1. A PRESENTATION ON THE CHILD MARRIAGE RESTRAINT ACT, 1929 & THE PROHIBITION OF CHILD MARRIAGE ACT2006 by R.Nandhini 12MSW021

2. What is a child marriage? It is a marriage to which either of the contracting party is a child. Child or minor under this law is defined as18 years in the case of girls and 21 years in the case of boys.

3. Child marriage is an age-old practice that has both social and religious sanction and cuts across all sections of society. Recognizing child marriage as a social evil, the Child Marriage Restraint Act (CMRA) 1929, popularly known as the Sharda Act, prohibited child marriages of girls below the age of 15 years and of boys below the age 18.

4. This law applied to all citizens of India. In 1928, the law was amended to make it more effective and raise the minimum age of marriage by three years i.e. from 15 to 18 years in case of girls and from 18 to 21 years in case of boys. The amended law came to be known as the Child Marriage Restraint Act, 1929. However, despite the law, child marriages continued to take place.

5. Reasons Why Child Marriages Continue A girl child is generally considered to be a burden, Lower dowry when the bride and the groom are young. The demand for a younger bride. Safety of the girl child from sexual violence. Way to secure the girl’s future socially and economically. way to secure the girl’s future socially and economically. poor implementation of the law

6. Consequences of Child Marriage Human Rights Violation: A violation of Child Rights to a free life devoid of exploitation, full care and protection. Denial of basic right to a respectful and decent childhood their basic rights to good health, nutrition, education, and freedom from violence, abuse and exploitation. Subjection to Physical, mental and emotional trauma and also life threatening

circumstances to which the child is not prepared what awaits hi, Marriage entails family and societal responsibilities and also acts as license though illegal in context of child marriage to engage in sexual activity amounting to child sexual abuse and rape. Exposure to high risk diseases HIV/AIDS & STI; poor health and quality of life

7. Child Marriage Restraint Act, 1929 Definitions In this Act, unless there is anything repugnant in the subject or context, (a) “child” means a person who, if a male, is under eighteen years of age, and if a female, is under sixteen years of age; (b) “child marriage” means a marriage to which either of the contracting parties is a child; (c) “contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnized; (d) “minor” means person of either sex who is under eighteen years of age, (e) “Union Council” means the Union Council or the Town Committee constituted under the Law relating to Local Government for the time being in force.

8. PUNISHMENTS Punishment for male adult above eighteen years of age marrying a child. Whoever, being a male above eighteen years of age, contracts child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both. Punishment for solemnizing a child marriage. Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.

9. Punishment for parent or guardian concerned in a child marriage. 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 solemnized, or negligently fails to prevent it from

being solemnized, shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both: Provided that no woman shall be punishable with imprisonment. For the purpose of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnized.

10. Imprisonment not to be awarded for offence under section 3. Notwithstanding anything contained in section 25 of the General Clauses At, 1897, or section 64 of the Pakistan Penal Code, Court sentencing an offender under section 3 shall not be competent to direct that, in default of payment of the fine imposed, he shall undergo only term of imprisonment. Jurisdiction under this Act. Notwithstanding anything contained in section 90 of the Code of Criminal Procedure, 1898, no Court other than that of a Magistrate of the First Class shall take cognizance of or try any offence under this Act. Mode of taking cognizance of offence. No Court shall take cognizance of any offence under this Act except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken after the expiry of one year from the date on which the offence is alleged to have been committed.

11. Power to issue injunction prohibiting marriage in contravention of this Act. Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnized, issue an injunction against any of the persons mentioned in sections 3, 4, 5 and 9 of this Act prohibiting such marriage. No injunction under sub-

section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to showcause against the issue of the injunction. The Court may either on its own motion or on the application of any person aggrieved, rescind or alter any order made under sub-section (1).

12. Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader, and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing. Whoever, knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both: Provided that no woman shall be punishable with imprisonment.

