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Prohibition of Child Marriage Act, 2006 - The Child Marriage Restraint Act, 1929 has been repealed and the major provisions of the new Act include:

Age of marriage for boys is 21 ƒƒ and 18 for girls and any marriage of persons below this age is child marriage - illegal, an offence and punishable under law

ƒƒEvery child marriage shall be void if so desired by either the bride or the groom who was a child at the time of the marriage

ƒThe Court while granting nullity shall make an order directing the parents and guardians to return the money, ornaments and other gifts received

The Court may also make an ƒƒ order directing the groom or parents or guardian to pay maintenance to the bride until her remarriage

The Court shall make an appropriate order for the custody and the maintenance of the offspring of child marriages

ƒNotwithstanding that a child marriage has been annulled, every offspring of such a marriage shall be deemed to be a legitimate child for all purposes

ƒƒAny person arranging, party to, solemnising, participating in a child marriage is also liable to be punished under the Act, including mass marriages

ƒƒChild marriages to be considered automatically void in certain circumstances like minor being sold for the purpose of marriage, minor after being married is sold or trafficked or used for immoral purposes, etc.

ƒƒEnhancement in punishment for male adults marrying a child, and persons performing, abetting, promoting, attending, etc., a child marriage to be imprisoned up to two years and fined up to one lakh rupees

ƒAct identifies officials as prohibition officers. The States will appoint child marriage prohibition officers whose duties include prevention of child marriages, collection of evidence for effective prosecution, creating awareness and sensitisation of the community, etc.

ƒThe penalty for facilitating child marriage is rigorous imprisonment up to two years and/or a fine up to one lakh rupees

 

 

 


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