Child marriage restraint act 1929 pdf

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. In 1978, the law was amended to raise the minimum age. The child marriage restraint act, 1929, india child. An act to make afresh a timebefitting law by repealing the child. 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. To eradicate the evil of child marriage, the child marriage restraint act was passed in 1929. 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.

In this act, unless there is anything repugnant in the subject. 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. The 1929 act was a queer piece of legislation rendering all child marriages illegal but not void. Child marriage restraint act, 1929 overview, formation.

The amended law came to be known as the child marriage restraint act, 1929. Indianorigin ipr expert appointed as high court judge in singapore. The child marriage restraint act, 1929, india 5 years ago admin laws and acts governing the system. Child marriage restraint act commonly known as sarda act was. However, through the child marriages restraint amendment bill 2009 and the charter of child rights bill 2009 efforts have been made in.

This section deals with the extent and commencement of the act. Child marriages and the law in india human rights law. The core provisions of the prohibition of child marriage act, 2006 are as follows. 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. Pdf effects of child marriage on girls education and. 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. Ministry of law, justice and parliamentary affairs, bangladesh. Whereas it is expedient to restrain the solemnisation of child marriages. Child marriage restraint act, 1929 pakistan lawyer. Xix of 1929, hereinafter referred to as the said act, in section 2 for paragraph a, the following shall be substituted, namely. The child marriage act restraint 1929 prohibits the marriages of children below the age of 16 for girls and 18 for boys. 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. Of child marriage act, 2006 which had replaced the child marriage restraint act.

The child marriage restraint act 1929 punjab laws online. This legislation is armed with enabling provisions to prohibit child marriages. 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. Originally, the age limit for a male was eighteen years and for a female fourteen years. Imprisonment not to be awarded for offences under section 3. Xix of 1929 an act to restraint the solemnization of child marriages. This act may be called the child marriage restraint act, 1 1929. The child marriage restraint act, 1929 laws of india. The child marriage restraint act, 1929 laws of bangladesh. Knowledge and attitude towards child marriage practice.

Imprisonment not to be awarded for offence under section 3. The child marriage restraint act, 1929 19 of 1929 an act to restrain the solemnisation of child marriage. Child marriage was outlawed in 1929 through the introduction of cmra, 1929, passed on 28 september, 1929. 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. The child marriage restraint amendment act, 2016 national. However, despite the law, child marriages continued to take place. It was obeyed in its breach more than in its observance. Child marriage restraint act 1929 pdf the child marriage restraint act, 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. Punishment for parent or guardian concerned in a child marriage. Short title extent and commencement 1 this act may be called the child marriage restraint act, 1929. 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.

This act may be called the child marriage restraint act, 1929. However, the act remained a dead letter during the colonial period of british rule in india. As a result, child marriages continue unabated even today. Analysis of child marriage restraint act 1929 racolb legal. The child marriage restraint act, 1929 provides punishment to men who marry children, those. The extent to which the committee suggestions were incorporated in the act can be analyzed by carefully studying the act. 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. 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. 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. 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.

It is popularly known as the sarda act, after its sponsor harbilas sarda. 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. The indian constitution provides for prohibitions against child marriage through various laws and enactments. The bill was placed with a request for annulment and reframing of the child marriage restraint act. Tv journalist arrested over alleged fake news that lead to congregation in mumbai. This question was examined by the joshi committee 1925 and on its recommendations the. Bangladesh parliament passes law allowing child marriage.

Bangladesh parliament passes law allowing child marriage in special circumstances. Whereas it is expedient further to amend the child marriage restraint act, 1929, to make appropriate amendments to strictly punish child marriages. The child marriage restraint act 1929, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Amendment of section 4, act xix of 1929 the said act, in section 4. 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. In 1928, the law was amended to make it more effective and raise the minimum age of marriage by three years i. In this act, unless there is anything repugnant in the subject or context. The child marriage restraint act, 1929 1 the child marriage restraint act, 1929 1 act no.

Situational analysis in three states 1 1 introduction 1. After the publication of gazette notification by the law ministry, this act will replace the child marriage restraint act, 1929. This act defines the ages of an adult male and female. The sindh assembly is the first assembly in pakistan where a a bill of this kind is passed. 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 national assembly of pakistan. To ensure that child marriage is eradicated from within the society, the government of india enacted the prohibition of child marriage act, 2006 replacing the earlier legislation of child marriage restraint act, 1929. An act to restrain the solemnisation of child marriage. The child marriage restraint act, 1929 2 slideshare. 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 rights of a child are exercised by proxy through the family. Pakistan faced several challenges in dealing with the issue of child marriage practice. An act to restraint the solemnization of child marriages. Moreover, the act did not reach the population in the villages for lack of publicity. Whereas it is expedient to restrain the solemnization of child marriages.