Post Date: Friday, October 14, 2016
The 2006 Prohibition of Child Marriage Act (PCM) repealed the Child Marriage Restraint Act of 1929. In response to a high MMR, civil society activism, litigation, and international attention, the Government of India took a step toward bolstering its child marriage regulations.
The act defines “child” as any male under 21 and any female under 18 years of age. According to the Act, a child marriage occurs when either of contracting parties is a child. The Act allows either child contracting party to void the marriage at any time. The Act also provides for maintenance to a child contracting party.
If a male over 18 contracts a child marriage he will be punished “with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage.” Likewise, parents or guardians who facilitate or who do not prevent child marriages will be punished “with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees.”
Under the Act, each state government shall appoint Child Marriage Prohibition Officers (CMPOs). These CMPOs prevent child marriages, investigate potential cases of child marriage, advise families, create awareness, sensitize the community, furnish periodical statistics, and perform other necessary tasks. The Act empowers CMPOs to seek an injunction from a Magistrate judge after receiving information about a child marriage.
You can access the full text of the act here.
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