In this act, unless there is anything repugnant in the subject or context. Child marriage remained valid in the eyes of the law. The child marriage restraint act, also called the sarda act, was a law to restrict the practice of child marriage. The core provisions of the prohibition of child marriage act, 2006 are as follows. The child marriage restraint act, 1929, was enacted with a view to prevent child marriages, namely, a marriage to which either of the contracting parties is under a specified age.
Punishment for parent or guardian concerned in a child marriage. The child marriage restraint act, 1929 laws of bangladesh. Xix of 1929 for the purposes hereinafter appearing. The child marriage restraint act, 1929 1 the child marriage restraint act, 1929 1 act no. Handbook on the prohibition of child marriage act, 2006.
When the 1921 census reported 600 brides in the age group of one to twelve months, mahatma gandhi was shocked. Short title extent and commencement 1 this act may be called the child marriage restraint act. As per jawaharlal nehru, this was largely due to the fact that the colonial british government did nothing to propagate awareness of it, especially in smaller towns and villages of india. Ministry of law, justice and parliamentary affairs, bangladesh. Xix of 1929 an act to restraint the solemnization of child marriages. Later renamed as the child marriage restraint act cmra, 1929, it prohibited marriage of girls below the age of 15 years and boys below the age of 18. Dec, 2018 child marriage restraint act 1929 pdf the child marriage restraint act, india. An act to provide for the prohibition of solemnisation of child marriages and for matters. The child marriage restraint act, 1929, india child marriage. The child marriage restraint act, 1929 an act to restrain the solemnisation of child marriages. The 1929 act was a queer piece of legislation rendering all child marriages illegal but not void. Xix of 1929 whereas it is expedient further to amend the child marriage restraint act4 1929 no.
Xix of 1929, hereinafter referred to as the said act, in section 2 for paragraph a, the following shall be substituted, namely. One of the major concerns of the civil society and womens rights activists regarding this law is the provision that allows marriage under the statutory minimum age. Child marriage restraint act, 1929 overview, formation and. Bangladesh parliament passes law allowing child marriage in special circumstances. To ensure that child marriage is eradicated from within the society, the government of india enacted the prohibition of child marriage act, 2006 replacing the earlier legislation of child marriage restraint act, 1929. However, as a result of the cmras ineffectiveness, new legislation was enacted 77 years later, in the form of the prohibition of child marriage act, 2006 pcma, 2006.
An act to make afresh a timebefitting law by repealing the child. This act may be called the child marriage restraint act, 1 1929. It is popularly known as the sarda act, after its sponsor harbilas sarda. This section deals with the definitions of terms like child, contracting parties and child marriage. The child marriage restraint act, 1929 2 slideshare. In 1978, the law was amended to raise the minimum age of marriage to 18 years for girls and 21 years for boys. Nov 15, 20 in 1928, the law was amended to make it more effective and raise the minimum age of marriage by three years i. Analysis of child marriage restraint act 1929 racolb legal. An act to restrain the solemnization of child marriages.
The amended law came to be known as the child marriage restraint act, 1929. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years. Bangladesh parliament passes law allowing child marriage in. Bangladesh parliament passes law allowing child marriage. Mar 12, 20 1 this act may be called the child marriage restraint act 1929. It was defined by the child marriage restraint act in 1929, and it set the minimum.
The child marriage restraint act, 1929 provides punishment to men who marry children, those. That was the first step taken against child marriage in india. Read the order high court orders removal of controversial name and shame hoardings, read order. This act may be called the child marriage restraint act, 1929. Child marriage restraint act commonly known as sarda act was. The child marriage restraint act 1929, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Amendment of section 4, act xix of 1929 the said act, in section 4. This legislation is armed with enabling provisions to prohibit child marriages. An act to restrain the solemnisation of child marriage.
After the publication of gazette notification by the law ministry, this act will replace the child marriage restraint act, 1929. The legal age for marriage in india is eighteen for girls and twentyone for boys,20 on the lines of what was mentioned in the child marriage restraint act of 1929. Jun 09, 2015 bangladeshs child marriage restraint act cmra, first passed in 1929 and subsequently amended several times, makes it a criminal offense to marry or facilitate the marriage of a girl under 18. Child marriage restraint act commonly known as sarda act was passed in 1929 which raised the marriageable age for girls to 14 and for boys to 18 years. It was enacted on 1 april 1930, extended across the whole nation, with the exceptions of some princely states like hyderabad and jammu and kashmir, and applied to every indian citizen. Imprisonment not to be awarded for offence under section 3. As a result, child marriages continue unabated even today. Short title extent and commencement 1 this act may be called the child marriage restraint act, 1929. He became instrumental in introducing the sarda act or the child marriage restraint act in 1929. It is true that the preamble and the aims and objects cannot be used for interpreting the statute. For all others, the prohibition of child marriage act of 2006 defines child. It would be seen that the child marriage restraint act only restrains a marriage of minors and that is its.
Moreover, the act did not reach the population in the villages for lack of publicity. Publisher, national legislative bodies national authorities. The quaids success in making the child marriage restraint act of 1929 applicable to muslim girls, too, has been frequently referred to in public debate, but it is worth recalling once more. For the purpose of this act of 1929 a child is a one who is less than 14 years of age if she is a girl and 18 years of age if he is a boy.
An act to restraint the solemnization of child marriages. This question was examined by the joshi committee 1925 and on its recommendations the. Of child marriage act, 2006 which had replaced the child marriage restraint act 1929. Vi of 2017 an act to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 whereas it is expedient and necessary to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 act no. The child marriage restraint act, 1929 laws of india. Whereas it is expedient to restrain the solemnisation of child marriages. Whereas it is expedient to restrain the solemnization of child marriages. The child marriage restraint act, 1929 19 of 1929 ministry. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys. The bill was placed with a request for annulment and reframing of the child marriage restraint act. Child marriage in india is a centuries old tradition. Child marriage restraint national assembly of pakistan.
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