Child Marriage Laws in India

Child marriage is a violation of basic human rights. Consummation at a young age affects the health of the girl as well as the children born out of the marriage. Empirical medical studies have proven that adolescent mothers have greater probability of experiencing gynecological complications like obstetric fistula. In India, the Child Marriage Restraint Act was enforced in 1929 to curb the practice. The legal marriageable age under the act was set at 12 years, which was later revised to 18 years, in 1978.

Punishment for Violation of Child Marriage Restraint Act, 1929

Under the Child Marriage Restraint Act, the scope of penalty for different parties to the child marriage is:

• Parent or guardian: In most cases, a child marriage is instigated by the parents or guardians. The punishment for these parties may extend up to three months imprisonment. They may be also subjected to a fine. The penalty is valid even if the parent/guardian has not consented to the marriage, but fails to take adequate measures to prevent it.
• Party who solemnizes child marriage: This implies anyone who performs or conducts a child marriage ceremony, such as a priest. The penalty in this case is three months imprisonment and a fine. The party may, however, escape liability if he proves he was unaware that the bride and bridegroom were minors.
• Bridegroom: If the bridegroom above 21 years is marrying a minor, he may be imprisoned for up to three months, and may have to pay a fine as well. However, if the bride is below 21, but above 18, the maximum duration of imprisonment is 15 days.

Child Marriage Laws in India: A Final Word

From the scope of penalties in the Child Marriage Restraint Act it is evident that the existing laws are not strict enough. Considering that the last revision to the act took place over three decades ago, it is high time that the Government of India pays serious attention to this issue. The government created the “National Plan of Action for Children” in 2005, claiming to eliminate child marriage entirely by 2010. However, we’ve entered 2010 and the issue continues to subsist.

Alarmingly, child marriage cases are not only found in the rural regions of the nation, and also in some developed cities of states like Rajasthan, Gujarat, Bihar and Andhra Pradesh.