The child marriage restraint act, 1929, india 5 years ago admin laws and acts governing the system. The child marriage restraint act, 1929 an act to restrain the solemnisation of child marriages. The child marriage restraint act, also called the sarda act, was a law to restrict the practice of child marriage. Originally, the age limit for a male was eighteen years and for a female fourteen years. However, despite the law, child marriages continued to take place. Amendment of section 4, act xix of 1929 the said act, in section 4. The child marriage restraint act, 1929 laws of india. After the publication of gazette notification by the law ministry, this act will replace the child marriage restraint act, 1929.
As a result, child marriages continue unabated even today. Child marriage restraint act commonly known as sarda act was. Marriage re straint act 1929, the legal marriage a ge in bangladesh is 18 years for girls and 21 years for boys. Child marriage restraint act 1929 pdf the child marriage restraint act, india. The extent to which the committee suggestions were incorporated in the act can be analyzed by carefully studying the act. Pdf effects of child marriage on girls education and. The legal age for marriage in india is eighteen for girls and twentyone for boys,20 on the lines of what was mentioned in the child marriage restraint act of 1929. The quaids success in making the child marriage restraint act of 1929 applicable to muslim girls, too, has been frequently referred to in public debate, but it is worth recalling once more. Imprisonment not to be awarded for offence under section 3. In this act, unless there is anything repugnant in the subject. Situational analysis in three states 1 1 introduction 1.
The indian constitution provides for prohibitions against child marriage through various laws and enactments. An act to make afresh a timebefitting law by repealing the child. The child marriage restraint amendment act, 2016 national. Child marriage restraint act, 1929 overview, formation. One of the major concerns of the civil society and womens rights activists regarding this law is the provision that allows marriage under the statutory minimum age. The bill was placed with a request for annulment and reframing of the child marriage restraint act. Punishment for parent or guardian concerned in a child marriage. The child marriage restraint act, 1929 19 of 1929 an act to restrain the solemnisation of child marriage. The child marriage restraint act 1929 punjab laws online. However, as a result of the cmras ineffectiveness, new legislation was enacted 77 years later, in the form of the prohibition of child marriage act, 2006 pcma, 2006. The child marriage restraint act, 1929 2 slideshare. Bangladesh parliament passes law allowing child marriage in special circumstances.
Child marriage was outlawed in 1929 through the introduction of cmra, 1929, passed on 28 september, 1929. According to the sindh child marriage restraint act 20, in cases of underage marriage the bride, groom and parents can all be sentenced to three years in prison and can be fined with rs. Imprisonment not to be awarded for offences under section 3. The child marriage restraint act, 1929 1 the child marriage restraint act, 1929 1 act no. The sindh assembly is the first assembly in pakistan where a a bill of this kind is passed. The child marriage act restraint 1929 prohibits the marriages of children below the age of 16 for girls and 18 for boys.
However, through the child marriages restraint amendment bill 2009 and the charter of child rights bill 2009 efforts have been made in. Short title extent and commencement 1 this act may be called the child marriage restraint act, 1929. Tv journalist arrested over alleged fake news that lead to congregation in mumbai. Xix of 1929, hereinafter referred to as the said act, in section 2 for paragraph a, the following shall be substituted, namely. This question was examined by the joshi committee 1925 and on its recommendations the. An act to restrain the solemnisation of child marriage. The core provisions of the prohibition of child marriage act, 2006 are as follows. However, the act remained a dead letter during the colonial period of british rule in india. The child marriage restraint act, 1929, was enacted with a view to prevent child marriages, namely, a marriage to which either of the contracting parties is under a specified age. The child marriage restraint act, 1929 laws of bangladesh.
Child marriage restraint act commonly known as sarda act was passed in 1929 which raised the marriageable age for girls to 14 and for boys to 18 years. Child marriage restraint act, 1929 pakistan lawyer. This act may be called the child marriage restraint act, 1 1929. Later renamed as the child marriage restraint act cmra, 1929, it prohibited marriage of girls below the age of 15 years and boys below the age of 18. In 1928, the law was amended to make it more effective and raise the minimum age of marriage by three years i. To eradicate the evil of child marriage, the child marriage restraint act was passed in 1929. The 1929 act was a queer piece of legislation rendering all child marriages illegal but not void. Child marriages and the law in india human rights law. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 16 years and boys at 18 years which was later amended to 18 for girls and 21 for boys. Whereas it is expedient to restrain the solemnisation of child marriages. It is popularly known as the sarda act, after its sponsor harbilas sarda. The rights of a child are exercised by proxy through the family. Bangladeshs child marriage restraint act cmra, first passed in 1929 and subsequently amended several times, makes it a criminal offense to marry or facilitate the marriage of a girl under 18.
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. Knowledge and attitude towards child marriage practice. It was enacted on 1 april 1930, extended across the whole nation, with the exceptions of some princely states like hyderabad and jammu and kashmir, and applied to every indian citizen. Ministry of law, justice and parliamentary affairs, bangladesh. Moreover, the act did not reach the population in the villages for lack of publicity. Analysis of child marriage restraint act 1929 racolb legal. The child marriage restraint act, 1929, india child. Whereas it is expedient further to amend the child marriage restraint act, 1929, to make appropriate amendments to strictly punish child marriages. The amended law came to be known as the child marriage restraint act, 1929.
It was obeyed in its breach more than in its observance. This act fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys. Bangladesh parliament passes law allowing child marriage. This act defines the ages of an adult male and female. Child marriage restraint national assembly of pakistan. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys. Of child marriage act, 2006 which had replaced the child marriage restraint act. Vi of 2017 an act to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 whereas it is expedient and necessary to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 act no. This section deals with the extent and commencement of the act. This legislation is armed with enabling provisions to prohibit child marriages. This act may be called the child marriage restraint act, 1929. Child marriage remained valid in the eyes of the law. The child marriage restraint act, 1929 provides punishment to men who marry children, those.
As per jawaharlal nehru, this was largely due to the fact that the colonial british government did nothing to propagate awareness of it, especially in smaller towns and villages of india. The child marriage restraint act 1929, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Whereas it is expedient to restrain the solemnization of child marriages. Xix of 1929 an act to restraint the solemnization of child marriages. Handbook on the prohibition of child marriage act, 2006. The first law that was designed was the child marriage restraint act of 1929 which extended to the whole of india except jammu and kashmir. In this act, unless there is anything repugnant in the subject or context. Indianorigin ipr expert appointed as high court judge in singapore. In 1978, the law was amended to raise the minimum age.
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