Child marriage
Child Marriage
What are Child marriages?
All matrimonial laws provide a minimum age of marriage. Except for Muslim personal law where the age of marriage is in consonance with the age of puberty, which is presumed to be 15 years, all other legislations lay down 21 years for the boys and 18 years for the girls as the minimum age when they can marry legally. It is important to note that amongst the multiple laws dealing with marriage it is only Special Marriage Act, 1954, that renders a child marriage void. Hindu Marriage Act, Section 5 (iii) provides that the bridegroom needs to complete 21 years of age and the bride 18 years, however, no provisions for its violations is mentioned.
History
Child marriage has a long history in India and is deeply rooted in tradition and culture. In ancient India, child marriage was considered a norm and was seen as a way to preserve family honour and property. The practice was also a way to secure alliances between families and tribes.As a matter of general practice boys and girls were married during their infancy.
During the colonial period, the British government attempted to curb the practice of child marriage through laws and regulations. The Age of Consent Act of 1891 set the minimum age of marriage for girls at 12 and boys at 14, but this law was not enforced effectively, and child marriage continued to be prevalent.
Status of Child marriages under different laws.
Hindu Law
Under the Hindu Marriage Act, 1955, Section 5(iii) prescribes the minimum age for marriage as 21 years for males and 18 years for females. Child marriages solemnized under this law are considered valid, but they are subject to penal provisions under the Prohibition of Child Marriage Act, 2006. The law does not render such marriages void or voidable unless challenged under the PCMA.
Muslim Personal Law
In Muslim Personal Law, there is no codified statute, but marriage is deemed valid if both parties have attained puberty, generally presumed to be 15 years, and consented to the union. Child marriages under Muslim law are considered valid, though the PCMA applies as a general law, potentially overriding personal law in specific cases.
Christian Law
Under the Indian Christian Marriage Act, 1872, the minimum age of 21 years for males and 18 years for females. However, the Act does not explicitly address the validity of marriages below the prescribed age, leaving them valid unless declared voidable under the PCMA.
Special Marriage Act
The Special Marriage Act, 1954, in Section 4(c), stipulates the minimum marriageable age as 21 years for males and 18 years for females. Unlike other laws, marriages below the stipulated age are considered void under this Act.
Prohibition of Child Marriage Act
The Prohibition of Child Marriage Act, 2006 (PCMA) was enacted in India to prohibit and prevent the practice of child marriage. It replaced the Child Marriage Restraint Act, 1929, providing a stronger legal framework to address the issue. The Act aims to protect children, especially girls, from the adverse effects of early marriage and ensure their right to a safe and healthy childhood.
Under the PCMA, a “child” is defined as a male under the age of 21 years and a female under the age of 18 years. The Act declares child marriages voidable at the option of the child involved and provides a mechanism for the annulment of such marriages through the district court. In certain situations, such as marriages involving trafficking or coercion, the Act declares such unions automatically void.
The Act prescribes stringent punishments for promoting or conducting child marriages. Those found guilty can face imprisonment of up to two years, a fine of ₹1,00,000, or both. To ensure better enforcement, the law designates Child Marriage Prohibition Officers to prevent child marriages, spread awareness, and assist in its implementation. Additionally, offenses under the Act are classified as cognizable and non-bailable to emphasize its seriousness.
The law also includes provisions for the custody and maintenance of the girl child in cases where the marriage is annulled. This ensures the welfare and rehabilitation of the affected child, addressing their immediate needs and long-term well-being.
The Prohibition of Child Marriage Act, 2006 overrides personal and religious laws to prohibit child marriage.
Legal provisions
- Section 3 of the Prohibition of Child Marriage Act (PCMA) talks about annulment of child marriages. According to this section, the party that was a child at the time of the marriage can petition the District Court to annul the marriage at any time, but before the completion of 2 years of attaining majority.
- Section 3(4) handles the provisions related to return of exchanged valuables. While granting a decree of nullity, the District Court should direct parties to return money, valuables, ornaments, and gifts exchanged at the wedding.
- Section 4 of the act talks about female child party to child marriage and a child borne from the marriage can be granted maintenance. The female child party has residence rights on annulment of the child marriage. Maintenance can be interim/final and has to be paid till her remarriage.
- Section 5 of the act contains the provisions for custody and maintainance of children. It is based on the welfare and the best interest of the child. All such children are legitimate even if nullity decree is passed.
Civil remedies available
- Child marriage is voidable at the option of the child.
- Achild marriage is void in circumstances that entail the enticement or sale of minor for marriage or use of force or deceitful means or the sale and trafficking of a child for immoral purposes.
- Where there are children born out of a child marriage, the court should pass orders for the custody of the children and may also pass orders for providing maintenance to the children borne out of such a marriage by a party to the marriage or their parents or guardians.
- If a child-bride is abandoned by her husband after the marriage or he neglects or refuses to maintain her, and she is unable to maintain herself, an application can be filed before a Magistrate seeking a direction for payment of maintenance under Section 125 of the Code of Criminal Procedure, 1973 or Section 144 of the BNSS.
- Relief can be sought under the PWDV Act, 2005 in cases where the child-bride is being subjected to domestic violence such as physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
Official Reports
Law Commission of India Report No. 205
Law Commission Report no. 205 on “Proposal to Amend the Prohibition of Child Marriage Act, 2006 and Other Allied Laws.” It suggested declaring child marriages as void rather than voidable to ensure stricter enforcement. Strengthening penalties for those solemnizing or promoting child marriages. Enhancing rehabilitation measures for child brides and grooms.
NALSA (ASHA- Awareness, Support, Help and Action) Standard Operating Procedure- Towards Eliminating Child Marriage, 2025
This Standard Operating Procedure (SOP) aims to raise awareness about the legal framework of the PCMA and the Juvenile Justice (Care and protection for children) Act 2015. It intends to empower vulnerable groups and equip girls, boys, parents, guardians, etc. with resources and knowledge to withstand societal and family pressure to engage in child marriage, imparting vocational training, skill development, etc. to eliminate early marriage. This SOP aims to create an institutional framework and strengthen coordination between the government and the non-governmental bodies to create a platform for like minded people, to put an end to child marriage and rehabilittion of the victims of child marriage.
Standard Operating Procedure (SOP)
This SOP defines a child as a "a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age" and Child Marriage as "a marriage to which either of the contracting parties is a child."
It provides the method of working and welfare measures to be adopted by collaboration of governmental and non-governmental agencies, in order to help eliminate child marriage.
ASHA (Awareness, Support, Help, and Action) Unit is proposed, comprising of the judicial officer in charge of family court in the district, Principle District and Sessions Judge, DLSA, Secretary DLSA, etc. The aim of the ASHA unit is to assist the victim of child marriage in matters pertaining to abortion and pregnancy terminations, adhering to the court orders, etc. They also arrange for a counsellers for the mental well being of the child born out of child marriage above the age of 3, if required. ASHA unit helps in finding shelter and home accomodation in coordination with the Child Marriage Prohibition officer. This unit identifies and facilitates the victims of child marriage that can be put in family foster care running under the Mission Vatsalya run by the Ministry of Women and Child Development among other functions.
The ASHA unit regularly conducts awareness camps in schools and colleges, programs online, and so on, to help in the prevention of child marriage and the rehabilitation of children. It takes steps to strengthen the coordination between the different Governmental bodies, working on the prevention and rehabilitation of child marriage at the district level by creation of a Monitoring and Mentorship body in the district to follow up with the victims regularly and redress their concerns. ASHA unit to provide financial assistance for educational needs and vocational training of victims of child marriage and children born out of child marriages. The vocational training among other things, include carpet making, embroidery, stitching, tailoring, computer courses, beautician courses, etc, and other courses that can make the victims of child marriage economically selfsufficient.
The Prohibition of Child Marriage (Amendment) Bill 2021
Bill No.163 of 2021, made (not passed) to further amend the Prohibition of Child Marriage Act 2006. The Bill seeks to amend the Prohibition of Child Marriage Act, 2006, to increase the legal age of marriage for women from 18 to 21 years, equal to that of men. It overrides personal laws and customs, ensuring uniformity across all religions and communities. It empowers courts to annul underage marriages and gives girls the right to void such marriages up to two years after attaining majority. The Bill amends various laws, including the Hindu Marriage Act and the Indian Christian Marriage Act, to align them with the new age threshold. It also aims to improve women's health, education, and socio-economic status by delaying marriage. The law includes provisions for punishment of adults involved in child marriages and protection for children born out of such unions.
Research that engages with
Trends in Child Marriage (Enfold India)
This report published by Enfold India in 2024, applies the offical and legal definition of child marriage under Section 5 of the Hindu Marriage Act, in conducting its research. This report provides the findings of analysis of 174 judgments under the Prohibition of Child Marriage Act (PCMA), registered and disposed between 1st January 2015 and early 2023. It seeks to examine criminal proceedings under the PCMA to understand the manner in which cases enter the justice system. It provides statistical data collected from different states to shed light on the reality of child marriages and the efficacy of PCMA along with other acts. Through manual and automated data collection methods, it showcases its findings, analysis and limitations, such as the nature of child marriages being prosecuted, profile of parties in child marriages, who reports child marriages, the circumstances in which child marriages were reported, persons charged under the PCMA, nature of charges and its interplay with the POCSO Act, nature of victim's testimony, outcomes and factors that affect the outcomes, sentencing and victim compensation, and so on. Further, it offers recommendations and reflections that should be adopted by policy makers and stakeholders, underscoring the need for empowering and supportive interventions.
Annulment of Child Marriage under the Prohibition of Child Marriage Act, 2006 (Enfold India and UNFPA )
This report jointly published by Enfold India and UNFPA in 2024, serves as a comprehensive document and a guide that is designed to help raise awareness and empower child parties to exercise their right to annul child marriages under the Prohibition of Child Marriage Act (PCMA), 2006. It consists of legal framework related to child marriage, which provides an overview of laws applicable to various aspects of child marriage, including its prevention, care and protection of child parties, criminal proceedings and sanctions, civil remedies available to the victims, etc. It also explains the legal status of child marriages and meaning of void and voidable marriages. Further, it delves into who can exercise the option of nullifying child marriages, procedures for nullity, etc. Additionally, it provides insights into other reliefs available to the child parties, such as maintenance, custody of children, etc. under the PCMA. This report highlights the need for holistic support systems like education, shelter, access to reliable information. It puts the onus on policy makers to provide suitable legal reforms to ensure that child parties are able to access relief and the ones providing the evidence are protected from prosecution.
Child Marriage Interventions and Research from 2020 to 2022. (the CRANK)
The document the Child Marriage Research to Action network (the CRANK) explores child marriage comprehensively, going beyond standard definitions to include informal unions, culturally specific understandings, and intersections with development, age, consent, and force. It examines the prevalence, causes, and consequences of child marriage globally while addressing critical gaps in understanding effective prevention and response strategies. The review highlights marginalized groups such as LGBTQIA+ adolescents and children with disabilities, presenting a nuanced analysis of barriers faced in addressing child marriage, particularly in crisis settings and underrepresented regions like the Central African Republic and Chad.
The research identifies substantial gaps in intervention effectiveness, such as the limited success of multicomponent strategies and the challenges of scaling community-based efforts. It also notes the mismatch between geographies with high child marriage prevalence and the regions most studied. Overlaps exist in studies documenting determinants and consequences, yet there remains insufficient focus on interventions addressing systemic drivers like poverty, gender norms, and education quality. The document advocates for integrated approaches combining legal, social, and economic reforms to address entrenched norms and systemic barriers.
Child Marriage in India: A Research Study (Child Rights and You)
This research study commissioned by Child Rights and You (CRY) on child marriage in India goes beyond its official definition, framing it as a deeply rooted socio-cultural practice driven by poverty, gender inequality, and systemic barriers like limited access to education and economic opportunities for girls. Through a mixed-method approach, it builds a nuanced understanding of the concept by examining community norms, the impacts of patriarchal traditions, and systemic responses. It highlights significant gaps, including inadequate awareness of laws, weak community-level protection mechanisms, and challenges in implementing legal frameworks like the Prohibition of Child Marriage Act. Despite overlaps in understanding the role of education and economic empowerment as deterrents, the study underscores the disconnect between community practices and systemic efforts, advocating for a synergized approach to end this human rights violation.
Child Marriage: The Worst Form of Slavery (Human Rights Law Network)
This research study commissioned by Human Rights law Network (HRLN) explores the issue of child marriage by extending beyond official documentation to provide a comprehensive analysis of its causes, consequences, and persistence. It traces the historical evolution of the practice, critiques existing legal frameworks like the Prohibition of Child Marriage Act, 2006, and examines the societal, cultural, and economic factors that normalize child marriage. The document incorporates localized field data from states such as Bihar and Odisha and aligns the issue with international human rights violations under conventions like CEDAW and the UNCRC. However, gaps exist in addressing the psychological recovery mechanisms for survivors and the interplay between child marriage and modern slavery. Additionally, overlaps in global data analysis sometimes obscure region-specific complexities. By offering recommendations for law enforcement, policy enhancement, and community awareness, the report underscores the need for an integrated approach to eradicating child marriage.
