The Prohibition of Child Marriage Act 2006
Child marriage remains a serious concern in India, especially in rural and underprivileged areas. Despite social efforts and awareness campaigns, underage marriages continue to take place, affecting the health, education, and future of minors. However, the legal system has taken firm steps to curb this practice. In this blog, Advocate Sagar Sharma from Bharat Ki Adalat Law Firm explains the core of The Prohibition of Child Marriage Act 2006, outlining its key provisions and how citizens can act against it.
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What is the Child Marriage Act?
The Prohibition of Child Marriage Act, 2006 replaced the earlier Child Marriage Restraint Act, 1929. This new law offers stricter enforcement and broader protections. It clearly defines a child as:
- A boy under 21 years of age
- A girl under 18 years of age
The Act prohibits marriage involving children and recognizes such unions as illegal. However, the law doesn’t automatically void these marriages. Instead, it gives affected parties legal recourse.
This Act not only punishes offenders but also enables children to seek help through courts and support systems.
Nullity of Child Marriage
Under this Act, the child has the right to get the marriage declared void. A minor can file a petition in district court for annulment before turning 20. The law treats such marriages as voidable at the option of the contracting child.
Moreover, in specific cases, the Act treats a child marriage as automatically void, such as:
- When the marriage involves kidnapping
- When coercion or trafficking is involved
- When the child is forced into marriage for unlawful gain
In these circumstances, the court grants full protection to the minor. The child can also seek custody of children born from the marriage and claim maintenance. The court ensures justice without delay and protects the minor from further harm.
Filing an FIR Against Child Marriage
If you are a witness to a child marriage or are a victim yourself, you can file an FIR under this Act.
Here’s how:
- Visit the nearest police station and file a written complaint.
- You may also contact Childline (1098) or the District Child Protection Unit.
- The police are legally bound to take immediate action, including stopping the ceremony or arresting the offenders.
Advocate Sagar Sharma strongly encourages citizens not to ignore or silently witness such events. The law empowers individuals to act and protect vulnerable children from early and forced marriages.
Punishment for Child Marriage Offenders
The Prohibition of Child Marriage Act 2006 carries stringent penalties for those involved in arranging, facilitating, or solemnizing such marriages.
Penalties include:
- Marriage solemnizer (e.g., priest, qazi): Up to 2 years of imprisonment + ₹1 lakh fine
- Parents or guardians: Same punishment as above if proven guilty
- Adult male marrying a minor girl: Up to 2 years of imprisonment + ₹1 lakh fine
Importantly, these offenses are cognizable and non-bailable, meaning the police can arrest the accused without a warrant.
Why This Law Matters More Than Ever
Despite improvements in literacy and economic development, many families still push their children—especially girls—into early marriage, citing tradition or poverty. However, this often leads to:
- Increased maternal mortality
- School dropout rates
- Financial dependence
- Long-term psychological trauma
With the help of legal experts like Advocate Sagar Sharma, victims and their families can seek justice, protection, and a path to a better life.
Conclusion
The Child marriage law under the Prohibition of Child Marriage Act 2006 is a powerful tool to protect minors and penalize wrongdoers. However, legal awareness and timely action are key. Whether you are a concerned parent, teacher, or citizen, you have the right and duty to report child marriage.
If you or someone you know is affected by child marriage or wants to understand their rights under this law, consult Advocate Sagar Sharma at Bharat Ki Adalat Law Firm for trusted and confidential legal guidance.
If you want to stop child marriage near you and in your relatives, contact Advocate Sharma now for expert legal help.
Contact Us: 9999019695
Website: https://advocatesagarsharma.com
Address: Adv Sagar Sharma Law Office Near Badami House Sector -1 Bisrakh Greater Noida West Uttar Pradesh
