Child Marriage Prohibition Act: How will UCC impact it, if implemented?

In the early 20th century, the legal age of marriage for girls was 15 years and for boys 18 years. under the Child Marriage Restraint Act, 1929. This Act was later amended in 1978 when the marriage age for girls was increased from 15 to 18 years and for boys from 18 to 21 years. Then, in 2006, our Government enacted the Prohibition of Child Marriage Act, replacing the 1929 Act, to ensure that child marriage is completely eliminated from society. 

Since then, India has made exceptional progress toward ending child marriage & aiming to eliminate the practice by 2030, as set out in the Sustainable Development Goals. 

In this article, we shall look at the Prohibition of Child Marriage Act in detail, and if Uniform Civil Code is implemented, what impact will it have on this Act?

Objectives of the Child Marriage (Prohibition) Act

The main goal of this Act is to prohibit the solemnization of child marriage & provide relief to victims and enhance punishment for those who abet, promote or solemnise such marriages. Let’s break down the objectives into pointers: 

• The Act makes child marriage voidable. This means the child has the right to seek annulment of the marriage once they reach legal age.

• The legal age for marriage in India is 18 for girls & 21 for boys. Any marriage below this age will be considered a child marriage which is an offence and is punishable under the law.

• The Act permits maintenance and residence for the girl till her remarriage from the male contracting party or his parents.

• The Act imposes penalties on those who perform, promote, or participate in child marriages & makes it a cognizable offence.

• The Act designates certain government officials as Child Marriage Prohibition Officers who are responsible for preventing child marriages.

Applicability of the Child Marriage (Prohibition) Act

This Act applies to the aspects listed below:

• It applies to all Indian citizens irrespective of their religion and residing even beyond India.

• This Act does not apply to the State of Jammu and Kashmir and renunciants of the Union territory of Pondicherry.

Prohibition of Child Marriage (Amendment) Bill, 2021: Is the marriage age for girls 18 to 21?

• This Bill (not yet passed as of 2023) amended the Prohibition of Child Marriage Act, 2006, to increase the minimum age of marriage of females to 21 years.  Further, the Bill was intended to override any other law, custom, or practice.

• Under the 2006 Act, a person married below the minimum age may apply for annulment within two years of attaining majority (i.e., the minimum age to marry for girls is 18 years so, she could annul before 20 years of age).  The Bill increased this to 5 years (i.e., 23 years of age).

What impact will UCC have on Child Marriage (Prohibition) Act?

As we have discussed the Child Marriage Act in detail, now let’s try to analyze the impacts of UCC on it if implemented. First of all, the Uniform Civil Code (UCC) is a proposed legal framework in India that aims to replace personal laws based on religious practices governing marriage, divorce, inheritance, adoption, etc. 

• The implementation of a UCC would mean that a uniform set of laws would apply to all citizens regardless of their religious affiliations.

• In the context of child marriage, the UCC could potentially have an impact. If a UCC is implemented and includes provisions explicitly prohibiting child marriage, it would reinforce the existing legal framework provided by this Act. 

• In simple words, regardless of religious or cultural practices, UCC would uniformly prohibit child marriage for all citizens & would ensure greater consistency and clarity in addressing child marriage issues across different religious communities in India.

• However, remember that the impact of the UCC on the Child Marriage (Prohibition) Act or any other specific law would depend on the content & scope of the UCC if and when it is enacted.

Legal Age of Marriage in other countries

• Legal Marriage Age in America

• Legal Marriage Age in Europe & Africa

• Legal Marriage Age in Asia & Oceania

Where can you report child marriage in India?

Any person can report child marriage before or after it has been solemnised. A complaint can be filed with the following authorities.

• Nearby Police station.

• Metropolitan Magistrate or a Judicial Magistrate of First Class

• ChildLine/ District Magistrate

• Child Welfare Committee

Conclusion

We can draw from our analysis that the Child Marriage Prohibition Act (CMPA) is of significant importance in addressing the issue of child marriage. As for the Uniform Civil Code, its implementation is a subject of ongoing debate in our country, and proponents argue that a UCC would promote equality and social justice by providing a common set of laws for all citizens, irrespective of their religion. It is no doubt aimed at eliminating discriminatory practices and ensuring gender justice in personal matters like marriage, divorce, inheritance etc.

FAQs 

1. Which year was the Child Marriage Prohibition Act enacted in India? 

a. 1992 

b. 2001 

c. 2006 

d. 2010

2. What is the legal age for marriage for girls under the Child Marriage Prohibition Act, 2006? 

a. 16 years 

b. 18 years 

c. 21 years 

d. 25 years

3. Under the Child Marriage Prohibition Act, what are the penalties for those involved in performing or promoting child marriages in India? 

a. Monetary fines only 

b. Imprisonment only 

c. Both a and b

d. Community service

4. The Uniform Civil Code (UCC) aims to bring uniformity in personal laws in India. How would the UCC impact the Child Marriage Prohibition Act if implemented?

a. The UCC would strengthen the enforcement of the Child Marriage Prohibition Act. 

b. The UCC would repeal the Child Marriage Prohibition Act. 

c. The UCC would have zero impact on the Child Marriage Prohibition Act. 

d. The UCC would replace the Child Marriage Prohibition Act.

5. Which of the following is a potential benefit of implementing the Uniform Civil Code relating to child marriage? 

a. Providing religious minorities with more autonomy over personal matters 

b. Ensuring uniformity and consistency in addressing child marriage across all religious communities 

c. Preserving the diversity of personal laws based on religious or customary practices

d. Facilitating interfaith marriages without restrictions

Should the Prohibition of Child Marriage (Amendment) Bill, 2021, which tends to increase the marriage age for girls from 18 to 21, be implemented?

Comment below and let us know!😀

Answers

1. C 2. B 3. C 4. A 5. B