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Mar 4, 2022
What is the legal validity of child marriages in India?
The Punjab and Haryana High Court has upheld that child marriages are not automatically invalid, and would become valid if no steps are taken by the concerned child to declare the marriage as void.
What is child marriage?
In India, child marriage is dealt with under the Prohibition of Child Marriage Act, 2006. A child marriage is any marriage in which at least one of the persons getting married is a child. The Act defines a ‘child’ as:
- A male who has not completed 21 years of age; or
- A female who has not completed 18 years of age.
What is the legal validity of child marriages in India?
The law tries to prevent child marriage by punishing people who perform or participate in child marriages. However, if a child has been married, the law does not immediately make the marriage invalid. The child so married has the option to invalidate the marriage or continue to be married. To invalidate the marriage, the child should file a petition in the court. A girl child should file the petition by the age of 20, and a boy child by the age of 23.
Offences related to child marriage
If a male adult above eighteen years of age marries a child, he can be punished with imprisonment of up to two years and/or a fine of up to Rupees one lakh.
It is a crime for anyone to perform, conduct, direct or assists in any child marriage. The punishment is imprisonment of up to two years and a fine of up to Rupees one lakh. Such a person will be punished unless they prove that they had reasons to think that the marriage was not a child marriage.
In case a child is getting married, any person who is in charge of the child (parent, guardian etc.) can be punished for allowing the marriage to happen. It is assumed that the person having charge of the child has negligently failed to prevent the marriage. Further, any other person who promotes the child marriage, or permits the marriage to be conducted, or negligently fails to prevent the marriage can be punished. This includes persons who attend or participate in conducting a child marriage. The punishment is imprisonment of up to two years and a fine of up to Rupees one lakh. However, a woman cannot be punished with imprisonment for promoting or permitting a child marriage.
To know more, read here.