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Child marriages have existed since the
PROHIBITION OF CHILD ancient times; it was considered to be a
MARRIAGE: A MYTH common practice at that time. This tradition
had gained importance in India under the
By Ankita Jain reign of the Delhi Sultans, in the medieval
From Army Institute of Law, Mohali times. Since then, this practice was followed
by a large number of masses, just like a
Abstract: custom. The British for the first time paid
The Prohibition of Child Marriage Act, 2006 heed to this matter and considering the
was enacted with the aim to outlaw the consequences and causes of this practice
solemnization of marriage of the children they passed a legislation named the Child
below the age of 18 years for women and 21 Marriage Restraint Act, 1929. This Act was
years for men and the incidents thereof. This later repealed by the current Act named The
Act was passed on 10th January 2007 and Prohibition of Child Marriage Act, 2006.
st
came into force on the 1 November 2007.
The Child Marriage Restraint Act of 1929 The Act of 2006 1 , though talks about
was repealed by the current Act in question. prohibiting the marriage between children,
The Act lays down various provisions for but in the true sense this Act does not
the prohibition of the child marriage, completely forbid the selfsame. It makes the
protecting and providing relief to the victims marriage only voidable at the option of the
and penalizing the offenders. one party that is aggrieved and not void per
se, which refutes the aim of the Act entirely.
This research paper focuses on the scope of The issue is still a massive problem in most
The Prohibition of Child Marriage Act, 2006 of the developing countries, India being one
and the several provisions thereof. The of them. This practice is one of the most
paper will constitute the shortcomings of the serious social maladies that affects the lives
Act relating to its aims, objectives and the and future of the youth and the nation as a
provisions. The aim of the research is to whole. Thus, it is important to study the
throw light on the Child Marriages and the matter and the laws that are related to it.
current position that exists in India. The This can help give a broader view of the
paper would commence with the topic and can further assist in eliminating
introduction to the topic and then move on such a social evil from the society.
to the history of child marriage, its causes,
consequences and thereafter on to the Historical Background
development of the Act in India, critical As per the Hindu Vedas, child marriage is
analysis of the provisions of the Act, restricted and discouraged. It had made the
problems in the implementation of the Act mention of the age limit for marrying as 25
and certain suggestions for the same through
research on Indian Scenario, scholarly
articles and case laws.

Introduction: 1
The Prohibition of Child Marriage Act, 2006, No.6,
Acts of Parliament, 2006 (India)
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years for a male and 18 years for female, 2 although the legal age of the child is 18
but still it was a very common practice in years. 3 Child marriages are prevalent in the
the ancient times. This practice was rural areas at around 48% and in urban areas
commonly seen amongst the poor but later it it is 29%. 4 The states like Jharkhand, Uttar
started spreading to the rich society also. Pradesh, Orissa, Madhya Pradesh and West
This concept of child marriage was bought Bengal have the highest rate of child
to India in the medieval period by the Delhi marriages. 5 India is proud to reach the moon
Sultans as they were of the view that the and boasts about it but it has forgotten the
girls should be married off before they reach fact that a country can only progress when
their age of puberty to protect the sanctity of the children, the youth of the country are not
the girl. It was also noticed that the marriage forced into marriage at an early age and are
was fixed by the parents when the child allowed to work and discover themselves, so
were not even born but existed in their that the country can also progress and reach
mother’s womb. The people of that era were growth along with development.
of the mindset that child marriages have
positive impact on the children, family and Causes of Child Marriage
the society as a whole. They considered it
India has been a victim of child marriage for
safe for their children, as it preserved the
a long period of time now. It is one of the
purity of the girl child and it gave the
worst forms of violation of human rights. It
parents an opportunity to decide the partner
clutches the childhood of the child, places
for their children. Therefore, the girls were
the future into darkness, forces a person to
married as soon as they had started with
be what he is not and takes away the right to
their menses. Another reason for the
learn and play. The various analyses by
existence of this concept was that the life
researchers show that the rate at which child
expectancy in the earlier time was
marriage is decreasing in India every year is
considered to be less than 50’s and therefore
very slow and negligible. Despite the
child marriage was adopted to increase the
various legal, social and political influences
population and to continue with the family
this traditional practice still continues in
succession.
