Union of India – Act

The Prohibition of Child Marriage Act, 2006

UNION OF INDIA
India

The Prohibition of Child Marriage Act, 2006

Act 6 of 2007

• Published in Gazette 6 on 10 January 2007
• Assented to on 10 January 2007
• Commenced on 10 January 2007
• [This is the version of this document as it was from 30 October 2007 to None.]
• [Note: The original publication document is not available and this content could not be verified.]

The Prohibition Of Child Marriage Act, 2006(6 of 2007)Last Updated 30th December, 2019Statement of Objects and Reasons.-The Child Marriage Restraint Act, 1929 was enacted with a view to restraining solemnisation of child marriages. The Act was subsequently amended in 1949 and 1978 in order, inter alia, to raise the age limit of the male and female persons for the purpose of marriage. The Act, though restrains solemnisation of child marriages yet it does not declare them to be void or invalid. The solemnisation of child marriages is punishable under the Act.2. There has been a growing demand for making the provisions of Act more effective and the punishment thereunder more stringent so as to eradicate or effectively prevent the evil practice of solemnisation of child marriages in the country. This will enhance the health of children and the status of women. The National Commission for Women in its Annual Report for the year 1995-96 recommended that the Government should appoint Child Marriage Prevention Officers immediately. It further recommended that-(i) the punishment provided under the Act should be made more stringent; (ii) :marriages performed in contravention of the Act should be made void; and (iii) the offences under the Act should be made cognisable.3. The National Human Rights Commission undertook a comprehensive review of the existing Act and made recommendations for comprehensive amendments therein vide its Annual Report 2001-2002. The Central Government, after consulting the State Governments and Union territory Administrations on the recommendations of the National Commission for Women and the National Human Rights Commission, has decided to accept almost all the recommendations and give effect to them by repealing and re-enacting the Child Marriage Restraint Act, 1929.4. The salient features of the Bill are as follows:-(i) To make a provision to declare child marriage as voidable at the option of the contracting party to the marriage, who was a child.(ii) To provide a provision requiring the husband or, if he is a minor at the material time, his guardian to pay maintenance to the minor girl until her remarriage.(iii) To make a provision for the custody and maintenance of children born of child marriages.(iv) To provide that notwithstanding a child marriage has been annulled by a decree of nullity under the proposed section 3, every child born of such marriage, whether before or after the commencement of the proposed legislation, shall be legitimate for all purposes.(v) To empower the district Court to add to, modify or revoke any order relating to maintenance of the female petitioner and her residence and custody or maintenance of children, etc.(vi) To make a provision for declaring the child marriage as void in certain circumstances.(vii) To empower the Courts to issue injunctions prohibiting solemnisation of marriages in contravention of the provisions of the proposed legislation.(viii) To make the offences under the proposed legislation to be cognisable for the purposes of investigation and for other purposes.(ix) To provide for appointment of Child Marriage Prevention Officers by the State Governments.(x) To empower the State Governments to make rules for effectively administration of the legislation.5. The Bill seeks to achieve the above objects.[10th January, 2007]An Act to provide for the prohibition of solemnisation of child marriages and for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:{||-|Enforced with effect from 1.11.2007 vide S.O.1850 (E), dated 30.10.2007; in the State of Himachal Pradesh w.e.f. 1.11.2007 vide S.O.1786 (E), dated 20.10.2007.|}