urgency, the court has power to issue interim injunction without giving any notice. A person disobeying the injunction shall be punishable with imprisonment for a term which may extend up to two years and fine which may extend to Rs. One lakh or both. No women shall be punishable with imprisonment under this Act. For preventing mass child marriages on certain days such as Akshaya Tritiya, the District Magistrate assumes the power of CMPO to prevent solemnizing of child marriage and he can even use force to prevent such marriage. Any child marriage solemnized in contravention to the injunction order issued will be null and void.

Under this act when all is a marriage null and void?

• Where minor child is taken or enticed out of the keeping of legal guardian
• By force compelled or by any deceitful means induced to go from any place
• Is sold for the purpose of marriage and go through a form of marriage or
• If the minor is married after which the minor is sold off or trafficked or used for immoral purpose

What are the Offences and punishments under this Act?

1) Punishment for male adults: If an adult male who is above 18 years of age contracts child marriage, he shall be punishable with rigorous imprisonment for two years or with fine which may extend to one lakh rupees or both.

2) Punishment for solemnizing marriage: If a person performs, conducts, directs or abets any child marriage, he shall be punishable with rigorous imprisonment for two years or with a fine which may extend to one lakh rupees or both.

3) Punishment for promoting/permitting solemnization of marriage: Any person having charge of the child whether parent or guardian or any other person including member of an organization or association of persons who does any act to promote child marriage or permit child marriage or negligently fails to prevent it from being solemnized, including attending or participating such marriage, shall be punishable with rigorous imprisonment for up to two years or with fine which may extend to one lakh rupees or both.

Offense under this Act is cognizable and non-bailable