rural as well as the urban areas. To eliminate
Current Situation in India the marriages among the children it is first
necessary to understand the reasons of the
st
In the 21 century when the entire world is same. Several factors that encourage this
changing and developing into a new one practice are given below.
with each passing second, there are
unfortunately some social evils that form a Customs and Traditions
darker side of the coin. Around 27% child There are certain social and traditional
marriages have taken place in the year 2016 norms in India that are till date preserved by

2 3
Aparna Marion, History of Child Marriage in Child Marriage, (Jan.25, 2018, 7:30 PM),
India,(Jan.25,2018,5:00 PM), http://unicef.in/Whatwedo/30/Child-Marriage
4
https://terredasie.com/english/english-articles/history- Ibid. at 3
5
of-child-marriage-in-india Ibid. at 3
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the people, and they consider child marriage educated. 6 A global analysis of data by
as one of those norms. The people follow it ICRW also found that girls education is the
as they recognize this concept as a custom most important factor associated with child
since it was prevalent in India for a long marriage. 7
period of time and was followed by their
ancestors. Insecurity
Due to the growing rate of women
Protecting the purity harassment and rape cases the parents find it
The people are of the view that the child if, convenient to marry their daughter early
married earlier will protect the honor of the before she even walk into adulthood, so that
family as the child will be pure when they she is secured with her husband.
get married at an early age. By this word
pure, it can be implied that the child would Inadequate laws
not have lost its sexuality. There is a prohibition on the child marriage
and there are various provisions prevailing
Poverty that support the idea of discouraging such an
The mindset of the people also plays a very evil but the problem occurs in the
important role in the practice of child implementation of the law. There are several
marriages. It is also affected by demography laws that protect the rights of the children
and income, therefore, the practice of child from getting married at an early stage nut
marriage is seen more in the rural areas than they are not enforced because of the lack of
in urban areas. This is due to the lack of awareness among the people and because of
education and awareness in the rural areas. the existence of weak implementation of
They are not aware of the consequences that laws in India. Poor implementation of the
the child has to undergo and also they are far law and lack of will and action on the part of
away from the legal provisions of law. the administration are important reasons for
the continuation of child marriage. 8
To secure debts
Sometimes the children are married because
of the sum of money that they receive which 6
Singh, A. & Espinova, P., Teenage Marriage,
helps them to secure their debts. This is Fertility, and Well being: Panel Evidence from India,
against the human rights as it implies the Working paper 151 Oxford: Young Lives, (Jan.26,
2018, 10:00 AM),
selling of the child for money. http://www.younglives.org.uk/files/YL
WP151_Teenage%20Marriage%20Fertility%20and%
Lack of education 20Well-being.pdf
7
The lack of access to information causes an Jain, S., & Kurz, K. (2007), New insights on
increase in the child marriage. The studies preventing Child Marriage: A Global Analysis of
Factors and Programs, Washington D.C:
by the young lives clearly state the fact that International Centre for Research and Development
the child marries at a later stage if he is on Women, (Jan.26, 2018, 10:13 AM),
https://www.popline.org/node/188316
8
Government of India, Law Commission, Proposal
to Amend the Prohibition of Child Marriage Act,
2006 and other Allied Laws, Report 205, February
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Above laid are some of the reasons that who get married at an early age are often
encourage the practice in the society. more susceptible to the health risks
Studies have shown that the child marriage associated with early sexual initiation and
affects both the sexes but the impact on the childbearing, including HIV and obstetric
women are more as compared to men. fistula.10

Consequences of Child Marriage Domestic and Sexual Violence

Child marriage snatches the childhood and it The girl child, who is married at an early
is fraught with negative consequences. It age, is found to be in most of the cases, to be
renders social and economic growth in sexually and physically abused. An ICRW
danger. It is not only the violation of the study in India shows that girls who married
human rights but it is also considered as an before age 18 reported experiencing
obstacle in the development of the young physical violence twice as often, and sexual
people. Following is the list of the violence three times as often as girls who
consequences: married at a later age.11 Domestic violence is
Maternal and Infant Health Risks more common among women who had been
The women who give birth to a child even married as children. India has the highest
when her body is not fully developed for rate of domestic violence among women
performing the act of delivering the child, in married by 18 with a rate of 67 per cent.12
such cases there are increased chances of
maternal or infant deaths. This also causes Deprivation of Childhood and Future
more problems to the mothers as the process More than anything else, the child marriage
leads to obstetric fistula. This means that destroys the future of the children. It robs
while giving birth, the bladder, rectum or their childhood and innocence. It forces
vagina tears. them to leave their studies and focus on the
marriage. It bars them from the concept of
Exposure to HIV/AIDS self-discovery of one’s own identity. This
In certain cases where the women are practice puts an end to the future of the child
married to an elder person she is more and more specifically for the women. A
exposed to such diseases. This is because the study by the Population Council aptly
sexual behaviors of the man cannot be
negotiated to be safe. It is assumed that the
older man would have been more exposed to http://childlineindia.org.in/pdf/Child-Marriage-
handbook.pdf
sexual acts and therefore, it can also infect 10
Association for Social Justice & Research vs.
