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 Court may either of its own motion or on the application marriate any person aggrieved, rescind or alter any order made under sub-section 1.
Global Legal Monitor
As the law is not mindful about the active culpability of these persons, this Act has not yielded the desired results. They played a major role in the development of argument and actively used the device of political petition and in the process contributed in restriant field of politics.
The percentage of widowed children had decreased from aboutto aboutThe Code of Criminal Procedure, 2 of shall apply to offences under this Act as if they were cognizable offences. Chipd and Political Weekly.
Child Marriage Restraint Act | , India |
Further this Act does not take into account the performance of preparatory ceremonies of such a marriage like engagements etc. To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in The minority of an individual can operate as a chil to his or her incurring contractual obligations, but cat cannot be an impediment in the matter of performing a necessary “Sanskara”.
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.
Retrieved from ” https: 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 Child Marriage Restraint Act was the first social reform issue which was taken up by the organized women in India. The child bride or the child bridegroom are mere passive actors in such a marriage and the active participants are the parents, guardians or the custodians of such children.
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Short title, extent and commencement. Provided that no woman shall be punishable with imprisonment. 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.
Preliminary inquiries into offences under at Act. Punishment for parent or guardian concerned in a child marriage. In the s, the only parties in India that continued to support the British rule were these communal groups. Limitation — No Court can take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.
This Act was originally in the Federal ambit, cild, 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 It fixed 14 and 18 as the marriageable age for girls and boys respectively of acr communities.
The list goes on with acquittals, with 98 cases still pending during August The object is to eliminate the special evil which had the potentialities of dangers to the life and health of a female child, who could not withstand the stress and strains of married life and to avoid early deaths of such minor mothers. Provided no woman shall be punishable with imprisonment.
Under this section, it is presumed that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised. 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.
Child Marriage Restraint Act
The marriage being complete before the consummation, a person may be convicted under this Act, though consummation has not taken place. Preliminary inquiries into offences — Any Court, on receipt 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.
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. The marriage under the Hindu Law is a sacrament and not a contract.
Cognizance of offence and trial.
Punishment for marrying a child. Declaring they would begin to make their own laws, free of male influence, the women’s organization brought liberal feminism to a forefront.
Pakistan: Child Marriage Bill Withdrawn | Global Legal Monitor
Under the pressure of world opinion, the social reformists in India and Nationalist freedom fighters, the Government referred the Bill to a select committee named as the Marrigae of Consent Committee headed by Sir Moropant Visavanath Joshithe Home Member of Central Provinces.
It is note worthy that a contravention of the provisions of the Act does not render the marriage invalid as the validity of the marriage is a subject beyond the scope of the Act. restrsint
It came into effect six months later on 1 April and it applies to all of British India, not just to Hindus.