13. The Prohibition of Child Marriage Act, 2006 The Prohibition of Child Marriage Act, 2006 was notified on 10 January2007. To effectively deal with the problem of child marriages in India and to put in place a comprehensive mechanism.

14. Whom Does it Apply to? It applies to all citizens of India irrespective of religion, without and beyond India. It however, does not apply to the State of Jammu and Kashmir. It excludes the Renoncants of the Union Territory of Pondicherry from its application. For them the French Civil Laws are applicable as they are treated as citizens of France.

15. What Does this Law Provide for? The basic premise of the law is: To make a child go through a marriage is an offence. Child or minor is a person up to 18 years in the case of girls and 21 years in the case of

boys. The provisions of this law can be classified into three broad categories: A. Prevention B. Protection C. Prosecution of Offenders

16. Prevention The law seeks to prevent child marriages by making certain actions punishable and by appointing certain authorities responsible for the prevention and prohibition of child marriages. These persons are responsible for ensuring that the law is implemented. It is also the responsibility of the community to make use of the law.

17. Protection 1. The law makes child marriages voidable by giving choice to the children in the marriage to seek annulment of marriage. 2. It provides for maintenance and residence of the female contracting party. 3. It gives a legal status to all children born from child marriages and makes provisions for their custody and maintenance. 4. The law provides for all support and aid including medical aid, legal aid, counselling and rehabilitation support to children once they are rescued.

18. The Child Marriage Prohibition Officer has been empowered: To provide necessary aid to victims of child marriage. To provide legal aid. 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

19. Prosecution of Offenders 1. The law provides for punishment for an adult male above 18 years of age marrying a child. 2. It also lays down punishment for those performing/conducting/ abetting a child marriage. 3. It prescribes punishment for promoting or permitting solemnisation of child marriage, including for parents, guardians or any other person/association/organisation. 4. The law clearly states that women offenders in any of the above categories cannot be punished with imprisonment. However, they can be penalized by way of imposition of a fine.

20. Mechanisms under the law The authorities identified for prohibiting child marriage under the present law are: 1. Child Marriage Prohibition Officer 2. District Magistrate 3. First Class Judicial Magistrate or Metropolitan Magistrate 4. Police 5. Family Courts 6. Any person(s) called upon by the State Government to assist the Child Marriage Prohibition Officer. These could include a respectable member of the locality with a record of social service, officer of the Gram Panchayat or Municipality, officer of the government or public sector undertaking, office bearer of any non-governmental organisation

21. Reporting Child Marriages Any person can report an incidence of child marriage before or after it has been solemnised. An immediate report needs to be made to: The Police The Child Marriage Prohibition Officer or such persons as may be appointed to assist him/her First Class Judicial Magistrate or Metropolitan Magistrate Child Welfare Committee or a member of the Child Welfare Committee set up under the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended in 2006 Child Line District Magistrate

22. Where to File a Complaint? Police Station :The police must make a DD entry (an entry in the Daily Diary Register maintained at every police station) and register an FIR (First Information Report) based on such complaint. District Magistrate : A complaint can also be filed with a Judicial Magistrate of First Class or a Metropolitan Magistrate. Child Welfare Committee or a member of the Child Welfare Committee set up under the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended in 2006 Child Line (A complaint can be filed by any person, including those who report an incidence of child marriage. Such persons may include)

23. Persons Who can be Punished Under the Law Include • Whoever performs, conducts or directs or abets any child marriage (Section 10, PCMA 2006) • A male adult above 18 years marrying a child (Section

9, PCMA 2006) • Any person having charge of the child, including 1. 2. parent or guardian any member of organisation or association, promoting, permitting, participating in a child marriage or failing to prevent it(Section 11, PCMA 2006).

24. Offenders could Include Amongst Others The guardians/parents of both parties Priests Relatives/friends of both parties Neighbours of both parties Community leaders who give patronage to such marriages Marriage bureaus/persons responsible for fixing marriages Traffickers The bridegroom if he is over 18 years of age Caterers and other service providers