the women with a lifelong disease. It results Union of India & others, (1995) 3 SCC 42 (India)
in various pregnancies and abortions. 9 Girls 11
Anju Malhotra, The Causes, Consequences and
Solutions to Forced Child Marriage in the
Developing World, (Jan.26, 2018, 5:02 PM),
https://www.icrw.org/files/images/Causes-
2008, (Jan.26, 2018, 10:45 AM), Consequences-and%20Solutions-to-Forced-Child-
http://www.lawcommissionofindia.nic.in/reports/repo Marriage-Anju-Malhotra-7-15-2010.pdf
rt205.pdf 12
UN Children’s Fund (UNICEF), Early Marriage:
9
Krishna Tirath, Prohibition of Child Marriage Act A Harmful Traditional Practice, UNICEF: Florence
2006, (Jan.26, 2018, 3:00 PM), (2005), p.22
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captures the plight of one such young girl in subjecting wives to conditions of slavery in
Rajasthan. The girl who till recently was the form of sexual servitude or domestic
frolicking around in her parents village, is labour.16 Marriage is also often used as the
suddenly catapulted to a new position first step to trafficking for commercial
through early marriage, where she has to sexual exploitation, forced labour or any
play the role of a deaf and mute wife in a other purpose.17
long veil, and be seen only as working with
her two hands. 13 Generally the women are affected more as
compared to the men due to the child
Psychosocial disadvantage marriage. This is however negated by the
The loss of carefree childhood, burden of Nirantar study that explains that the
household chores, pressure of earning pressures of gender weigh heavily on the
income, forced sexual relations along with grooms as well. 18 While they tend to resort
physical torture leads to the psychosocial to drugs or alcohol to overcome their
consequences. Married at the age of 12, anxieties about family and sex, they turn to
Parashuram aged 31, confided that after the coercion or violence to control their wives
wedding, everyone around you reminds you and to assert themselves, which is a
of your responsibilities and one gets masculine role attributed to them by societal
tormented by the responsibility of having a norms.19
wife and family. 14 At 12, Parashuram was
neither ready for sexual activity nor The Act of 200620:
prepared to be a father or for the Annihilating child marriage in the Indian
responsibility of supporting a family. In his society is a strenuous task since it is
early 30's, he admitted that he couldn't do followed as a custom. Its presence is seen
what was expected of him as a married man, mostly in the rural areas and amongst those
instead he felt trapped, between boyhood who are not aware of the consequences of
15
and fatherhood. child marriage. This issue was first dealt by
Har Bilas Sarda; he was an academician,
Human Trafficking judge and politician. He became famous for
Child marriage is closely linked with the enacting the Child Marriage Restraint Act,
concept of human trafficking especially 1929 and therefore, the Act was also
when it is solemnized through force, famously known as the Sarda Act. The Act
coercion or abuse and as a means of was a part of the social reform movement

16
Aptel, C (2016) Child Slaves and Child Brides,
13
Santhya, K.G. & Jejeebhoy S. (2003) , Sexual and Journal of International Criminal Justice, 14 (2) pp
reproductive health needs of married adolescent 305,25
17
girls, Economic and Political Weekly 2003; 38(41): Ibid at 8
18
pp., 4370-77 Ibid at 16
14 19
How One Child Groom is Fighting Child Marriage Nirantar trust, Early and Child Marriage in India,
Today, (Jan.26, 2018, 6:00 PM), (Jan.26, 2018, 8:56 PM),
http://www.care.org/impact/stories/how-one-child- http://www.nirantar.net/public/site/files/EM_Report_
groom-fighting-child-marriage-today 30-4-15.pdf
15 20
Ibid. at 9 Ibid at 1
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and it focused on the prohibition of the child Child marriage has been a concern in India
marriages below the age of 18 years for men due to its root in traditional, cultural and
and 15 years for women respectively 21 . It religious practices. It is associated with
was the first secular law curbing the child various problems and consequences as
marriage in India. 22 However, the Act lacked discussed earlier and thus to decrease such
implementation by the British authorities, instances the Act came into being. The main
