Under the law, child marriages, although illegal, are not void but “voidable.” A child marriage can be declared null and void by a court when either party to the marriage files a petition under Article 3(4) of the 2006 Prohibition of Child Marriage Act.
Is child marriage a crime in India?
As per the Prohibition of Child Marriage Act, 2006, child marriages are illegal. Marriages below 18 years of age for the bride and 21 years of age for the groom are prohibited under such legislation.
Is child marriage void in India?
However, marriage itself with a minor is not void under the PCMA. It makes child marriage voidable at the option of any contracting party, who was a ‘child’ at the time of the marriage. This, at present, can be done within two years of that person attaining majority.
Is child marriage illegal in India UPSC?
Prohibition of Child Marriage (Amendment) Bill, 2021, seeking to raise the legal age of marriage for women from 18 years currently to 21 years, was introduced by the Union Cabinet in the winter session of the Parliament in December 2021. In India, during the 19th century, the marriageable age for women was 10 years.
Does child marriage still exist in India 2020?
According to DLHS data, around 48% of married women in the 20-24 year age group got married before 18 in rural areas, compared with 29% in urban areas. Over the past fifteen years, child marriage has declined by just 11 percent – less than one percent per year.
What is the punishment of child marriage?
—Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.
Why is child marriage illegal?
Child marriage violates children’s rights and places them at high risk of violence, exploitation, and abuse. … It is defined as a marriage of a girl or boy before the age of 18 and refers to both formal marriages and informal unions in which children under the age of 18 live with a partner as if married.
Is child marriage a crime?
COURTS AND CHILD MARRIAGE LAWS
Child marriage is punishable with two years of prison and fine up to Rs 2 lakh. No woman could be jailed, however, in cases of child marriage. Now, the Punjab and Haryana High Court has allowed a plea for divorce by consent filed by a couple who had got married when the bride was a minor.
Is child marriage legal?
Around the world, one in five girls are married before the age of 18, according to Girls Not Brides, a non-governmental organization dedicated to ending child marriage. … While the legal marriage age in most of the U.K. and Canada is 18, 16- and 17-year-olds can still wed with the consent of a parent.
Who prohibited child marriage?
Child marriage is prohibited
The Prohibition of Child Marriage Act, 2006 prohibits solemnization of marriage of a boy who is less than 21 years of age arid a girl who is less than 18 years of age.
What are the causes of child marriage in India?
Various reasons for child marriage
- Political and financial reasons.
- Lack of education.
- Patriarchy and gender inequalities.
- Inadequate implementation of the law.
What is the percentage of child marriage in India?
In 1970s, the minimum legal age of marriage, in India, for women was 15. According to UNICEF report published in 2005–06, child marriage rates in India were estimated to be around 47%. This figure declined to 27% in 2015–16 according to a new report published by UNICEF.
When was the Child Marriage Restraint Act passed?
To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in 1929.
Can child marriage be registered?
But even prior to the amendment, registration of child marriages was compulsory under Section 8. The amendment only restricts its scope to women till the age of 18. How can a child marriage be registered? Child marriages are not illegal per se, although there is a legal framework to prevent them.
Can a girl marry a girl in India?
THE government of India has proposed raising the minimum legal age of marriage for women from 18 to 21 years. Currently, the minimum legal age for women to marry is 18 years; for men, the corresponding age is 21 years.
Where is child marriage still legal?
Child marriage is currently legal in 44 states (only Delaware, Minnesota, New Jersey, New York, Pennsylvania, and Rhode Island have set the minimum age at 18 and eliminated all exceptions), and 20 U.S. states do not require any minimum age for marriage, with a parental or judicial waiver.