The Prohibition of Child Marriage Act, 2006
✅ OBJECTIVE OF THE ACT
The main objective of the Prohibition of Child Marriage Act, 2006 is:
To prohibit the solemnization of child marriages.
To protect children from being forced into marriage at a young age.
To provide for punishment of those who promote, perform, or permit child marriages.
To offer relief and rehabilitation to child brides and grooms.
✅ DEFINITION OF CHILD
Under Section 2 of the Act:
A "child" means:
A male who has not completed 21 years of age.
A female who has not completed 18 years of age.
Thus, marriage of a boy under 21 or a girl under 18 is considered a child marriage.
✅ MAJOR PROVISIONS OF THE ACT
1. Voidable Marriage (Section 3)
A child marriage is voidable at the option of the contracting party who was a child at the time of marriage.
The petition for annulment can be filed within 2 years of attaining majority (i.e., before the age of 20 for girls and 23 for boys).
2. Void Marriages (Section 12)
Certain marriages are considered void ab initio (from the beginning) under this Act, such as:
If a child is taken away from the lawful guardian by force or deceit for marriage.
If a child is sold or trafficked for marriage.
3. Punishment for Male Adult Marrying a Child (Section 9)
A male adult (18 or above) who marries a female child is punishable with up to 2 years’ imprisonment or a fine up to ₹1 lakh, or both.
4. Punishment for Those Who Perform or Conduct Child Marriages (Section 10)
Any person who performs, conducts, or directs a child marriage can be punished with imprisonment up to 2 years and a fine up to ₹1 lakh.
5. Punishment for Promoting or Permitting Child Marriage (Section 11)
This includes parents/guardians or anyone having charge of the child.
They can be punished with up to 2 years imprisonment and a fine of ₹1 lakh.
6. Child Marriage Prohibition Officers (CMPO) (Section 16)
The Act provides for the appointment of Child Marriage Prohibition Officers to:
Prevent child marriages.
Collect evidence.
Advise and counsel.
Create awareness.
7. Maintenance and Custody (Section 4 and 5)
The court may order maintenance to the female contracting party (i.e., child bride) by the male or his guardian.
Custody of any children from the marriage can be decided by the court in the best interests of the child.
✅ IMPORTANT CASE LAWS
1. Independent Thought v. Union of India (2017) – Supreme Court
Issue: Whether marital rape of a minor wife (between 15–18 years) is legal.
Decision: The exception in the IPC which allowed sex with a minor wife (above 15) was read down. The Court held that sexual intercourse with a minor wife (under 18) is rape under IPC Section 375.
Significance: Strengthened the protection of girl children under PCMA, aligning it with other child protection laws like POCSO.
2. Lajja Devi v. State (2012) – Delhi High Court
Held: PCMA overrides personal laws. Even if a community’s personal law permits child marriage, it is still prohibited under the PCMA.
The Court clarified that child marriages are not void, but voidable, unless they fall under the special cases listed in Section 12.
3. Seema v. Ashwani Kumar (2006) – Supreme Court
Though not directly under PCMA, this case emphasized the need for compulsory registration of marriages.
Significance: Supports better implementation of laws like PCMA by providing documentation and helping prevent child marriages.
4. Jitender Kumar Sharma v. State & Anr. (2010) – Delhi High Court
Issue: A girl aged 16 married a boy aged 19 with mutual consent.
The Court held: Though the marriage is not void, it is voidable at the girl’s option. PCMA does not criminalize the child herself, but protects her.
✅ RELATION WITH OTHER LAWS
POCSO Act (2012): Any sexual act with a child under 18 is punishable, even if it occurs within marriage.
Hindu Marriage Act, 1955: Sets the age of marriage, but PCMA prevails in case of inconsistency.
Indian Penal Code: Under Section 375 (rape), marriage with a child bride does not protect the husband anymore, after the Independent Thought judgment.
✅ CRITICAL ANALYSIS
Strengths:
Provides legal protection and remedies.
Penalizes all involved parties.
Empowers courts to take proactive action.
Challenges:
Social acceptance of child marriage in rural areas.
Implementation gaps – law enforcement is often reluctant to act.
Child marriages still occur informally or in religious ceremonies.
✅ CONCLUSION
The Prohibition of Child Marriage Act, 2006 is a progressive law aimed at eradicating a harmful practice that undermines the rights, health, and education of children—particularly girls. While it has laid a solid legal foundation, effective enforcement, social awareness, and education are key to achieving its full impact.
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