mainly due to the loss of support by the objective of the Act is to prohibit the
Indian prince who were not in favour of the solemnization of marriage between children,
Act. Various amendments were made in this that is, the male below the age of 21 years
Act from time to time to increase the age and the female below the age of 18 years. 26
limit but it remained just a piece of paper for It is a welfare legislation that aims to
years. Due to the ineffectiveness of the 1929 enhance the health of children and the status
23
Act , it was repealed by the new Act of women in the society. 27
framed by the legislation in 2006, named as
The Prohibition of Child Marriage Act, Provisions of the Act
24 st
2006 . The Act came into force on 1 The premise of the law stands on the pillar
November 2007. The present Act aims at that there should be no marriage between the
prohibiting the child marriages. For the minor. On this premise, the provisions of the
efficacy of the Act, it duly envisages Act can be divided into 3 P’s that are as
rigorous punishment for the contravention of follows:
the provisions of the Act.
A. Prevention
Applicability of the Act B. Protection
The Act is applicable to the territory of India C. Prosecution
25
except the state of Jammu and Kashmir ,
irrespective of the caste, creed, religion etc. Prevention:
The Renoncants of the Union territory of
The law seeks to prevent child marriage, and
Pondicherry are also not covered under the
in this regard they have set up various
application of the Act as the Civil French
authorities to deal with such cases. It
laws are applicable on the citizens of
prevents child marriage by making it a non-
Pondicherry.
bailable and cognizable offence. 28 The child
marriage prohibition officers are appointed
Objectives of the Act
to prevent such an act and register the matter
21
as soon as possible. 29 They also have the
Asha Bajpai, Child Rights in India, Oxford
University Press, New Delhi 2003, p.220
duty to create awareness and sensitization
22
Rajnandini Mahajan, Laws On Child Marriage In towards such issue. 30The court also plays an
India, (Jan.28, 2018, 6:00 PM),
26
ttps://blog.ipleaders.in/laws-child-marriage- Section 2(a), Supra note 1
27
india/#_ftn1 M.Mohamed Abbas vs. The Chef Secretary, (2015)
23
The Child Marriage Restraint Act, 1929, No.19, 6 MLJ 49 (India)
28
Acts of Parliament, 1929 (India) Section 15, Supra note 1
24 29
Ibid at 1 Section 16, Supra note 1
25 30
Section 1, Supra note 1 Section 13(4), Supra note 1
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active role and has been given the power to Critical Analysis of the Act:
pass an injunction order for prohibiting such
kind of act. 31 Thus, the Act tries to curb the Child marriage is a violation of human
practice and create consciousness among the rights and the abuse of childhood. It has
people. various deleterious impacts on the child. It
truncates the childhood and innocence of the
Protection: child. It further curtails the freedom of
developing into a self-recognized and fully
The Act has laid down provisions for fledged person. It denies the opportunity of
protecting the children from such evil freedom of life and shoves the child into a
practices of the society. Section 3 32 lays marriage for which he is not mentally
down that the child can apply for a decree of prepared.
annulment in the court of law for getting rid
of the force marriage by the parents. The The current legislation is the furtherance of
child prohibition officer has been entrusted the previous Act. The main aim and object
with the responsibility to provide legal aid behind the enactment of this law was to
and care and protection to the victims of the discourage marriages between under aged
33
child marriage. If any child is borne out of persons.37 The Act lays down provisions for
such marriage then it would be considered preventing child marriage, it appoints
34
legitimate child , this provision is formed various authorities for the protection of the
so as to protect the interest of the child. The victims and it incorporates punishment for
Act also provides for the rehabilitation of the offenders, all the provisions that prevent
the children who are victims of such child marriage are welcome. However, the
practice. coin always has two sides and so does this
Act.
