History

Sarda Act

Also: Child Marriage Restraint Act, 1929, Sarda Act 1929

Definition
The Child Marriage Restraint Act of 1929, named after its mover Harbilas Sarda, which fixed the minimum age of marriage at 14 for girls and 18 for boys across all communities in British India, and was later amended to 18 and 21 before being replaced in 2006.
Summary card: Sarda Act. Passed on 28 September 1929; in force from 1 April 1930. Moved as a private member's bill by Harbilas Sarda. Minimum ages: 14 (girls), 18 (boys). Amended in 1978 to 18 for girls and 21 for boys
Summary card © UPSCPrep.in

Background and evolution

After the Age of Consent Act of 1891, reformers continued to campaign against child marriage itself. The Age of Consent Committee, chaired by Sir Moropant Joshi, reported in 1929 that child marriage was widespread and harmful, and that raising the age of consent alone was insufficient. Women's organisations, particularly the All India Women's Conference (founded 1927), lobbied strongly for a law.

Harbilas Sarda, a scholar and member of the Central Legislative Assembly from Ajmer, introduced a Hindu Child Marriage Bill in 1927. It was broadened to apply to all communities and passed in 1929. Orthodox Hindu and Muslim groups opposed it as interference in personal law, while many nationalist leaders supported it.

Key features and provisions

  • Minimum ages: 14 for girls and 18 for boys.
  • Universal application: applied to all communities, irrespective of religion.
  • Penalties: fines and simple imprisonment for an adult male marrying a child, for persons conducting the marriage, and for parents or guardians promoting it.
  • Marriage not void: the Act restrained but did not invalidate child marriages; a marriage in violation remained legally valid.
  • Court injunctions: courts could issue injunctions to prevent a proposed child marriage (added later).

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Last reviewed: 23 October 2026 · Original UPSCPrep.in content.