PROHIBITION OF CHILD MARRIAGE ACT, 2006
(1) This Act may be called the Prohibition of Child Marriage Act, 2006.
(2) It extends to the whole of India except the State of Jammu and Kashmir; and it applies also to all citizens of India without and beyond India:
Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.
In this Act, unless the context otherwise requires,—
(a) “child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age;
(b) “child marriage” means a marriage to which either of the contracting parties is a child;
(c) “contracting party”, in relation to a marriage, means either of the parties whose marriage is or is about to be thereby solemnised;
(d) “Child Marriage Prohibition Officer” includes the Child Marriage Prohibition Officer appointed under sub-section (1) of section 16;
(e) “district court” means, in any area for which a Family Court established under section 3 of the Family Courts Act
The Prohibition of Child Marriage Act, 2006 was enacted to address the issue of child marriages in India, which have significant implications for the rights and welfare of children, particularly girls. This Act aims to prevent the solemnization of marriages involving minors and provides legal recourse for those affected by such marriages.
Section 2 of the Prohibition of Child Marriage Act, 2006 defines key terms relevant to the Act:- Child: A person who, if male, has not completed twenty-one years of age, and if female, has not completed eighteen years of age.- Child Marriage: A marriage to which either of the contracting parties is a child.
This commentary highlights the significance of Section 2 of the Prohibition of Child Marriage Act, 2006, and its implications for child rights and legal frameworks in India.
1. Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage: Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.
2. If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the Child Marriage Prohibition Officer.
3. The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority.
4. While granting a decree of nullity under this section, the
The Prohibition of Child Marriage Act, 2006 (PCMA) was enacted to address the issue of child marriages in India, which have significant implications for the health, education, and rights of children, particularly girls. Section 3 of the Act specifically deals with the legal status of child marriages, establishing that such marriages are voidable at the option of the contracting party who was a child at the time of marriage.
Section 3 of the PCMA states that every child marriage, whether solemnized before or after the commencement of the Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage. It also outlines the procedure for filing a petition to annul such marriages.
The scope of Section 3 extends to all child marriages, regardless of when they were solemnized. It applies uniformly across different religions, thereby overriding personal laws that may otherwise validate such marriages.
While Section 3 itself does not prescribe punishment, Section 9 of the PCMA makes it an offence for adults to contract child marriages, punishable by imprisonment and fines. Sections 10 and 11 further outline penalties for those who promote or permit child marriages.
1. While granting a decree under section 3, the district court may also make an interim or final order directing the male contracting party to the child marriage, and in case the male contracting party to such marriage is a minor, his parent or guardian to pay maintenance to the female contracting party to the marriage until her remarriage.
2. The quantum of maintenance payable shall be determined by the district court having regard to the needs of the child, the lifestyle enjoyed by such child during her marriage and the means of income of the paying party.
3. The amount of maintenance may be directed to be paid monthly or in lump sum.(4) In case the party making the petition under section 3 is the female contracting party, the district court may also make a suitable order as to her residence until her remarriage.
(1) Where there are children born of the child marriage, the district court shall make an appropriate order for the custody of such children.
(2) While making an order for the custody of a child under this section, the welfare and best interests of the child shall be the paramount consideration to be given by the district court.
(3) An order for custody of a child may also include appropriate directions for giving to the other party access to the child in such a manner as may best serve the interests of the child, and such other orders as the district court may, in the interest of the child, deem proper.
(4) The district court may also make an appropriate order for providing maintenance to the child by a party to the marriage or their parents or guardians.
Section 5 of the Prohibition of Child Marriage Act, 2006, delineates the powers of courts regarding children born of child marriages, particularly focusing on custody and maintenance. It forms part of the comprehensive legal framework aimed at prohibiting child marriages, protecting minors, and ensuring their welfare post-marriage. The section underscores the state's commitment to safeguarding the rights of children and aligning with constitutional and international standards.
Section 5 provides that:- In cases where children are born of a child marriage, the district court shall pass appropriate orders for their custody.- The court shall determine custody and maintenance, considering the best interests of the child.- The court may also modify or revoke previous orders if circumstances change.- It emphasizes that the court shall have jurisdiction over such matters, including the power to ensure the child's welfare.
While Section 5 itself does not prescribe punishment, violations related to the contravention of child marriage laws, including neglect of custody or maintenance orders, attract penalties under the Act and other relevant statutes like the Indian Penal Code and Juvenile Justice Act. For instance:- Performing or abetting child marriage attracts imprisonment and fines (Sections 9 and 10 of the Act).- Non-compliance with court orders regarding custody or maintenance may lead to contempt proceedings or penalties under civil or criminal law.
