The Child Marriage Restraint Act was a legislative act passed on 28 September 1929. The act fixed the marriageable age for girls at 14 years and 18 years for boys. It is popularly known as the Sharda Act after its sponsor, Harbilas Sarda.
The Prohibition of Child Marriage Act, 2006, presently sets the marriageable age to be 18 and 21 for boys and girls respectively.
Overview of the Child Marriage Restraint Act
Child Marriage Restraint Act, 1929
| Long Title | An Act to define the age of marriage in India |
| Territorial Extent | The whole of British India, with Princely states being exempted. |
| Enacted by | Imperial Legislative Council |
| Enacted | 28 September 1929 |
| Commenced | 29 September 1929 |
| Status | Amended |
How was the Child Marriage Restraint Act Formed?
- Various bills addressing questions on the age of consent were introduced in the Indian legislatures and defeated. The All India Women’s Conference, Women’s Indian Association and National Council of Women in India, through their members developed and articulated the argument in favour of raising of the age for marriage and consent before the Joshi Committee.
- Muslim women presented their views to the Joshi Committee in favour of raising the age limit of marriage even when they knew that they would face opposition from Muslim Ulemas.
- The Joshi Committee presented its report on 20 June 1929 and was passed by the Imperial Legislative Council on 28 September 1929 and became a law on 1 April 1930, after approval from Lord Irwin extending to the whole of British India.
- It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities.
Objectives of the Act
The primary object of the Act is to prohibit solemnization of child marriage. This Act is armed with enabling provisions to prohibit child marriages and provide relief to victims and enhance punishment for those who abet, promote or solemnise such marriages. As per the act, the age of marriage for boys is 21, and for girls, it is 18, and any marriage of people below this age will be considered as a child marriage which is illegal, an offence and is punishable under the law.
The below following are the objectives of this legislation
- The Act makes child marriage voidable.
- The Act also allows for maintenance and residence for the girl till her remarriage from the male contracting party or his parents.
- All the punishments contemplated under the Act are quite enhanced as compared to the 1929 Act.
What is the significance of the Child Marriage Restraint Act?
- The Child Marriage Restraint Act was the first social reform issue taken up by an organized women’s group in India.
- This group pressured many politicians into supporting the act by picketing their delegations, holding placards, and shouting slogans.
- They believed that the passing of this act would show the world that India is serious about social reforms.
- By showing support for this act, women in India were challenging the double standards of the ancient Shastras. Declaring they would begin to make their own laws, free of male influence, the women’s organization brought liberal feminism to the forefront.
- Although this was a victory for the women’s movement in India, the act itself was a complete failure. In the two years and five months, it was an active bill, there were 473 prosecutions, of which only 167 were successful.
- The list goes on with 207 acquittals, with 98 cases still pending during August 1932. Out of the 167 successful prosecutions, only 17 or so did either all of or part of their sentence.
- The majority of cases were in Punjab and the United Provinces.
- However, the Act remained a dead letter during the colonial period of British rule in India.
- As per Jawaharlal Nehru, this was mainly because the British colonial government did nothing to propagate awareness of it, especially in smaller towns and villages of India.
- In his autobiography, Nehru elucidates that this was largely due to the fact that the British did not want to earn the displeasure of the communal elements among the Hindus and Muslims.
- In the 1930s, the only parties in India that continued to support British rule were these communal groups. The British government did not wish to lose its support.
- Hence, they completely avoided implementing this and similar social reforms, instead of focusing their attention on preventing the Indian freedom movement. Thus, their infamous “Dual Policy” prevented any significant social reform in India.
Implementation of the Act
Prevention
The law seeks to prohibit child marriages by making specific actions punishable and by appointing certain authorities responsible for the prohibition and prevention of child marriages. These persons are responsible for ensuring that the Act is implemented. Child Marriage Prohibition Officers (CMPO) are to be appointed in every state to prohibit child marriages, ensure the protection of the victims as well as prosecution of the offenders. The Act lays down penal provisions for those who solemnise child marriages. The Prohibition of Child Marriage Act, under section 11 provides punishment for those who permit and promote child marriages.
Protection
The law provides for all support and aid including medical aid, legal aid, counselling and rehabilitation support to children once they are rescued. It gives legal status to all children born from child marriages and makes provisions for their custody and maintenance. It provides for the residence and maintenance of the female contracting party.
Prosecution of Offenders
The law provides for punishment for a male above 18 years of age marrying a child. The Child Marriage Prohibition Officer has been empowered to provide necessary and legal aid to victims of child marriage and to produce children in need of care and protection before the Child Welfare Committee or a First Class Judicial Magistrate, where there is no Child Welfare Committee.
Child Marriage Prohibition Officers
A child marriage prohibition officer is deemed a public servant in this act. The Child Marriage Prohibition Officer (CMPO), who is responsible for ensuring no child marriage, takes place in their jurisdiction by approaching the courts for the following reasons listed below:
- Revention of child marriages
- Collecting the proof for Prosecution
- Creating strong awareness about the issue and the Act
- Counselling and advising individuals against early marriage
- Sensitising the community
- Maintaining and distributing statistics
Child Marriage to be Voidable
- Every child marriage shall be voidable whether solemnised before or after the commencement of this Act, at the option of the contracting party who was a child at the time of the marriage.
- The annulment of child marriage can be sought within two years after the child who was a party to the marriage had attained majority.
- Only the children in the marriage themselves can file a petition for voidability or annulment of marriage. And if the petitioner is a minor as per PCMA, the petition can be filed through a guardian or the next best friend of the married child (who must be an adult of 18 years or more), along with the Child Marriage Prohibition Officer (CMPO).
- The District Court can grant nullity of marriage. The District Court includes the Family Court and Principal Civil Court of Original Jurisdiction, and any other civil court specified by the State Government.
Petition to Nullify Child Marriage
The petition to nullify the child marriage can be made in court only by the girl or boy, who are below 18 years of age at the time of marriage. However, a guardian along with the Child Marriage Prohibition Officer (CMPO) can file the annulment petition on behalf of the child, if they are is still minor.
Under specific conditions, child marriages can be declared null and void by the Courts. These include:
- Where a marriage has been solemnised despite an injunction order passed under section 13 to prohibit the child marriage from taking place.
- When the child is taken away from their legal guardian by force or deceit are also valid legal grounds for nullifying the marriage.
- When the child is trafficked for marriage or sold are legal for nullifying the marriage.
Authorities for Reporting Child Marriages
Any person can report an incidence of child marriage before or after it has been solemnised. A complaint can be filed with the below following authorities.
- Nearby Police station.
- Metropolitan Magistrate or a Judicial Magistrate of First Class
- ChildLine/ District Magistrate
- Child Welfare Committee
Punishments under the Law
Child marriage is an offence punishable with hard imprisonment or with fine or both. The courts can issue injunctions prohibiting solemnisation of child marriages. The offences under the Act are cognisable and are non-bailable. The persons who can be punished under the law includes,
- Any person who conducts or directs or abets any child marriage.
- A male adult above 18 years who marries a child
- Any person having charge of the child, including parent or guardian or any member of the organisation, promoting, permitting, participating in a child marriage or failing to prevent it.
FAQs
What is the Child Marriage Restraint Act, 1929 and what was the objective of introducing it?
The Child Marriage Restraint Act was passed in 1929, wherein, the minimum age for a girl’s marriage was set to 14 years and that for boys was fixed at 18 years. The Act was later amended and the age for girls was fixed at 18 years and for boys was changed to 21 years.
What is the punishment for child marriage?
Anybody found conducting, directing or performing a child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees.