Child marriage is a social issue that has been prevalent in India for centuries, despite being illegal. The legal framework surrounding child marriage in India primarily centers around two key legislations: the Prohibition of Child Marriage Act (PCMA) of 2006 and the Indian Penal Code (IPC).
The Prohibition of Child Marriage Act (PCMA) was enacted in 2006 to prohibit child marriages and provide for the annulment of child marriages and protection of the rights of children involved in such marriages. According to the PCMA, child marriage is defined as a marriage where one or both parties are below the age of 18 for females and 21 for males.
Under the PCMA, several provisions are in place to prevent and discourage child marriage. These provisions include the following:
- Prevention Officers: The Act establishes Child Marriage Prohibition Officers responsible for preventing child marriages and providing assistance to victims.
- Child Marriage Prohibition Committees: These committees are set up at the district, sub-district, and local levels to monitor, review, and promote awareness about child marriages.
- Punitive Measures: The PCMA imposes penalties on individuals involved in child marriages. It prescribes rigorous imprisonment for up to two years and/or a fine of up to Rs. 1 lakh (subject to modification by state governments).
- Annulment of Child Marriages: The Act allows either party of a child marriage to file a petition seeking the marriage’s nullity, annulment, or restitution of conjugal rights.
- Maintenance and Residence: The PCMA provides for the right to residence and maintenance of the female party in a child marriage if she opts to seek separation.
In addition to the PCMA, various sections of the Indian Penal Code (IPC) also deal with child marriage and its consequences. These sections include:
- Section 366A: This section criminalizes the procurement or inducement of a minor girl for marriage. It prescribes punishment of imprisonment up to ten years and a fine.
- Section 366B: It criminalizes the importation of a girl from a foreign country for the purpose of marriage, whether with or without her consent.
- Section 375: This section deals with the offense of rape, including the provision that sexual intercourse with a girl below 18 years of age, even if she is married, is considered rape.
Despite the existence of these laws, the enforcement and implementation of child marriage legislation in India face several challenges, including social and cultural factors, lack of awareness, limited resources, and weak law enforcement mechanisms. The effectiveness of the punishments and the prevention measures largely depend on the commitment of authorities, social awareness, and the collaborative efforts of various stakeholders, including government agencies, civil society organizations, and communities.
It is important to note that this information is based on the knowledge available, and there may have been updates or amendments to the laws then.