When we generally talk about social reform regarding women empowerment of women in the history of modern India, Child Marriage Restraint Act was the first revolutionary social reform case taken by organised women in India.
They played a critical role in developing valid arguments and actively used the tool of political platforms while contributing to the political arena.
The Prevention of Child Marriage Act got passed on 28 September 1929. The law limited the age of marriage for girls to 14 years and 18 years for boys. It is better known as the Sharda Act after its sponsor, Harbilas Sarda.
The Prevention of Child Marriage Act, 2006, currently sets the age of marriage to be 18 and 21 years for girls-boys.
How Was the Child Marriage Restraint Act 1929 Established?
Various bills that provided different viewpoints about the age of consent were presented to the Indian legislatures but failed.
The All India Women’s Conference, the Women’s Indian Association, and the National Women’s Council in India, through their members, initiated and produced a debate in favour of raising the age of marriage and approval before the Joshi Committee.
Muslim women presented their perspective to the Joshi Committee to increase the age limit for marriage even when they knew they would face opposition from Muslim Ulema.
The Joshi Committee presented its report on June 20, 1929, and was approved by the State Legislature on 28 September 1929. It became law on April 1, 1930, with the approval of Lord Irwin to extend to the whole of British India.
It determined 14 and 18 as marriage years for girls and boys respectively in bringing uniformity in societies.
What is the significance of the Sharda Act 1929?
The Sharda Act 1929 was the first reform for women in society, a case taken by an organized group of women in India. The group pressured many politicians to support the campaign by ousting delegates, holding placards, and chanting slogans.
They believed that the act’s passing would show the world that India is committed to social change.
In a show of support for the practice, Indian women challenged the two standards of the ancient Shastra. Announcing that they would begin to make their rules without a male influence, the women's movement brought liberal feminism forward.
While this was a victory for the women's movement in India, the act itself was a complete failure. It was a genuine bill in two years and five months; there were 473 cases, only 167 were successful.
The list goes on with 207 acquitted, and 98 cases pending in August 1932. Of the 167 successful cases, only 17 or more have served their complete or partial sentence, and most of the cases were in Punjab and the United States.
Who can get punished for child marriage according to Sharda Act 1929?
In accordance with the child marriage restraint act 1929, the following individuals get punished:
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A man over the age of 18 years and married to a girl under 14 years can be fined up to two years in prison or fined up to lakh rupees or both.
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A person who commits a misdemeanour or represents a child marriage may get severely punished with two years' imprisonment or a fine of up to lakh rupees or both.
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Anyone who promotes or agree to child marriage may get sentenced to two years' imprisonment or a fine of up to lakh rupees or both. However, in the case of women, they are not punished with imprisonment.
Negative Impact of Child Marriage
Followings are the ill-effects of child marriage:
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Severe health risks,
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HIV,
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Anemia,
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Women's problems,
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Pregnancy is the leading cause of death among young women aged 15 to 19 years,
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It stops the educational, social, and economic growth of girls
Conclusion
Sharda Act, originally known as the Child Marriage Restraint Act 1929, was passed during Lord Irwin's reign. This practice determined that the minimum age for girls was 14 years and for boys 18 years.
This practice applied to the whole of British India, not just to Hindus, and it was the result of a movement for social reform in India.
In British India, it was the first time that Indian women had played a leading role in the fight against social evils. Indian women for the first time to take part in politics.
The influence of these determined women organisations that fought against the evils of child marriage that Gandhiji began to speak publicly against child marriage. Even Muslim women joined these organisations even after critical threats from the Maulanas.