Child Marriage Prohibition - Section 5 reinforces the prohibition of child marriages by emphasizing that children born out of such marriages require state protection through custody and maintenance orders. [Sources: "04200005869", "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District"]
Custody Orders - The section mandates courts to pass custody orders in favor of the child, prioritizing their welfare, health, and education, aligning with constitutional rights under Article 21. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development"]
Jurisdiction - It explicitly grants jurisdiction to district courts to decide custody and maintenance issues, reinforcing the state's role in child welfare. [Sources: "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development", "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District"]
Best Interests of Child - The section underscores that the child's welfare is paramount, and orders can be modified if circumstances change, reflecting the dynamic nature of child custody cases. [Sources: "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini", "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development"]
Protection of Minor Children - It provides a legal mechanism to safeguard children born of child marriages, who are often vulnerable to neglect, abuse, or exploitation. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "04200005869"]
Alignment with International Norms - The provision supports India's obligations under international conventions like the UN Convention on the Rights of the Child, emphasizing protection and welfare. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "04200005869"]
Legal Framework Integration - Section 5 works in tandem with other provisions of the Act, such as Sections 4, 6, and 13, creating a holistic approach to child marriage prevention and welfare. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini"]
Preventive Role - The section's emphasis on custody and maintenance orders acts as a preventive measure against continued violations of child marriage laws. [Sources: "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development", "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District"]
Protection Against Discrimination - It ensures that children, especially girls, are not discriminated against and are given due regard for their rights to protection, development, and participation. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "04200005869"]
Legal Remedies - Empowers courts to modify or revoke orders as circumstances change, providing flexibility and responsiveness to the child's evolving needs. [Sources: "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini", "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development"]
Implementation Responsibility - The section assigns a clear role to the judiciary to implement child-centric orders, ensuring effective enforcement of child rights. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "04200005869"]
Alignment with Constitutional Principles - Upholds fundamental rights such as Articles 14, 15, and 21, ensuring that custody and maintenance decisions uphold equality, dignity, and life. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini"]
Role of Child Welfare Committees - The section complements the functions of Child Welfare Committees, which assist in custody and care decisions, ensuring a child-friendly approach. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development"]
Legal Safeguard for Children - Acts as a safeguard against parental or societal pressures that may lead to child marriage, by providing a legal avenue for custody and protection. [Sources: "04200005869", "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District"]
Reinforcement of State Responsibility - Reflects the state's duty to protect children born of child marriages, who are often at risk of neglect, abuse, or social stigma. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "04200005869"]
Flexibility in Custody Arrangements - Allows courts to consider the child's preferences, age, maturity, and welfare, fostering a child-centric approach. [Sources: "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini", "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development"]
Legal Recognition of Child Rights - Recognizes that children born of child marriages have rights to maintenance and custody, even if the marriage is declared void or voidable. [Sources: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District", "04200005869"]
Section 5 of the Prohibition of Child Marriage Act, 2006, is a vital legal provision that ensures children born out of child marriages are accorded proper custody and maintenance, reinforcing the law's overarching aim to eradicate child marriage and protect minors' fundamental rights. It exemplifies a child-centric approach, integrating constitutional principles, international obligations, and child welfare considerations, thereby strengthening India's legal framework against child marriage and its aftermath.
Notwithstanding that a child marriage has been annulled by a decree of nullity under section 3, every child begotten or conceived of such marriage before the decree is made, whether born before or after the commencement of this Act, shall be deemed to be a legitimate child for all purposes.
The district court shall have the power to add to, modify or revoke any order made under section 4 or section 5 and if there is any change in the circumstances at any time during the pendency of the petition and even after the final disposal of the petition.
For the purpose of grant of reliefs under sections 3, 4 and 5, the district court having jurisdiction shall include the district court having jurisdiction over the place where the defendant or the child resides, or where the marriage was solemnised or where the parties last resided together or the petitioner is residing on the date of presentation of the petition.
Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.
Whoever performs, conducts or directs or abets any 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 unless he proves that he had reasons to believe that the marriage was not a child marriage.
Section 10 of the Prohibition of Child Marriage Act, 2006, prescribes punishments for those involved in the solemnization, conduct, or promotion of child marriages. It aims to deter individuals from facilitating or abetting marriages involving minors, thus protecting children's rights and ensuring compliance with the legal age of marriage.
Section 10 states that:
"Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to a fine which may extend to one lakh rupees, unless he proves that he had reasons to believe that the marriage was not a child marriage."
In summary, Section 10 of the Prohibition of Child Marriage Act, 2006, establishes a comprehensive penal framework targeting all actors involved in facilitating child marriages, with an emphasis on deterrence, strict liability, and the protection of minors' rights. Effective enforcement, awareness, and judicial interpretation are essential to realize its objectives.
