The child marriage restraint amendment act, 1978 now raises the minimum age of. Whereas it is expedient to restrain the solemnisation of child slideshare uses cookies to improve functionality and performance, and to. The object is to eliminate the special evil which had the potentialities of dangers to the life and health of a female child, who could not withstand the stress and strains of married life and to avoid early deaths of such minor mothers. Repealed by the child marriage restraint amendment act, 1949 41 of 1949, sec. Power of district court to modify orders issued under section 4 or section 5. This ordinance og 643 amends the common law by setting forth additional grounds for divorce. To make the general public aware and conscious about restraint of child marriage, the law may be publicized in the print and electronic media after translating it in regional languages. The marriage act chapter 50 of the laws of zambia chapter 50 the marriage act the marriage act arrangement of sections part i generalpart i general section 1. Feb 27, 2017 on monday, the child marriage restraint bill 2017 was passed in voice vote to child marriage restraint act 2017 when state minister for women and children affairs meher afroz chumki placed it. One very much wished that the matter was considered more deeply and widely. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys.
An act to restrain the solemnisation of child marriage. Child marriage restraint act commonly known as sarda act was passed in 1929 which raised the marriageable age for girls to 14 and for boys to 18 years. Short title extent and commencement further to amend the child marriage restraint act, isis no xix of isze. The new addition of the child marriage restraint act still needs a seal of approval from abdul hamid, the president of bangladesh to be finalized as law. Download beautiful pdf for prohibition of child marriage act, 2006 2 it extends to the whole of india except the state of jammu and kashmir. Part i preliminary 1 short title this act may be cited as the marriage act chapter 5. Child marriage bill withdrawn global legal monitor. Restraint of marriage definition is a condition attached to a gift or bequest or in a contract that nullifies the grant if the donee or grantee marries and is usually void if general and unlimited in scope. In 1978, the law was amended to make it more effective and raise the minimum age of marriage by. Originally, the age limit for a male was eighteen years and for a female fourteen years. Marriage act an act to make provisions for the celebration of marriages. Within the national legal framework of bangladesh, the child marriage restraint act, 1929 cmra 2 is the main law concerning child marriage and the obligations of persons 1 united nations childrens fund unicef, early marriage in south asia. Nov 15, 20 child marriage is an ageold practice that has both social and religious sanction and cuts across all sections of society. An act to provide for the prohibition of solemnisation of child marriages and for matters connected therewith or incidental thereto.
Although the rate of child marriage is decreasing for children under the age of 15, the rate of marriage for girls aged 1518 has increased from 26. There are some controversies existing regarding the marriageable age of girls, particularly muslim girls. The child marriage restraint act 1929 was a dead legislation that largely existed on paper. Apr 29, 2014 the sindh child marriage restraint act prohibits child marriages under section 3, which states. Government of india enacted the prohibition of child marriage act, 2006 replacing the earlier legislation of child marriage restraint act, 1929. Back then, the only legislation on child marriages in pakistan was the child marriage restraint act 1929, which originally stated that a girl was of marriageable age when she turned 14. Short title extent and commencement 1 this act may be called the child marriage restraint act, 1929. They played a major role in the development of argument and actively used the device of political petition and in the process contributed in the field of politics. Be it enacted by parliament in the fiftyseventh year of the republic of india as follows. Moreover, the act did not reach the population in the villages for lack of publicity. Child marriage is considered to be a violation of human rights, according to unicef.
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. The child marriage restraint act, 1929, hereinafter referred to as. It is popularly known as the sarda act, after its sponsor harbilas sarda. At present the whole affairs is governed by child marriage restraint act 1929, the rephrased version of the sharda act. State amendment gujarat in its application to the state of gujarat, section 10 is deleted. On paper, child marriage has been illegal in bangladesh since the adoption of the child marriage restraint act of 1929. Jul 02, 2015 by sheer numbers, child marriage in india dwarfs the rest of the world. To eradicate the evil of child marriage, the child marriage restraint act was passed in 1929. Ambala police have registered a case under relevant sections of the child marriage restraint act and the indian penal code ipc after parents of a minor girl attempted to marry her of. A bill further to amend the child marriage restraint act, 1929, 2, national assembly website last visited jan.
