LAWS AGAINST CHILD MARRIAGE

WHAT IS A CHILD MARRIAGE?Child marriage,definedas a formalmarriageor informal union before age 18, is a reality for both boys and girls, although girls are disproportionately the most affected.Child marriageis widespread and can lead to a lifetime of disadvantage and deprivation.

WHY DOES CHILD MARRIAGE HAPPEN?TraditionPovertySecurity of Girl Child (Daughters)Gender Role (Not Value of girls)

LAWS AGAINST CHILD MARRIAGETHE PROHIBITION OF CHILD MARRIAGE ACT, 2006The 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. PCMA has been enforced with effect from 1st November, 2007. It makes child marriage an offence and prescribes punishment for those conducting/ abetting/ promoting/permitting/ solemnizing child marriages.It provides powers to the State Government to appoint Child Marriage Prohibition Officers (CMPO) and makes child marriages voidable by giving choice to the children in the

LAWS AGAINST CHILD MARRIAGECHILD MARRIAGE RESTRAINT ACT 1929Child Marriage Restraint Act 1929 popularly known as the Sarda Act after its sponsor Rai Sahib Harbilas Sarda to the British India Legislature in India was passed on 28 September 1929, fixed the age of marriage for girls at 14 years and boys at 18 years. It came into effect six months later on April 1, 1930 and it applies to all of British India, not just to Hindus.It was a result of social reform movement in India. The legislation was passed by the British Indian Government

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.

Implementation StatusThe Ministry reviewed the implementation of the Act in the Conference of State Ministers / State Secretaries of Women and Child Development held on 16 -17th June, 2010. All States / UTs were again requested to frame Rules under the Act and to appoint Child Marriage Prohibition Officers. So far, 18 States/UTs have framed Rules under the Act

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 2006Child Line

(A complaint can be filed by any person, including those who report an incidence of child marriage. Such persons may include)WHERE TO FILE A COMPLAINT?