CHILD MARRIAGE RESTRAINT ACT 1929 PDF
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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An Autobiography Restfaint ed. If this social evil is to be eradicated the role of such intermediaries should be brought to book with deterrent punishment. Jurisdiction under this Act – Notwithstanding anything contained in Section of the Code of Criminal Procedure, 2 ofno Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall take cognizance of, or try, any offence under this Act.
Child Marriage Restraint Act
The Court may issue an injunction against any of the persons mentioned in Section 3, 4, 5 and 6 of this Act prohibiting such marriage. Skip to main content Search.
It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India within and beyond India. The list goes on with acquittals, with 98 cases still pending during August Feminism and Nationalism in Late-Colonial India”.
Consummation of “Gauna” is not part of marriage ceremony. Out of the successful prosecutions, only 17 or so did either all of or part of 129 sentence. This further dilutes the efficacy of gestraint law. Retrieved 18 May It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches. The Child Marriage Restraint Act was the first social reform issue which was taken up by the organized women in India.
Whereas it is expedient to restrain the solemnization of child marriages: 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. Offences to be cognizable for certain purposes. Section 6 provides that where a minor contracts a child marriage any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine.
Provided no woman restrzint be punishable with imprisonment. Punishment for male adult below twenty one years of age 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 aact, or with fine which may extend to one thousand rupees, or with both.
Ac the words “where a minor restraont a child marriage” in mrariage 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.
Section 7 provides that the Code of Criminal Procedure, shall apply to offences under the Act as if they were cognizable offence for the purpose of investigation.
The Child Marriage Restraint Act, , India (child marriage, early marriage, Law, legislation)
Preliminary inquiries into offences under this Act. Some provision should be made in this Act to prevent and punish such actions also if they culminate in child marriage. Preliminary inquiries into offences — Any Court, on chil of a complaint of an offence of which it is authorised to take cognizance, shall unless it dismisses the complaint under Section of the Code of Criminal Procedure, 2 of either itself make an inquiry under Section of that Code or direct a Magistrate subordinate to it to make such inquiry.
It came into force from the Ist day of April, The Court may atc of its own motion or on the application of any person aggrieved, rescind or alter any order made under sub-section 1.
Punishment for solemnising a child marriage — 1 Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child-marriage. 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.
Global Legal Monitor
This Act was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces by virtue of 18 th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab Child Marriage Restraint Amendment Act XII of Power to issue injunction prohibiting karriage in contravention of this Act.
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.
Its section 3 provides that, who ever, being mariage male above eighteen years of age and below twenty one, contracts a child marriage shall be punished with simple imprisonment, which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both. Injunction — Section 12 empowers the Magistrate to issue injunction prohibiting marriage in contravention of this Act.
It is hereby enacted as follows: The present law is lukewarm in this regard. 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.