Indian Law on Child’s ‘Legal’ Age

There are several inconsistencies in Indian law, regarding the definition of a child and the actual scope of child rights. As per criminal law in India, a child is a minor who is below the age of 18 years. The Age of Majority Act 1875 stipulates that an Indian citizen shall attain adulthood, only on attaining the age of 18 years, unless otherwise suggested by any personal law. This Act intends to bring uniformity in the applicability of various Indian laws to people of different religions.

Indian Laws: What is the Legal Age of a Child?

The provisions of Indian law on an appropriate legal age of a child remain ambiguous. The definition of a child varies under different Indian laws. According to the Child Labor Prohibition and Regulation Act, 1986, a child is a person who is below the age of 14 years. Also, Indian laws prohibit a child below 14 years from being employed in any type of hazardous jobs but a child below 14 is allowed to work in non-hazardous industries. It is unfortunate that no minimum age is set for child labor, under Indian law.

Section 4, of the Hindu Minority and Guardianship Act (HMGA), 1956, provides that a minor is a person who has not attained the age of 18 years. However, in case the guardians of a minor have been appointed by the Court, for the purpose of his property or person, the age of majority is not 18 years, but 21 years.

The Child Marriage Restraint Act, 1929 provides that the minimum age of marriage for girls is 18 years and for boys, it is 21 years. However, Muslim law provides that the marriageable age is around 14 years. Further, marriage of a minor Muslim girl is not void under Indian law as it is governed by the personal laws of Muslims. However, participants of such a marriage are liable to be punished under the Child Marriage Restraint Act.