Child Marriage Prohibition Act, 2006 and Recent Proposed Amendments - Indian Judiciary

What is Child Marriage?

Marriage is said to be a child marriage when either the man or woman is below the minimum age of marriage that is prescribed by law.
In India, the practice of child marriage was first legally prohibited in 1929 through the “Child Marriage Restraint Act 1929”. This act was amended in 1978 to prescribe 21 & 18 years minimum age for Male and Female respectively.

In 2006 a new act The Prohibition of Child Marriage Act came into force by repealing the earlier act.
Recently in 2021, an amendment bill was introduced to increase the minimum age of marriage for females from 18 to 21 years.
This bill was referred to the Standing committee and is still pending before it.
If this bill becomes an act then the minimum age of marriage for both Male and Females will be 21 years.

What is the effect of child marriage, valid or void?

Every child marriage shall be voidable at the option of the contracting party who was a child at the time of the marriage. (Section 3)
The child contracting marriage has a right to repudiate the marriage. A person married below the minimum age may apply for annulment within two years of attaining majority, i.e. 20 years (as per the existing law) and will become 23 years (if the 2021 amendment bill passes in parliament).
If marriage is not repudiated within the prescribed period, it is perfectly valid, and children born out of wedlock are legitimate.
Every child begotten or conceived of such marriage before the decree is made, whether born before or after the commencement of this Act, shall be deemed to be a legitimate child for all purposes.(Section 6)

Marriage of a minor child to be void in certain circumstances. (Section 12)

Where a child, being a minor—
(a) is taken or enticed out of the keeping of the lawful guardian; or
(b) by force compelled, or by any deceitful means induced to go from any place; or
(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes, such marriage shall be null and void.

Is there any punishment prescribed for conducting child marriage? (Section 9, 10, 11)

9. If Any Adult Male Contracts a Child Marriage: he shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.
10 & 11. Whoever Performs, Conducts, Directs, Abets, Promotes, or Permits the solemnization of child marriages shall also be punishable with the same punishment i.e. 2 years (Rigorous Imprisonment) or with a fine up to one Lakh rupees or with both.

15. Offences to be cognizable and non-bailable.—

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be cognizable and non-bailable.

16. Child Marriage Prohibition Officers.—

(1) The State Government shall, by notification in the Official Gazette, appoint for the whole State, or such part thereof as may be specified in that notification, an officer or officers to be known as the Child Marriage Prohibition Officer having jurisdiction over the area or areas specified in the notification.
(3) It shall be the duty of the Child Marriage Prohibition Officer—
(a) to prevent solemnisation of child marriages by taking such action as he may deem fit;
(b) to collect evidence for the effective prosecution of persons contravening the provisions of this Act;
(c) to advise either individual cases or counsel the residents of the locality generally not to indulge in promoting, helping, aiding or allowing the solemnisation of child marriages;
(d) to create awareness of the evil which results from child marriages;
(e) to sensitize the community on the issue of child marriages;

Consequences of child marriage.

Early maternal deaths: Girls who marry earlier in life are less likely to be informed about reproductive issues and because of this, pregnancy-related deaths are known to be the leading cause of mortality among married girls between 15 and 19 years of age.