Whereas it is expedient to restrain the solemnization of child marriages. Whereas it is expedient to restrain the solemnisation of child marriages. Prohibition of child marriage act, 2006 updated bare act. The pdf for prohibition of child marriage act, 2006 also has internal links to help you read those sections or bare acts quickly the pdf for prohibition of child marriage act, 2006 is fit for mobile phones and has a good font.
Provided that nothing contained in this act shall apply to the renoncants of the union. Nov, 2015 the law commission dealt extensively with the indian contract act, 1872 and suggested several changes by attaching a draft bill as appendix of the commission report wherein it proposed the substitution of several sections including section 26 of the act, thus, desiring to bring in a change in the law relating to agreements in restraint of marriage. This act may be cited as the marriage act chapter 5. Child marriage under hindu personal law indian law. Bangladesh parliament passes law allowing child marriage in. An act to restrain the solemnisation of child marriages. In 1978 the marriageable age for girls and boys was increased to 18 and 21 years respectively.
Bangladesh child marriage law could violate girls rights. Child marriage restraint act, 1929 pakistan lawyer. Matrimonial causes jurisdiction act 22 of 1939, as amended in south africa to november 1979. The fact of the matter is what we are doing in 1976 we should have done in 195455. The minimum legal age for marriage, since 1978, has been 18 for women and 21 for men. Power to issue injunction prohibiting marriage in contravention of this act. An act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Child marriage restraint act is repealed by this new act. Restraints of marriage are usually void if they are general or unlimited in scope. By shyikh mahdi the national parliament of bangladesh passed the child marriage restraint act2017 bill today february 27, 2017, with a special provision that allows a boy or a girl to get married before reaching the statutory age limit in some exceptional cases. In this act registrargeneral, civil registrar, marriage officer mean respectively registrargeneral of marriages, civil registrar of marriages and marriage officer under this act. Initially, it was the disapproval and allegations of cultural interference by orthodox communities in india that put the cause on the back. Air1997guj185 child within the child marriage restraint act is void ab initio. The act envisages preventing child marriages with enhanced punishments of rigorous imprisonment for two years andor fine of inr 1 lakh.
An act to restrain the solemnization of child marriages. Restraint of marriage definition of restraint of marriage. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. Provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry. The child marriage restraint act, 1929 19 of 1929 an act to restrain the solemnisation of child marriage. That law was questioned by muslims, then superseded by personal law applicable only to muslims in british india with muslim personal law shariat application act of 1937. In its current form, the act defines a child to mean a person who, if a male, is under eighteen years of age, and if a female, is. Jun 12, 2014 according to the act, whoever, being a male above 18 years of age, contracts a child marriage shall be punished with rigorous imprisonment which may extend to three years but shall not be less. The child marriage restraint act, 1929, was enacted with a view to prevent child marriages, namely, a marriage to which either of the contracting parties is under a specified age.
This law was amended in 1978, wherein the legal age of marriage of girls was raised from 15 to 18 years and of boys from 18 to 21 years. Government of the republic of zambia special licence means a special licence granted under section twelve. The national parliament of bangladesh passed the child marriage restraint act 2017 bill today february 27, 2017, with a special provision that allows a boy or a girl to get married before reaching the statutory age limit in some exceptional cases. In the meantime, humanitarian organizations are urging the government to reconsider the law and the detrimental damage it would do in limiting education, increasing health risks for. Marriage the prohibition of child marriage act, 2006 the 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. It came into effect from 1 november 2007, replacing the child marriage restraint act cmra of 1929 or sharda act. India has the highest number of child brides of any country. The child marriage restraint act, 1929 laws of india. In this act, unless there is anything repugnant in the subject or context.
