Ministry of Women and Child Development
The Prohibition of Child Marriage Act, 2006, was enacted to prohibit the solemnization of child marriages in India. Child marriage, a practice with detrimental consequences for children’s health, education, and overall well-being, has been a persistent social issue. The Act aims to protect children’s rights by making child marriages voidable, providing for the maintenance and custody of affected children, and prescribing punishments for adults involved in solemnizing or promoting child marriages. This Act falls under the Ministry of Women and Child Development.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on January 10, 2007, and came into force on November 1, 2007. It consists of 21 sections and is not divided into chapters.
Act Governed By:
The Act is primarily enforced through District Courts, which have the power to annul child marriages, grant maintenance and custody orders, and issue injunctions prohibiting child marriages. Child Marriage Prohibition Officers are appointed to prevent and address child marriages. State Governments have the power to make rules for the Act’s implementation.
On Whom It Is Applicable:
The Act applies to all citizens of India, both within and outside the country. It specifically protects children (persons below the age of 18) from being forced into marriage.
Penalties/Punishments:
The Act prescribes punishments, including imprisonment and fines, for male adults marrying children, solemnizing child marriages, and promoting or permitting the solemnization of child marriages. It also allows for injunctions and makes child marriages void in certain circumstances.
Important Pointers:
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Makes child marriages voidable at the option of the contracting party who was a child at the time of marriage.
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Provides for maintenance and residence to the female contracting party in a child marriage.
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Addresses custody and maintenance of children born of child marriages.
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Declares children born of child marriages to be legitimate.
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Empowers District Courts to modify orders related to maintenance and custody.
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Prescribes punishments for adults involved in child marriages.
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Allows courts to issue injunctions prohibiting child marriages.
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Makes child marriages void in certain circumstances, such as when a minor is taken or enticed away from their lawful guardian for marriage.
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Provides for the appointment of Child Marriage Prohibition Officers to prevent and address child marriages.