CHILD MARRIAGE RESTRAINT ACT 1929 PDF
The Child Marriage Restraint Act, , India. 3 Years Ago; admin; Laws and acts governing the system. An Act to restrain the solemnisation of child marriage. The Child Marriage Restraint Act, (19 of ). An Act to restrain the solemnisation of child marriage. Section 1: Short title extent and commencement (1) This Act may be called the Child Marriage Restraint Act (). (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever.
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Child Marriage Restraint Act
Retrieved from ” https: Mode of taking cognizance of offences — No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed. Punishment for male adult below twenty one years of age marrying a child — Whoever, being a male above eighteen years of age and below twenty one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
Thus their infamous “Dual Policy” which prevented any significant social reform in India. Feminism and Nationalism in Late-Colonial India”. Punishment for male adult above eighteen years of age marrying a child. Minors are incapable of entering into any valid contract and marriage under the Hindu law is not a contract.
Various bills addressing questions on the age of consent were introduced in the Indian legislatures and defeated. It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches. Section 6 provides that 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 acr 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 punished with simple imprisonment which may extend to three months and shall also be liable to fine.
Although this is a victory for the women’s movement in India, the act itself was a complete failure. Punishment for solemnising a child marriage — 1 Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a chhild.
Jurisdiction under this Act – Notwithstanding chld contained in Section of the Code of Criminal Procedure, 2 ofno Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall take cognizance of, or try, any offence under this Act. Power to issue injunction prohibiting marriage in contravention of this Act. A minor’s marriage without the consent of the guardian can be held to be valid on the application of the doctrine of factum valet.
Provided that no woman shall be punishable with imprisonment. So the words “where a minor contracts a child marriage” in section 6 l ought not to be literally interpreted as per its dictionary meaning but ought to be understood as meaning “where a child marriage” takes place or where a minor enters into a child marriage.
Views Read Edit View history. The majority of cases were in Punjab and the United Provinces. This Act was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces by virtue of 18 th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab Child Marriage Restraint Amendment Act XII of In the s, the only parties in India that continued to support the British rule marrriage these communal groups.
Child Marriage Restraint Act – Wikipedia
Whoever performs, conducts or directs any child marriage shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine, unless he proves that he had reasons to ac that the marriage was not a child marriage section 5. An Act to restraint the solemnization of child marriages.
From Wikipedia, the free encyclopedia. Erstraint came into force from the Ist day of April, Declaring they would begin to make their own laws, free of male influence, the women’s organization brought liberal feminism to a forefront.
This further dilutes the efficacy of the law. The object is to eliminate the special evil which had the potentialities of chid 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.
In the Indian social set-up a male adult can be imputed greater sense of foreseeability of the consequences of this social evil of child marriage and in this context the punishment prescribed by the law to deter them is too mild in effect specially in this era of cchild justice when penology has become more reformative than deterrent. Though their liability under the criminal law is that of the abetters, but it should not preclude their direct responsibility for the offence chld suitable amendment should be made in the Act to punish them as principal offenders.
Global Legal Monitor
Whereas it is expedient to restrain the solemnization of child marriages: The Court may either of its own motion or on the application of any person aggrieved, rescind or alter any order made under sub-section 1. Consummation of “Gauna” is not part of marriage ceremony. It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities. The penal provisions do not invalidate the fact of marriage nor do the penal provisions apply to a child.
The list goes on with acquittals, with 98 cases still pending during August The marriage being complete before the consummation, a person may be convicted under this Act, though consummation has not taken marriagd.
No doubt frivolous petitions by interested persons may sometimes result in dislocation of arrangements in genuine cases and such victims may also face social humiliation but this can be safeguarded by making deterrent provisions in the Act for those who move such frivolous petitions. Notwithstanding anything contained in section of the Code of Criminal Procedure,no Court other than a Metropolitan Magistrate or a Judicial Magistrate of the First Class can take cognizance of, or try any offence under this Act.
The Child Marriage Restraint Act was the first social reform issue which was taken up by the organized women in India.
The imposition of fine only lacks the ach effect which is needed most in such cases. Limitation — No Court can take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed. The Court may issue an injunction against any of the persons mentioned in Section 3, 4, 5 and 6 of this Act prohibiting such marriage.
Under the pressure of world opinion, the social reformists in India and Nationalist freedom fighters, the Government referred the Bill to a select committee named erstraint the Age of Consent Committee headed by Sir Moropant Visavanath Joshithe Home Member of Central Provinces.