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Marriage Law In India 2023- The Prohibition Of Child Marriage Act (Pcma)

  • Writer: Lead India
    Lead India
  • Nov 29, 2023
  • 3 min read

In 1978, the Child Marriage Restriction Act of 1929 was modified to raise the legal age of marriage for females from 15 to 18 years old and for males from 18 to 21 years old. To guarantee that child marriage is completely eliminated from society, the Indian government passed the Prohibition of Child Marriage Act of 2006, which superseded the previous Child Marriage Restriction Act, of 1929.

Prohibition of Child Marriage Act: About and Objectives

The purpose of the Prohibition of Child Marriage Act (2006) is to:

Punish those responsible for carrying out child marriages and give both child marriage spouses the legal chance to renounce their union through a decree of nullity. (Void & Voidable) 

The current legislation grants the right to both male and female children of forced marriage, regardless of gender. 

This particular Act can be interpreted as follows: 

General and secular law (that is relevant to every Indian citizen).

Criminal laws. 

Laws that are progressive and social. 

Matrimonial law has a consistent application and solely regulates "child marriage" (the status of child marriage).



Prohibition of Child Marriage Act: Its Applicability

The following aspects are covered by this Act are:

It covers all citizens of India, regardless of faith, as well as people outside of India.

The State of Jammu and Kashmir, however, and the renunciants of the Pondicherry Union territory are not covered by this Act.

Prohibition of Child Marriage Act: Punishments

The crime of child marriage carries a potential sentence of harsh jail time, a fine, or both according to Section 11 of the Act. The solemnization of underage weddings may be prohibited by injunctions issued by the courts. The Act's offences are cognizable and not subject to bail. Those who are subject to legal punishment include:

Someone who arranges, supervises, or helps arrange a child marriage.

An adult individual over the age of eighteen who marries a young woman

Any adult in charge of the child, such as a parent, guardian, or organization member, who encourages, approves, or takes part in a child marriage or neglects to stop it.

Personal Laws: Prohibiting Child Marriages

Hindu Marriage Act of 1955

According to Section 5 (ii) read with Section 13 (2) (4) under the Hindu Marriage Act, the child marriage is not void nor voidable (nevertheless, a woman may file for divorce)

Special Marriage Act of 1954

According to Section 4 (c) read with Section 24 (1) (i) under the Special Marriage Act, the child marriage is void.

Muslim Personal Law

According to Principle of Puberty read with Section 2 (vii) of Dissolution of Muslim Marriage Act, the child marriage is valid however, a woman is able to file for divorce.

Indian Christian Marriage Act of 1869

According to Section 3 read with Section 19 of the Indian Christian Marriage Act, the child marriage is rendered to be valid by the guardian’s consent.

Parsi Marriage and Divorce Act of 1936

According to Section 3 (c) of the Parsi Marriage and Divorce Act, the child marriage is an invalid marriage.

Prohibition of Child Marriage Act: Process for Implementation

By designating particular authorities to oversee the prevention and proscription of child marriages, as well as by making certain activities illegal, the law aims to forbid child marriages. These individuals bear the responsibility of guaranteeing the execution of the Act. 

Every state must designate Child Marriage Prohibition Officers (CMPO) to forbid child marriages, guarantee victim protection, and prosecute violators. The Act establishes penalties for individuals who formally consummate underage marriages. 

After a child is rescued, the law offers them all kinds of support and assistance, including counselling, medical care, legal assistance, and rehabilitative assistance. 

It provides for the custody and maintenance of all children conceived from marriages between children and grants them legal status. It covers the female contracting party's housing and maintenance.

If a man who is older than eighteen marries a minor, he will be subject to legal consequences. The CMPO is authorised to present children who are in need of protection and care before the Child Welfare Committee or, in the absence of a Child Welfare Committee, a First-Class Judicial Magistrate. 

The Officer is also permitted to offer victims of child marriage the required legal aid.

You can hire lawyers if you want to perform your court marriage. The court marriage lawyers help you with the proper procedure for getting married in the court. Simultaneously, these lawyers can help you in your marriage registration as well.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.


Visit us: — www.leadindia.law 

Call Us: +91–8800788535


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