Prohibition of Child Marriage Act, 2006
About
- The Prohibition of Child Marriage Act was enacted in 2006 to ensure that child marriage is eradicated from within the society. It replaced the Child Marriage Restraint Act, 1929.
- This Act is armed with enabling provisions to prohibit child marriages and provide relief to victims and enhance punishment for those who abet, promote or solemnise such marriages.
- The Act applies to all India citizens irrespective of religion and residing even beyond India.
Objectives of the Act
- The objective of the Act is to prohibit solemnization of marriage where either the groom or the bride is below the marriageable age (18 years in case of girls and 21 years for boys).
- The law makes child marriages voidable by giving choice to the children in the marriage to seek annulment of marriage.
- The Act also allows for maintenance and residence for the girl till her remarriage from the male contracting party or his parents.
Prevention
- Child Marriage Prohibition Officers (CMPO) are to be appointed in every state to prohibit child marriages, ensure the protection of the victims as well as prosecution of the offenders.
- The Act provides punishment for those who permit and promote child marriages.
- The CMPO and District Collector are responsible for sensitisation and awareness creation in the community.
Protection
- The law provides for all support and aid including medical aid, legal aid, counselling and rehabilitation support to children once they are rescued.
- It gives legal status to all children born from child marriages and makes provisions for their custody and maintenance.
Prosecution of Offenders
- The law provides for punishment for a male above 18 years of age marrying a child.
- The Act also provides punishment for those who permit and promote child marriages.
Child Marriage to be Voidable
- Every child marriage shall be voidable, at the option of the contracting party who was a child at the time of the marriage.
- The annulment of child marriage can be sought within two years after the child who was a party to the marriage had attained majority.
- Only the children in the marriage themselves can file a petition for voidability or annulment of marriage. And if the petitioner is a minor, the petition can be filed through a guardian or the next best friend of the married child (who must be an adult of 18 years or more), along with the CMPO.