Prosecution:
One of the main criticisms of the Act is that,
The law envisages provisions relating to the it specifically does not declare the child
prosecuting of offenders. Section 10 35 lays marriage to be void but only voidable by the
down that if any person performs or tries to option of one party same as the previous
abet another to solemnize child marriage Act. It made a specific provision for void
would be punishable with imprisonment marriages under certain circumstances but
which may extend to two years and fine did not render all child marriages void, it
which may extend to one lakh rupees. Also, introduced the concept of a voidable child
Section 9 36 states that if an adult male marriage.38 It is riveting that the legislature
marries a minor female then he would held has accepted the peril of child marriage and
liable as mentioned in Section 10. also that it is in violation of human rights,
but at the same time, except in certain
31
Section 13, Supra note 1 circumstances contemplating under Section
32
Section 3, Supra note 1
33
Ibid at 29
34 37
Section 6, Supra note 1 Dr. Basant, Hindu law, (2008), Central Law
35
Section 10, Supra note 1 Publication Allahabad, p. 51.
36 38
Section 9, Supra note 1 Lajja Devi v. State, AIR 1955 All 671 (India)
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12 of the Act, the marriage is treated as Procedure also lays down that the children
39
voidable. Also, the male can annul the have the right to claim maintenance from
marriage till the age of 23 years but the their parents if they are minor irrespective of
female can do sonly till the age of 20 years the pact that they are married or
(2 years after attaining majority, the unmarried. 43 Thus, it will not be wrong to
marriage can be annulled by any party to the say that is has failed drastically in its
marriage). It is held to be discriminatory in application.
nature, as it gives the male more time than
the female. This refutes the purpose of the Conclusion and Recommendations:
whole Act for which it came into being. The Child marriage is a menace that cannot be
Act lays specific emphasis on preventing the cured without the buttress of the society. It
child marriage and not prohibiting it in is therefore, extremely important for the
totality. The uncontrolled child marriages government to publicize the contents of the
that are being performed in India, even after present Act and create awareness about the
the passing of the legislation, clearly shows ills of child marriage. 44 The awareness can
that it has no effect on the society and the be spread through media, campaigns, dance,
people. According to UNICEF, 40% of the and street play or in any other appropriate
world's child marriages take place in India. 40 form. Education must be imparted amongst
the children by the teachers in the school
The current Act impliedly gives consent for itself relating to the harmful consequences
child marriages and so do the other Acts in of child marriage and thus, encouraging
force. The Hindu marriage Act, 1955 lays them to marry at a later stage. For this,
down that the marriage can be solemnized Article 21A of the Indian Constitution must
between adults that is, bridegroom should be promoted. The studies show that the more
have attained the age of 21 years and the the child is educated the later they tend to
bride of 18 years. But at the same time, the marry. Commissions set up at State and
1955 Act does not make the marriage void Central level must look into such matters
in contravention of the age, it only makes it and report them as soon they possess the
punishable. The Dowry Prohibition Act, knowledge of any such act. The Acts
1961 also contains provisions which give mentioned above should all be amended in a
implied validity to minor's way that it does not transgress the essence of
marriages. 41The words 'when the woman the law and at the same time it does not
was minor' used in Section 6(1) (c) reflects promote child marriage impliedly. Also,
the implied legislative acceptance of the child marriages must be made void in order
42
child marriage. Code of Criminal to protect the interest of the child. To
completely eradicate such practice from
India, it is important to fabricate the child
39
Ibid at 38 rights with the core issue of child marriage.
40
Indian teenager annuls her child 'marriage', (Feb.
*****
2, 2018, 7:10 PM), http://www.bbc.com/news/world-
asia-india-17838022
41 43
Yunusbhai Usmanbhai Shaikh Vs State of Gujarat, Section 125, The Code of Criminal Procedure,
2016 CriLJ 717 (India) 1973, No.2, 1973 (India)
42 44
Ibid at 41 Ibid at 8
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