The current legal marriage age in India or age of majority for marriage is 18 years as of now for women followed by 21 years of age for men. This aspect is certainly regulated under the Prohibition of Child Marriage Act, 2006 and it was recently amended by the previous legislation which had ultimately raised the age of marriage for both genders. The legal age for marriage stands in conflict with many other concepts to be taken into consideration.
Understanding of the Child Marriage Act, 2006
This Act was enacted to prohibit child marriages and further provide the required protection and rehabilitation of the child marriage victim. The Act clearly defines the legal marriage age in India which is for women 18 and 21 years for men, whoever solemnizes marriage under this age will be considered as child marriage.
The Act of Child Marriage also attracts penalties for those who conduct, perform, direct or abet any child marriage and hence are eligible for rigorous imprisonment which might also extend for two years and might also include a fine that may extend up to one lakh rupees or both.
Anybody who further promotes child marriage including parents or guardians who are promoting or allowing child marriage will also be treated under the above-mentioned penalties.
The persons may also be punished who further attend or participate in child marriage ceremonies unless they have proven that the said marriage was legal and had taken the required steps to prevent the solemnisation of marriage.
What If You Marry Before Attaining the Legal Age of Marriage in India?
In India a person cannot get married before he/she attains the specific legal marriage age in India which is 18 and 21 for women and men respectively under the Prohibition of Child Marriage Act, of 2006 if such a situation occurs then it will be regulated by the legal system mentioned below:
Voidable Marriage
The marriage under which one or both the parties are under the said legal age is hence considered voidable until and unless it is annulled by the court. This can be taken up by the parties to the marriage and can seek further annulment that is to be filed before the district court before attaining two years for the legal age of marriage ( 20 for women and 23 for men).
Void Marriage
The marriages which are void at the first instance under the specific categorisation include the minor was subjected to abduction away from their legal guardian and was ultimately forced into marriage and the marriage was done under fraud or misconceptions.
Fines and Penalties
Those who are subjected to perform, conduct, or abet a child marriage will attract punishment which includes rigorous imprisonment for a period of two years, a fine of up to one lakh rupees and both in critical cases.
Role of Parents/Lawful Guardian
The parents or guardians who are allowing child marriage or have failed to prevent child marriage from taking place are also subjected to the above-mentioned penalties. Hence they should also be aware about these penalties and their responsibilities.
Child Marriage Prohibition Officers
The Act allows the appointment of Child Prohibition officers who have been vested with certain powers under this Act to prevent child marriage from taking place and also take any legal action against the concerned offenders and ensure proper rehabilitation of victims.
Concept of Marriage under the Personal Laws in India
The Prohibition of Child Marriage Act, 2006 does not provide for any exceptions for marriage age in India except the age limit of 18 and 21 for women and men, but their are some legal considerations as follows:
Hindu Marriage Act, 1955
The role played by the religious and customary laws tend to have an effect upon the aspect of child marriage as in accordance with The Hindu Marriage Act, 1955 their are some legal consideration age for marriage i.e. 18 and 21 for women and men and it certainly aligns with the Prohibition of Child Marriage Act.
Muslim Personal Law
The Muslim Personal Law as of which the proper period of marriage is when a child attains the age of puberty and any act under which the marriage takes place below the age would lead to be punishable in nature.
Special Marriage Act, 1954
The Special Marriage Act, 1954 talks about the marriage which takes place beyond any religion but still is in compliance with 18 and 21 years of age for women and men for marriage. Hence even under the special marriage act the marriage age in India is same as the other personal laws.
Some Key Consequences of Child Marriage in India
The act of child marriage leads to many far consequences as of which it critically impacts the families, individual as well as an impact on society. The consequences can be considered under the legal, educational, economic, health and other social consequences which can be referred as follows:
Legal Consequences
The violation of Prohibition of Child Marriage Act, 2006 would attract for severe punishment on anybody who is involved in the act of child marriage including imprisonment and a fine of one lakh rupees. Child marriage can also be declared as void by the courts.
Educational Consequences
The attainment of proper education will also get disrupted as one might not get employed and would fail to gain economic independence. This would also attract the chains of poverty.
Economic Consequences
Several health implications would also lead to medical expenses for pregnancies and due to less education one leads to contributing less in the family expenses which is because of less education and employment.
Health Consequences
Due to early marriage it leads to a critical impact on health during pregnancy and childbirth. The aspect of malnutrition and Anaemia should also be taken into consideration which ultimately lead to far worse conditions during pregnancy and childbirth.
Social consequences
This would attract gender inequality and also impact the fertility rates of the population that certainly impact growth and further places impact upon the services and also on public health services.
Methods of Reporting or Preventing Child Marriages in India
One can prevent or repot any child marriage that tends to take place by the following methods:
- Dial 100 and this is how you can reach out to the police authorities.
- Dial 1098 to child helpline number and alert authorities.
- Report the case to the District Child Protection Unit (DCPU).
- Report to the Child Marriage Prohitbition Officer.
- Register complaint under National Commission for Protection of Child Rights (NCPCR)
- Reach out to NGOs for child protection.
Conclusion
It requires a complete effort among all the citizens, the authorities and the organisations who can help to prevent or report any child marriage that tends to take place before the child attain the legal age for marriage in India. Enacting and ensuring the proper implementation of legal framework and also to promote proper education and awareness among all would also lead to a far more effective act of preventing child marriages in India and help in protecting the rights and future of the children.
FAQs
- What is the legal age of marriage in India?
The Child Marriage Prohibition Act, 2006 clearly defines the age for women as 18 and 21 years of age for men, whoever solemnizes marriage under this age will be considered as child marriage.
- What are the consequences of child marriage in India?
The Act of Child Marriage attracts penalties for those who conduct, perform, direct or abet any child marriage and hence are eligible for rigorous imprisonment which might also extend for two years and might also include a fine that may extend up to one lakh rupees or both.
- Are there any exceptions to the legal age of marriage?
The Hindu Marriage Act, 1955 their are some legal consideration age for marriage i.e. 18 and 21 for women and men and it certainly aligns with the Prohibition of Child Marriage Act. The Muslim Personal Law as of which the proper period of marriage is when a child attains the age of puberty.
- How can one report or prevent child marriages?
Dial 100 through which you can reach out to the police authorities, dial 1098 to child helpline number and alert authorities, report the case to District Child Protection Unit (DCPU), report to the Child Marriage Prohitbition Officer, register compliant under National Commission for Protection of Child Rights (NCPCR) and reach out to NGOs for child protection.
- What is the role of The Special Marriage Act for child marriage?
The Special Marriage Act, 1954 talks about the marriage which takes place beyond any religion but still is in compliance with 18 and 21 years of age for women and men for marriage.
- Can individuals marry before the legal age?
No, an individual cannot marry before the legal age in India.
