Child Marriage Act in India—Ban of Child Marriage
In Indian society, child marriage is not a new phenomenon, and it has existed for centuries. Here's what you need to know about the childhood marriage act.
Poverty, lack of education, and insecurity are among the most common reasons for child marriage. Child marriage has a variety of consequences. These include sociological and psychological effects such as denial of the right to education, early parenthood, an impediment to boys' and girls' physical and mental development, etc.
Child marriages are more harmful to girls than to boys. Girls need to adjust to significant life changes at a young age and are frequently subjected to crimes such as domestic violence and marital rape.
Let's get in-depth and learn more about child marriage.
Origin of the Act
Child marriages have a long history in Indian society. Child marriages were common in India even before the colonization of the country. However, to eradicate child marriages in India, the Child Marriage Restraint Act, also known as Sarda Act, was enacted in 1929. The legislation established an age limit of 14 years for girls and 18 years for boys.
The Act contained numerous loopholes. For starters, the age limit for boys and girls was extremely low. Children cannot have a developed, mature mind and the physical health required for marriage. The consequences of the marriage remained. Furthermore, the punishment under the Act was insignificant.
As a result, the legislation was amended after independence in 1978 to raise the age limit—the age limit for girls to 18 years and 21 years for boys.
The Act has yet to be proven effective in preventing child marriages in India. One of the primary reasons was the Act's punishment.
The Prohibition of Child Marriage Act, 2006 brought reforms under the law, increasing penalties for offenders.
Recent developments
To prohibit the solemnisation of child marriages in India, the Act of 2006 replaced the Act of 1929. However, child marriages continue to be widespread in the country.
According to a report released by Australian Aid in collaboration with the International Centre for Research on Women and the United Nations Population Fund (UNFPA), child marriages continue to be prevalent in India at 50%. India is one of the most backward countries that prohibit child marriage. Rural India's situation is even worse than that of urban India.
To address this issue, the legislature introduced the Prohibition of Child Marriage (Amendment) Bill, 2021. The Bill proposes to raise the minimum marriage age for a female child to 21 years, matching the age for a male child. In addition, the Bill seeks to extend the time limit for a marriage to be declared null and void.
Under Section 3(3) of the Act, the current limitation period is two years after reaching the legal marriage age, 21 years for males and 18 years for females. The Bill proposes extending this period to five years.
Age of consent act
The Age of Consent Act 1891, also known as Act X of 1891, was a British Indian law enacted on March 19, 1891, that raised the age of consent for sexual intercourse for all girls, married or unmarried, in all jurisdictions from ten to twelve years, with violations punishable as rape.
The Act was introduced as a bill in the Legislative Council of the Governor-General of India in Calcutta on January 9, 1891, as an amendment to the Indian Penal Code and the Code of Criminal Procedure, Section 375, 1882.
On the same day, the Age of Consent Act 1891 was debated and opposed by council member Sir Romesh Chunder Mitter because it violated the orthodox Hindu code. Still, council member Rao Bahadur Krishnaji Lakshman Nulkar and the council's President, Governor-General and Viceroy Lord Lansdowne supported it.
While the case of a child bride Rukhmabai in a Bombay high court in 1887 reignited discussion of such a law, it was the death of an eleven-year-old Bengali girl Phulmoni Dasi in 1889 due to forceful intercourse by her 35-year-old husband that prompted British intervention. In 1891, the Act was passed.
To Conclude:
For centuries, child marriages have been common in India. The main reasons for the taboo's long-standing prevalence are cultural aspects, religious aspects, and a lack of education. Child marriages are a major concern for the country's development because the consequences are devastating for children, particularly females.
As a result, the Child Marriage Restraint Act 1929 or the Sarda Act was enacted to prohibit the solemnisation of child marriages in the country, later replaced by the Prohibition of Child Marriage Act, 2006.
