CHILD MARRIAGE RESTRAINT ACT 1929 PDF
The Child Marriage Restraint Act, , India. 3 Years Ago; admin; Laws and acts governing the system. An Act to restrain the solemnisation of child marriage. The Child Marriage Restraint Act, (19 of ). An Act to restrain the solemnisation of child marriage. Section 1: Short title extent and commencement (1) This Act may be called the Child Marriage Restraint Act (). (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever.
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When such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the court rejects the application wholly or in part, it shall record in writing its reasons for so doing. Offences to be cognizable for certain purposes. It came into effect six months later on 1 April and it applies to all of British India, not just to Hindus.
Provided that no woman shall be punishable with imprisonment. The percentage of widowed children had decreased from aboutto aboutAs the law is not mindful about the active culpability of these persons, this Act has not yielded the desired results. Its section 3 provides that, who ever, being a male above eighteen years of age and below twenty one, contracts a child marriage shall be punished with simple imprisonment, which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
Retrieved from ” https: The number of wives under the age of five had quadrupled originally the numbers were about , which then shot up toThe child bride or the child bridegroom are mere passive actors in such a marriage and the active participants are the parents, guardians or the custodians of such children.
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So the reestraint “where a minor contracts a child marriage” in section 6 l ought not to be literally interpreted as per its dictionary meaning but ought to be understood as meaning “where a child marriage” takes place or where a minor enters into a child marriage.
This further dilutes the efficacy of the law.
This Act was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces by virtue of 18 th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab Child Marriage Restraint Marriagge Act XII of Out of the successful prosecutions, only 17 or so did either all of or part marriagf their sentence.
Punishment for solemnising a child marriage — 1 Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine marrisge he proves that he had reason to believe that the marriage was not a child-marriage. Notwithstanding anything contained in section of the Code of Criminal Procedure,no Court other than a Metropolitan Magistrate or a Judicial Magistrate of the First Class can take cognizance of, or try any offence under this Act.
Under the pressure of world opinion, the social reformists in India and Nationalist freedom fighters, the Government referred the Bill to a select committee named as the Age of Consent Committee headed by Sir Moropant Visavanath Joshithe Home Member of Central Provinces. In the s, the only parties in India that continued to support the British rule were these communal groups. The imposition of fine only lacks the deterrent effect which is needed most in such cases. Definitions — In this Act, unless there is redtraint repugnant in the subject or context — a “Child” means a person who, if a male, has not completed twenty one year of age, and if a female, has not completed eighteen years of age ; b “Child marriage” means a marriage to which either of the contracting parties is a child ; c “Contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnised and d “Minor” means a person of either sex who is under eighteen years of age.
It is popularly known as the Sarda Actafter its sponsor Harbilas Sarda. In his autobiographyNehru elucidates that this was largely due to the fact that the British did marriave want to earn the displeasure of the communal elements among the Hindus and Muslims.
The Child Marriage Restraint Act, , India (child marriage, early marriage, Law, legislation)
An Autobiography Tenth ed. It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities. It is note worthy that a contravention of the provisions of the Act does not render the marriage invalid as the validity of the marriage is a subject beyond the scope of the Act. Jurisdiction under this Act. The penal provisions do not invalidate the fact of marriage nor do the penal provisions apply to a child. A census was available at the public during the summer of in order to give a status report of how the bill was doing: Consummation of “Gauna” cnild not part of marriage ceremony.
Imprisonment not to be awarded for offences restraitn section 3. Though these numbers are startling, chjld the six months between when it was passed and when it became an active bill, it’s suggested that only about three million girls and two million boys were forced into a child marriage; the largest percent of these marriages were between Muslim marrisge. Power reetraint issue injunction prohibiting marriage in contravention of this Act.
The object is to eliminate the special evil which had the potentialities of dangers to the life and health of a female child, who could not withstand the stress and strains of married life and to avoid early deaths of such minor mothers. A marriage under the Hindu Law by a minor male is valid even though the marriage was not brought about on his behalf by the natural or lawful guardian. Imprisonment not to be awarded for offence under section 3. Skip to main content Search.
Punishment for male adult above twenty one years of age marrying a child — Whoever, being a male above twenty one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine. Views Read Edit View history.
They played a major role in the development of argument and actively marriafe the device of political petition and in the process contributed in the field of politics.
Mode of taking cognizance of offence. Various bills addressing questions on the age of consent were introduced in the Indian legislatures and defeated. The bill’s census report, however, shows that the law reached and affected the masses, even if the numbers are very slight. It came into force from the Ist day of April, Punishment for solemnizing a child marriage.
The marriage being complete before the consummation, a person may be convicted under this Act, though consummation has not taken place.
Act XIX of Minors are incapable of entering into any valid contract and marriage under rextraint Hindu law is not a contract. The Joshi Committee presented its report on 20 June and was passed by the Imperial Legislative Council on 28 September and became a law on 1 April extending to the whole of British India.
Punishment for male adult below twenty one acct of age marrying a child — Whoever, being a male above eighteen years of age and below twenty one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.