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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This injunction shall not be issued against any person unless the court has previously given notice thereof to the person concerned and has afforded him an opportunity to show cause against the issue of the injunction.
Preliminary inquiries into offences — Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall unless it dismisses the complaint under Section of the Code of Criminal Procedure, 1992 of rrstraint itself make an inquiry under Section of that Code or direct a Magistrate subordinate to it to make such inquiry.
Whoever, being male above twenty one years of age contracts a child marriage shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine. 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.
In his autobiographyNehru elucidates that this was largely due to the fact that the British did not want to earn the displeasure of the communal elements among the Hindus and Muslims.
The number of wives under the age of five had quadrupled originally the numbers were about , which then shot up toA census was available to the public during the summer of in order to give a status report of how the bill was doing: Punishment for marrying a child. 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.
Child Marriage Restraint Act – Wikipedia
To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in However, the Act remained a dead letter during the colonial period restranit British rule in India. The list rdstraint on with acquittals, with 98 cases still pending during August The Court may issue an injunction against any of the persons mentioned in Section 3, 4, 5 and 6 of this Act prohibiting such marriage.
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.
Short title, extent and commencement. Act XIX of Injunction — Section 12 empowers the Magistrate to issue injunction prohibiting marriage in contravention of this Act. The marriage under the Hindu Law is a sacrament and not a contract. Economic and Political Weekly.
Child Marriage Restraint Act
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.
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.
Imprisonment not to be awarded for offence under section 3. Retrieved 18 May The bill’s census report, however, shows that the law reached and affected the masses, even if the numbers are very slight.
The British government mafriage not wish to lose restraibt support, hence they completely avoided implementing this and similar social reforms, instead focusing their attention on preventing the Indian freedom movement.
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’. Pro-reform politicians, such as Motilal Nehruwere caught off guard when the organized women’s association met with leaders to ask for their support in the bill.
It extends to the whole of Chlid except the State of Jammu and Kashmir and it applies also to all citizens of India within and beyond India. If this social evil is to be eradicated the role of such marrriage should be brought to book with deterrent punishment.
Retrieved from ” https: The minority of an individual can operate as a bar to his or her incurring contractual obligations, but it cannot be an impediment in the matter of performing a necessary “Sanskara”. A minor’s marriage without the consent of the guardian can be held to be valid on the application of the doctrine of factum valet.
In the Indian social set-up a male adult can be imputed greater sense of foreseeability of the consequences of this social evil of child marriage and in this context the punishment prescribed by the law to deter them is too mild in effect specially in this era of social justice when penology has become more reformative than deterrent. 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 Amendment Act XII of It is popularly known as the Sarda Actafter its sponsor Harbilas Sarda.
Although this is a victory for the women’s movement in India, the act itself was a complete failure. This page was last edited on 9 Novemberat Jurisdiction under this Act. Whereas it is expedient to restrain the solemnization of child marriages: 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.
From Wikipedia, the free encyclopedia. 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.
It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities. Whoever performs, conducts or directs any child marriage shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine, unless he proves that he had reasons to believe that the marriage was not a child marriage section 5.
Mode of taking cognizance of offence. Under this section, it is presumed that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.