ᕼᗴ'ᒪᒪ ᖴᖇᎥᗴᑎᗪᔕ ᕼᗝᗯ ᗩᖇᗴ Ƴᗝᑌ? who is the bestchild marriage valid under Hindu law?
What has been done to stop child
Answers
The Child Marriage Restraint Act,1929
The Child Marriage Restraint Act,1929
(19 of 1929)
An Act to restrain the solemnisation of child marriage.
Section 1 : Short title extent and commencement
This Act may be called the Child Marriage Restraint Act, (1929).
It extends to the whole of India (except the State of Jammu and Kashmir) and it applies also to all citizen of India without and beyond India.
It shall come into force on the 1st day of April, 1930.
Section 2: Definitions In this Act, unless there is anything repugnant in the subject or context:
"Child" means a person who, if a male, has not completed twenty one year of age, and if a female, has not completed eighteen years of age;
"child marriage" means a marriage to which either of the contracting parties is a child;
"contracting party" to a marriage means either of the parties whose marriage is (or is about to be) thereby solemnised and
"minor" means a person of either sex who is under eighteen years of age.
Section 3: 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.
Section 4: 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.
Section 5: Punishment for solemnising a child marriage -- (1) Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child -marriage.
Section 6: Punishment for parent or guardian concerned in a child marriage --
To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in 1929. 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.
It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India within and beyond India.
It came into force from the Ist day of April, 1930.
"Child" means a person who, if a male,. is under twenty one years of age, and if a female, is under eighteen years of age
"child marriage" means a marriage to which either the contracting parties is a child;
"contracting party" to a marriage means either of the parties whose marriage is or is about to be thereby solemnised;
"minor" means a person of either sex who is under eighteen years of age.
The penal provisions do not invalidate the fact of marriage nor do the penal provisions apply to a child. 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 extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
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.
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.
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).
Explanation:
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