LAWS AGAINST

CHILD
MARRIAGE

WHAT IS A CHILD MARRIAGE?

Child marriage,definedas a formalmarriageor informal

union before age 18, is a reality for both boys and girls,
althoughgirlsaredisproportionatelythemostaffected.Child
marriageis widespread and can lead to a lifetime of
disadvantageanddeprivation.

WHY DOES CHILD MARRIAGE

HAPPEN?

Tradition

Poverty

Security of Girl Child (Daughters)

Gender Role (Not Value of girls)

LAWS AGAINST CHILD

MARRIAGE
THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
The Prohibition of Child Marriage Act,2006 (PCMA) was
enacted repealing the Child Marriage Restraint Act of 1929 in
order to prohibit child marriages rather than only restraining
them.
PCMAhasbeenenforcedwitheffectfrom1stNovember,2007.
It makes child marriage an offence and prescribes punishment
for

those

conducting/

abetting/

promoting/permitting/

solemnizingchildmarriages.
It provides powers to the State Government to appoint Child
Marriage Prohibition Officers (CMPO) and makes child
marriagesvoidablebygivingchoicetothechildreninthe

LAWS AGAINST CHILD

MARRIAGE
CHILD MARRIAGE RESTRAINT ACT 1929

Child Marriage Restraint Act 1929 popularly known as the

Sarda Act after its sponsor Rai Sahib Harbilas Sarda to the
BritishIndiaLegislatureinIndiawaspassedon28September
1929,fixedtheageofmarriageforgirlsat14yearsandboys
at 18 years. It came into effect six months later on April 1,
1930anditappliestoallofBritishIndia,notjusttoHindus.It
was a result of social reform movement in India. The
legislationwaspassedbytheBritishIndianGovernment

WHOM DOES IT APPLY TO?

It applies to all citizens of India irrespective of religion,

withoutandbeyondIndia.
It however, does not apply to the State of Jammu and
Kashmir.
It excludes the Renoncants of the Union Territory of
Pondicherry from its application. For them the French
Civil Laws are applicable as they are treated as citizens
ofFrance.
ImplementationStatus
TheMinistryreviewedtheimplementationoftheActinthe
Conference of State Ministers / State Secretaries of Women
and Child Development held on 16 -17th June, 2010. All
States / UTs were again requested to frame Rules under the
Act and to appoint Child Marriage Prohibition Officers. So
far,18States/UTshaveframedRulesundertheAct

WHERE TO FILE A COMPLAINT?

Police Station:Thepolicemust make aDD entry(an entryin
the Daily Diary Register maintained at every police station)
and register an FIR (First Information Report) based on such
complaint.

District Magistrate A complaint can also be filed with a

JudicialMagistrateofFirstClassoraMetropolitanMagistrate.

Child Welfare Committee or a member of the Child Welfare

Committee set up under the Juvenile Justice (Care and
ProtectionofChildren)Act,2000asamendedin2006

ChildLine
(A complaint can be filed by any person, including those who
report an incidence of child marriage. Such persons may
include)