The problem with the child marriage act the daily star. It came into effect six months later on 1 april 1930 and applied to all of british. S2 b of the prohibition of child marriage act, 2006 child or minor under this law is defined as 18 years in the case of girls and 21 years in the case of boys. It was defined by the child marriage restraint act in 1929, and it set the minimum age of marriage for men as 18, and women as 15. Child marriage is complex subject under indian law. Child marriage in india, according to the indian law, is a marriage where either the woman is.
The prohibition of child marriage act, 2006 wikipedia. Child restraint act was amended in 1978 to increase the minimum age of marriage to 18 for girls and 21 for boys. Publisher, national legislative bodies national authorities. The child marriage restraint act was the first social reform issue which was taken up by the organized women in india. As a result of the ineffectiveness of child marriage restraint act, 1929, a new legislation to replace it was enacted in the form of prohibition of child marriage act, 2006.
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 solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with 9 simple imprisonment which may extend to three months and shall. Child marriages persist in rural india asian tribune. Marriage restraint act, 1929 for consideration of the commission, which need to be implemented. Bangladesh and the child marriage restraint act 2016. For all others, the prohibition of child marriage act of 2006 defines child marriage. Xix of 1929, hereinafter referred to as the said act, in section 2 for paragraph a, the following. The members of na who voted in favor of passing child marriage restraint act 1929 deserve praise for undoing a wrong. Restraint of marriage law and legal definition restraint of marriage refers to a condition that nullifies the grant to which it applies if the grantee marries or remarries. Child marriage is an ageold practice that has both social and religious sanction and cuts across all sections of society. This act may be called the child marriage restraint act, 1929.
Restraint of marriage law and legal definition uslegal, inc. The child marriage restrain act, 1929 united nations. The prohibition of child marriage act, 2006 advocatekhoj. It was obeyed in its breach more than in its observance. The child marriage prohibition officers are deemed to be public servant and no suit will lie on the action taken by the child marriage prohibition officers in good faith. The sharda act, 1929 increased marriageable age of males and females. The bill finally culminated into the child marriage restraint act, 192934. The law commission dealt extensively with the indian contract act, 1872 and suggested several changes by attaching a draft bill as appendix of the commission report wherein it proposed the substitution of several sections including section 26 of the act, thus, desiring to bring in a change in the law relating to agreements in restraint of marriage. Child 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. Recognising 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 181. The child marriage restraint act, 1929 laws of bangladesh. Child marriage restraint act 1929, india britannica. Short title this act may be cited as the marriage act.
A marriage to which either of the contracting party is a child. The child marriage restraint act, 1929 an act to restrain the solemnisation of child marriages. Whoever, being a male above eighteen years of age, contracts a child marriage shall be punished with rigorous imprisonment which may extend to three years but shall not be less than two years and shall be liable to fine. Legislating to protect a childs innocence pakistan dawn. Bangladeshs new child marriage restraint act is an important step but it contains a provision that would allow girls below the age of 18 to be married under special circumstances. That provision has the potential to violate the rights of thousands of girls. 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 solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with 9 simple imprisonment which may extend to three months and shall also be liable to.
This legislation is armed with enabling provisions to prohibit child marriages, protect and provide relief to victims and enhance punishment for those who abet, promote or solemnize such marriages. Ii of 1963 and to laccadive, minicov and amindivi islands by reg. Marriage and divorce 1 marriage and divorce divorce laws amendment ordinance 18 of 1935. The child marriage restraint amendment act, 2016 national. It came into effect six months later on 1 april 1930 and applied to all of. Handbook on the prohibition of child marriage act, 2006. By shyikh mahdi the national parliament of bangladesh passed the child marriage restraint act 2017 bill today february 27, 2017, with a special provision that allows a boy or a girl to get married before reaching the statutory age limit in some exceptional cases. Prohibition of child marriage act, 2006 pdf download. Child marriage restraint act judgments legalcrystal. The child marriage restrain act linkedin slideshare. The marriage laws amendment act, 1976 siff for mens. Whereas it is expedient further to amend the child marriage restraint act, 1929, to make appropriate amendments to strictly punish child marriages. Although the marriage laws amendment act, 1976 contains some very useful reforms, yet it is a big question mark whether the people will take pride that they have an ideal matrimonial law.
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