Prohibition of Child Marriage Act, 2006

Background and evolution

The Sarda Act of 1929 had restrained child marriage but left such marriages valid, imposed mild penalties and lacked an enforcement machinery. The National Commission for Women and the National Human Rights Commission recommended a stronger law. The Prohibition of Child Marriage Bill was introduced in 2004, examined by a parliamentary standing committee, and passed in 2006. Unlike the Sarda Act, which was about "restraint", the new Act focuses on prohibition, protection and relief for the child. The Sarda Act page covers the colonial-era law; this page covers the current law and its working.

Key features and provisions

• Voidable marriages (Section 3): a child marriage is voidable at the option of the party who was a child, by petition to a district court within two years of attaining majority.
• Void marriages (Section 12): marriages are void if a minor is taken away by enticement, force or deceit, or sold or trafficked for marriage.
• Maintenance and residence (Section 4): the court may order maintenance and residence for the female party until her remarriage.
• Custody and legitimacy (Sections 5 and 6): children born of child marriages are legitimate, and the court decides custody in the child's interest.
• Punishment: up to two years' rigorous imprisonment and/or a fine up to ₹1 lakh for an adult male marrying a child, for anyone performing or abetting a child marriage, and for parents or guardians promoting it; women are not punished with imprisonment.
• Injunctions (Section 13): courts may issue injunctions to prevent child marriages, including mass marriages on occasions such as Akshaya Tritiya.
• Officers (Section 16): states appoint Child Marriage Prohibition Officers to prevent marriages, collect evidence and raise awareness.