The Child Marriage Restraint Act, , India. 3 Years Ago; admin; Laws and acts governing the system. An Act to restrain the solemnisation of child marriage. The Child Marriage Restraint Act, (19 of ). An Act to restrain the solemnisation of child marriage. Section 1: Short title extent and commencement (1) This Act may be called the Child Marriage Restraint Act (). (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever.
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The percentage of widowed children had decreased from aboutto aboutThe marriage under the Hindu Law is a sacrament and not a contract. In the s, the only parties in India that continued to support the British rule were these communal groups.
Provided no woman shall be punishable with imprisonment.
Child Marriage Restraint Act | , India |
Consummation of “Gauna” is not part of marriage ceremony. The marriage being complete before the consummation, a person may be convicted under this Act, though consummation has not taken place. Though their liability under the criminal law is that of the abetters, but it should not preclude their direct responsibility for the offence and suitable amendment should be made in the Act to punish them as principal offenders.
Although this is a victory for the women’s movement in India, the act itself was a complete failure. Punishment for solemnizing a child marriage.
This page was last edited on 9 Novemberat So the words “where a minor contracts a child marriage” in section 6 l ought not to be literally interpreted as per its dictionary meaning but ought to be understood as meaning “where a child marriage” takes place or where a minor enters into a child marriage.
Muslim women presented their views to the Joshi Committee in favour of raising the age limit of marriage even when they knew that they would face opposition from Muslim Ulemas.
Child Marriage Restraint Act
Various bills addressing questions on the age of consent were introduced in the Indian legislatures and defeated. Power to issue injunction prohibiting marriage in contravention of this Act. Act XIX of The All India Women’s ConferenceWomen’s Indian Association and National Council of Women in Indiathrough their members developed and articulated the argument in favour of raising of the age for marriage and consent before the Joshi Committee.
The number of wives under the age of five had quadrupled rwstraint the numbers were about , which then shot up toRestrainr this section, it is presumed that where a minor has contracted a child marriage, the person having charge of such minor has resrraint failed to prevent the marriage from being solemnised.
Punishment for male adult below twenty one years of marrisge marrying a child — Whoever, being a male above eighteen years of age and below twenty one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
The imposition of fine only lacks the deterrent effect which is needed most in such cases. In his autobiographyNehru elucidates that this was largely due to the fact that the British did not want to earn the displeasure of the communal elements among the Hindus and Muslims.
The bill’s census report, however, shows that the law reached and affected the masses, even if the numbers are very slight. Provided that no woman shall be punishable with imprisonment. Victory for the bill can be credited to the women’s association, who presented the act as a means for India to demonstrate its commitment to modernity.
Cognizance of offence and trial.
Global Legal Monitor
Views Read Edit View history. It came into effect six months later on 1 April and it applies to all of British India, not just to Hindus. From Wikipedia, marriagee free encyclopedia.
The Child Marriage Restraint Act, , India (child marriage, early marriage, Law, legislation)
Pro-reform politicians, such as Motilal Nehruwere caught off guard when the organized women’s association met with leaders to ask for their support in the bill. Punishment for marrying a child. A marriage under the Hindu Law by a minor male is valid even though the marriage was not brought about on his behalf by the natural or lawful guardian. It is popularly known as the Sarda Actafter its sponsor Harbilas Sarda. To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in The British government did not wish to lose their support, hence they completely avoided implementing this and similar social reforms, instead focusing their attention on preventing the Indian freedom movement.