(1) Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organization or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend upto one lakh rupees:
Provided that no woman shall be punishable with imprisonment.
(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has
Where a child, being a minor—
(a) is taken or enticed out of the keeping of the lawful guardian; or
(b) by force compelled, or by any deceitful means induced to go from any place; or
(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes,
such marriage shall be null and void.
(1) Notwithstanding anything to the contrary contained in this Act, if, on an application of the Child Marriage Prohibition Officer or on receipt of information through a complaint or otherwise from any person, a Judicial Magistrate of the first class or a Metropolitan Magistrate is satisfied that a child marriage in contravention of this Act has been arranged or is about to be solemnised, such Magistrate shall issue an injunction against any person including a member of an organization or an association of persons prohibiting such marriage.
(2) A complaint under sub-section (1) may be made by any person having personal knowledge or reason to believe, and a non-governmental organization having reasonable information, relating to the likelihood of taking place of solemnisation of a child marriage or child marriages.
(3) The Court of the J
Section 13 of the Prohibition of Child Marriage Act, 2006, empowers courts to prevent the solemnization of child marriages through injunctions, thereby serving as a crucial tool in the enforcement of the law's objective to eradicate child marriage. It underscores the proactive role of the judiciary in safeguarding minors from unlawful marriages and aligns with the broader legislative intent to prohibit child marriage comprehensively.
Section 13 authorizes a Judicial Magistrate or a Metropolitan Magistrate to issue injunctions, upon application or on receipt of information, prohibiting the solemnization of child marriages that are arranged or about to be solemnized in contravention of the Act. It also empowers the District Magistrate to take measures, including the use of minimum force, to prevent such marriages. Furthermore, it stipulates that marriages in violation of injunction orders shall be void ab initio, and offenders can be penalized for promoting or permitting such marriages.
Section 13 of the Prohibition of Child Marriage Act, 2006, is a cornerstone provision that empowers courts to act preemptively against child marriages through injunctions, thereby aligning legal mechanisms with constitutional and human rights principles. Its broad scope, proactive approach, and emphasis on community participation make it a vital instrument in the legal framework aimed at eradicating child marriage and safeguarding minors’ rights.
Note: The references are drawn from the provided sources, notably [Section 13, PCMA, 2006], and reinforced by judicial interpretations emphasizing the preventive and protective role of the law.
Any child marriage solemnised in contravention of an injunction order issued under section 13, whether interim or final, shall be void ab initio.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be cognizable and non-bailable.
(1) The State Government shall, by notification in the Official Gazette, appoint for the whole State, or such part thereof as may be specified in that notification, an officer or officers to be known as the Child Marriage Prohibition Officer having jurisdiction over the area or areas specified in the notification.
(2) The State Government may also request a respectable member of the locality with a record of social service or an officer of the Gram Panchayat or Municipality or an officer of the Government or any public sector undertaking or an office bearer of any non-governmental organization to assist the Child Marriage Prohibition Officer and such member, officer or office bearer, as the case may be, shall be bound to act accordingly.
(3) It shall be the duty of the Child Marriage Prohibition Officer—
The Prohibition of Child Marriage Act, 2006 aims to prevent child marriages in India and protect the rights of children. Section 16 specifically addresses the appointment and responsibilities of Child Marriage Prohibition Officers (CMPOs), who play a crucial role in enforcing the provisions of the Act.
Section 16 mandates the appointment of Child Marriage Prohibition Officers by the state government. These officers are tasked with preventing the solemnization of child marriages and ensuring compliance with the Act.
The scope of Section 16 extends to all areas within the jurisdiction of the appointed CMPOs, allowing them to operate in both urban and rural settings. Their duties include monitoring public and religious places to prevent child marriages.
While Section 16 itself does not prescribe punishment, it facilitates the prosecution of individuals involved in child marriages under other sections of the Act, which may include imprisonment and fines.
The Child Marriage Prohibition Officers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceedings shall lie against the Child Marriage Prohibition Officer in respect of anything in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Every rule made under this Act shall, as soon as may be after it is made, be laid before the State Legislature.
In the Hindu Marriage Act, 1955, in section 18, for clause (a), the following clause shall be substituted, namely:-"
a. in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both".
(1) The Child Marriage Restraint Act, 1929 (19 of 1929) is hereby repealed.
(2) Notwithstanding such repeal, all cases and other proceedings pending or continued under the said Act at the commencement of this Act shall be continued and disposed of in accordance with the provisions of the repealed Act, as if this Act had not been passed.
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