The Supreme Court in a recent judgement clarified that the Prohibition of Child Marriage Act, 2006 does not hold liable a male between 18 and 21 years old who marries an adult woman. This case involved a then 17-year-old boy who married a 21-year-old woman.
Interpretation of the Act
Diving into the interpretation of Section 9 of the Act, the judgement stated that the law does not penalise a minor for marrying an adult woman or vice versa. Furthermore, it does not convict an adult woman for marrying a minor male. Taking into consideration the societal norms in India, where decisions regarding marriage are typically taken by family members of the bride and groom, women often have little control over these decisions.
Focusing on the protection of Minor Girls
The main purpose of this provision is to penalise a man who marries a minor girl. The 2006 Act also offers prospective grooms aged between 18 and 21 years old an option to opt out of marriage.
The Prohibition of Child Marriage Act, 2006: An Overview
The Act is designed to prevent child marriages by rendering particular actions punishable and appointing authorities responsible for preventing and prohibiting such marriages.
Key Definitions per the Act
According to the Act, a “child” refers to a male under 21 years of age, or a female under 18 years of age. “Child marriage” denotes a marriage wherein one or both parties are children. A “minor” is a person who is yet to attain the age of majority as per the Majority Act, 1875. The Act states that all individuals domiciled in India reach the age of majority upon completing 18 years of age.
Consequences of Child Marriage
Child marriage constitutes an offence and is punishable with rigorous imprisonment that may extend up to 2 years, a fine of up to Rs.1 Lakh, or both. The offences under the Act are cognisable and non-bailable.
| Punishable Persons | Description |
|---|---|
| Any Individual Involved in a Child Marriage | Whoever performs, conducts or directs or abets any child marriage. |
| A Male Adult above 18 years marrying a child | Section 9 of the Act covers this offence. |
| Guardian or parent | Any person having charge of the child, including a parent or guardian who promotes, permits, participates in a child marriage. |
| Organisation or Association Member | Any member of an organisation or association promoting, permitting, participating in a child marriage. |
Case in Context
In the case that sparked this judgement, the minor boy involved was not punished as per the Prohibition of Child Marriage Act, 2006. The court observed that the purpose of the law is primarily to protect minor girls and women from forced marriages, keeping in mind the societal norms and constraints they often face.
