Nov 15, 20 the child marriage restraint act, 1929 2 slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Child marriage restraint act, 1929 pakistan lawyer. In its current form, the act defines a child to mean a person who, if a male, is under eighteen years of age, and if a female, is. The prohibition of child marriages act was introduced in 2006 to address the weaknesses inherent in the former legislations. The legal age for marriage in india is eighteen for girls and twentyone for boys,20 on. Nov, 2015 however, through agreements of brokerage of marriage are different from agreements in restraint of marriage, they are still void under section 23 of the indian contract act of 1872. According to the original act, the minimum age of marriage for girls was 15 and 18 for boys. However, as a result of the cmras ineffectiveness, new legislation was enacted 77 years later, in the form of the prohibition of child marriage act, 2006 pcma, 2006. Imprisonment not to be awarded for offence under section 3.
Jul 14, 2014 the fundamental purpose behind the act was to eliminate the practice of child marriage which may endanger healthy life of the female children. It was obeyed in its breach more than in its observance. Child marriage restraint act 1929 popularly known as the sarda act after its. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years. Child marriage restraint national assembly of pakistan. The child marriage restraint act, 1929 laws of bangladesh. 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. A bill further to amend the child marriage restraint act, 1929, 2, national assembly website last visited jan.
The child marriage restraint act, 1929 lawyers law. Taking sindhs progressive child marriage legislation the brainchild of mr rehmans own party, as a precedent, the federal child marriage restraint act, 1929, and the punjab child marriages. S2 b of the prohibition of child marriage act, 2006 child or minor under this law is defined as 18 years in the case of girls and 21 years. This question was examined by the joshi committee 1925 and on its recommendations the. Marriage the prohibition of child marriage act, 2006 the prohibition of child marriage act,2006 pcma was enacted repealing the child marriage restraint act of 1929 in order to prohibit child marriages rather than only restraining them. Moreover, the act did not reach the population in the villages for lack of publicity. Nov 22, 2016 the extent to which the committee suggestions were incorporated in the act can be analyzed by carefully studying the act. If you continue browsing the site, you agree to the use of cookies on this website. The child marriage restrain act, 1929 united nations. In this act, unless there is anything repugnant in the subject or context. Punishment for parent or guardian concerned in a child marriage. The bill was placed with a request for annulment and reframing of the child marriage restraint act. In this act, unless there is anything repugnant in the. Ministry of law, justice and parliamentary affairs, bangladesh.
The child marriage restrain act, 1929 commentary to eradicate the evil of child marriage, the child marriage restraint act was passed in 1929. Most child marriages involve underage women, many of whom are in poor socioeconomic conditions. By shyikh mahdi the national parliament of bangladesh passed the child marriage restraint act 2017 bill today february 27, 2017, with a special provision that allows a boy or a girl to get married before reaching the statutory age limit in some exceptional cases. Mar 12, 20 1 this act may be called the child marriage restraint act 1929. Jul 02, 2015 first, the prohibition of child marriage act, 2006 repealed the child marriage restraint act, 1929 and attempted to address the previous acts shortcomings. Government of india law commission of india proposal to amend the prohibition of child marriage act, 2006 and other allied laws report no. The child marriage restraint act, 1929 xix of 1929 an act. The quaids success in making the child marriage restraint act of 1929 applicable to muslim girls, too, has been frequently referred to in public debate, but it is worth recalling once more.
Apr 29, 2014 in late march 2014, a parallel bill was introduced in the national assembly of pakistan to amend the british colonial era law, the child marriage restraint act, 1929, to make the act of solemnizing a child marriage a cognizable offense and to provide stiffer punishments for contracting child marriages. The child marriage restraint act 1929 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the child marriage restraint act 1929 national security, others, procedural and administration, property related, public utilities. The child marriage restraint act 1929 punjab laws online. To eradicate the evil of child marriage, the child marriage restraint act was passed in 1929. Child marriage bill withdrawn global legal monitor. Further, an agreement in restraint of marriage is different from a contract of betrothal. Vi of 2017 an act to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 whereas it is expedient and necessary to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 act no. The child marriages restraint act, 1929 xix of 1929 1st october, 1929 an act to restrain the solemnization of child marriages. Xix of 1929 whereas it is expedient further to amend the child marriage restraint act4 1929 no. The child marriage restraint act, 1929 1 the child marriage restraint act, 1929 1 act no. The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys.
The national parliament of bangladesh passed the child marriage restraint act 2017 bill today february 27, 2017, with a special provision that allows a boy or a girl to get married before reaching the statutory age limit in some exceptional cases. Other articles where child marriage restraint act is discussed. This section deals with the extent and commencement of the act. Xix of 1929 for the purposes hereinafter appearing. The core provisions of the prohibition of child marriage act, 2006 are as follows. The child marriage restraint act 1929, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Amendment of section 4, act xix of 1929 the said act, in section 4.
Whereas it is expedient to restrain the solemnisation of. Child marriage restraint act, 1929 xix of 1929 an act to restraint the solemnization of child marriages. Short title extent and commencement 1 this act may be called the child marriage restraint act, 1929. The child marriage restraint act 1929 indian bare acts. An act to restraint the solemnization of child marriages. Short title extent and commencement further to amend the child marriage restraint act, isis no xix of isze. The pcma, 2006 defines a child to mean a male below 21 years and female. Whereas it is expedient to restrain the solemnization of child marriages. The child marriage restraint act, 1929 laws of india. The prohibition of child marriage act pcma defines child marriage as marriage in which either the girl or the boy is underage, i.
Child marriage restraint act commonly known as sarda act was passed in 1929 which raised the marriageable age for girls to 14 and for boys to 18 years. Analysis of child marriage restraint act 1929 racolb legal. This act may be called the child marriage restraint act, 1929. Bangladesh parliament passes law allowing child marriage. A marriage to which either of the contracting party is a child. Bangladesh parliament passes law allowing child marriage in.
The child marriage restraint act, 1929 was repealed by new central legislation prohibition of child marriage act, 2006. This act defined child marriage as the marriage of boys under age 21 and girls under 18. Child marriage restraint act 1929, india britannica. The child marriage restraint act, 1929 nasirlawsite. Child marriage restraint act commonly known as sarda act was.
This act was originally in the federal ambit, however, 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 2015 xii of 2015. Bangladesh parliament passes law allowing child marriage in special circumstances. Xix of 1929, hereinafter referred to as the said act, in section 2 for paragraph a, the following shall be substituted, namely. An act to restrain the solemnisation of child marriage.
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