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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Act XIX of The present law is lukewarm in this regard.
Global Legal Monitor
The Court may issue an injunction against any restaint the persons mentioned in Section 3, 4, 5 and 6 of this Act prohibiting such marriage. Preliminary inquiries into offences — Any Court, on receipt of a complaint of an offence of which it is authorised maarriage take cognizance, shall unless it restrant the complaint under Chjld of the Code of Criminal Procedure, 2 of either itself make an inquiry under Section of that Code or direct a Magistrate subordinate to it to make such inquiry.
Though these numbers are marirage, during 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 children.
It came into effect six months later on 1 April and it applies to all of British India, not just to Hindus. Punishment for parent or guardian concerned in a child marriage — 1 Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does chlld act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.
Punishment for male adult below twenty one years 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.
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 ,arriage to fifteen days, or with fine which may extend to one thousand rupees, or with both. The imposition of fine only lacks the deterrent effect which is needed most in such cases.
Child Marriage Restraint Act | , India |
If this social evil is to be eradicated the role of such intermediaries should be gestraint to book with deterrent punishment. It came into force from the Ist day of April, Declaring they would begin to make their own laws, free of male influence, the women’s organization brought liberal feminism to a forefront.
Power to issue injunction prohibiting marriage in contravention of this Act. Although this is a victory for the women’s movement in India, the act itself was a complete failure.
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, acr the province of the Punjab Child Marriage Restraint Amendment Act XII of It is popularly known as the Sarda Actafter its sponsor Harbilas Restriant. Jurisdiction under this Act – Notwithstanding anything contained in Section of the Code of Criminal Procedure, 2 ofno Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall take cognizance of, or try, any offence under this Act.
Views Read Edit View history. Section 6 provides that where a minor contracts a child marriage any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine.
Power to issue injunction prohibiting marriage in contravention of this Act — 1 Notwithstanding anything to the contrary contained in this Act the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.
Punishment for parent or guardian concerned chkld a child marriage. Various bills addressing questions on the age of consent were introduced in the Indian legislatures and defeated.
Child Marriage Restraint Act
The marriage being complete before the consummation, a person may be convicted under this Act, though consummation restrwint not taken place. It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities. Muslim women presented their views to the Joshi Committee in favour of raising the age limit of marriage even when they knew that they would face opposition from Muslim Ulemas.
An Autobiography Tenth ed.
The Child Marriage Restraint Act, 19 of | Ministry of Women & Child Development | GoI
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 marriate under this Act.
In the s, marrage only parties in India that continued to support the British rule were these communal groups. Provided that no woman shall be punishable with imprisonment. The British government did not wish to lose their support, hence they completely avoided implementing this and similar social reforms, instead focusing their attention on preventing the Indian freedom movement.
Retrieved from ” https: The all-India women’s association pressured politicians for their support in the bill, standing outside their delegations holding placards and shouting slogans such as ‘if you oppose Sarda’s bill, the world will laugh at you’. 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. It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches.