Child marriage

Child Marriage

What are Child marriages?

All matrimonial laws provide a minimum age of marriage. Except for Muslim personal law where the age of marriage is in consonance with the age of puberty, which is presumed to be 15 years, all other legislations lay down 21 years for the boys and 18 years for the girls as the minimum age when they can marry legally. It is important to note that amongst the multiple laws dealing with marriage it is only Special Marriage Act, 1954, that renders a child marriage void. Hindu Marriage Act, Section 5 (iii) provides that the bridegroom needs to complete 21 years of age and the bride 18 years, however, the contravention of the same would neither render the marriage voidable nor void. Instead, such a marriage remains legally valid, though punishable under Section 18 of the Act, which prescribes penalties for contravention of the age requirement.

History

Child marriage has a long history in India and is deeply rooted in tradition and culture. In ancient India, child marriage was considered a norm and was seen as a way to preserve family honour and property, governed largely by various Hindu texts such as Manusmriti and Dharmashastras. The practice was also a way to secure alliances between families and tribes. As a matter of general practice, boys and girls were married during their infancy.

During the colonial period, the British government attempted to curb the practice of child marriage through laws and regulations. One of the earliest legal interventions was The Age of Consent Act of 1891, amended the IPC and set the minimum age to have a sexual intercourse for girls as 12. This Act did not directly prohibited child marriage, it marked a significant acknowledgement of the harm caused by early consummation of marriage. However, it faced huge criticism from conservative sections of the society and the law could not be enforced effectively, and child marriage continued to be prevalent.

The enactment of the Child Marriage Restraint Act in 1929 was a more direct legal response to the issue of child marriages than the other forms of social activism discussed above. Known as the Sarda Act, it was the first law in India specifically established to prevent child marriages. This law set a minimum marriage age of 14 for girls and 18 for boys. If an adult male married a minor girl or if anyone performed or facilitated a marriage of this nature, they could face penal consequences under the law. Despite this statute having significant symbolic meaning, the Child Marriage Restraint Act contains no provisions making child marriages void, nor does it include enforcement provisions. Thus, the law was unable to make an appreciable effect on the rate of child marriages in India.

At the time of India's independence, the Indian government retained the Child Marriage Restraint Act; however, the statute was amended to incorporate changing constitutional values and concerns with child welfare. The minimum age for marriage for girls was increased to years15 in 1949 and to 18 years in 1978. For boys, the minimum marriage age was raised to twenty-one years in 1978. These amendments made the Child Marriage Restraint Act consistent with the constitutional principles of equality, dignity and having a child's best interests as the primary consideration. Nevertheless, poverty, lack of education, patriarchal norms, and the very limited implementation of the law continue to result in child marriages being a widespread phenomenon throughout India.

Recognising that the Child Marriage Restraint Act was no longer effective, Parliament passed the Prohibition of Child Marriage Act in 2006, which took effect in 2007. The Prohibition of Child Marriage Act was a sea change in the Indian government's approach to child marriages from restraint of child marriages, as set out in the Child Marriage Restraint Act, to prohibition of child marriages. Under the terms of the Prohibition of Child Marriage Act, a "child" is defined as a girl under 18 years of age and boy under 21 years of age. The Prohibition of Child Marriage Act also established more severe penalties for individuals who violate the law. Importantly, the Act made child marriages voidable at the option of the minor party and declared them void in certain aggravated circumstances such as force, trafficking, or coercion. It also provided for the appointment of Child Marriage Prohibition Officers and empowered courts to issue injunctions to prevent proposed child marriages.

Status of Child marriages under different laws.

Hindu Law

Under the Hindu Marriage Act, 1955, Section 5(iii) prescribes the minimum age for marriage as 21 years for males and 18 years for females. Child marriages solemnized under this law are considered valid, but they are subject to penal provisions under the Prohibition of Child Marriage Act, 2006. The law does not render such marriages void or voidable unless challenged under the PCMA.

Muslim Personal Law

In Muslim Personal Law, there is no codified statute, but marriage is deemed valid if both parties have attained puberty, generally presumed to be 15 years, and consented to the union. Child marriages under Muslim law are considered valid, though the PCMA applies as a general law, potentially overriding personal law in specific cases.

Christian Law

Under the Indian Christian Marriage Act, 1872, the minimum age of 21 years for males and 18 years for females. However, the Act does not explicitly address the validity of marriages below the prescribed age, leaving them valid unless declared voidable under the PCMA.

Special Marriage Act

The Special Marriage Act, 1954, in Section 4(c), stipulates the minimum marriageable age as 21 years for males and 18 years for females. Unlike other laws, marriages below the stipulated age are considered void under this Act.

Prohibition of Child Marriage Act

The Prohibition of Child Marriage Act, 2006 (PCMA) was enacted in India to prohibit and prevent the practice of child marriage. It replaced the Child Marriage Restraint Act, 1929, providing a stronger legal framework to address the issue. The Act aims to protect children, especially girls, from the adverse effects of early marriage and ensure their right to a safe and healthy childhood.

Under the PCMA, a “child” is defined as a male under the age of 21 years and a female under the age of 18 years. The Act declares child marriages voidable at the option of the child involved and provides a mechanism for the annulment of such marriages through the district court. In certain situations, such as marriages involving trafficking or coercion, the Act declares such unions automatically void.

The Act prescribes stringent punishments for promoting or conducting child marriages. Those found guilty can face imprisonment of up to two years, a fine of ₹1,00,000, or both. To ensure better enforcement, the law designates Child Marriage Prohibition Officers to prevent child marriages, spread awareness, and assist in its implementation. Additionally, offenses under the Act are classified as cognizable and non-bailable to emphasize its seriousness.

The law also includes provisions for the custody and maintenance of the girl child in cases where the marriage is annulled. This ensures the welfare and rehabilitation of the affected child, addressing their immediate needs and long-term well-being.

Major Judgements related to Child Marriage

Union Of India v. Society For Enlightenment And Voluntary Action [1] - T

2. Sabari @ Sabarinathan v. Inspector Of Police [2] -

1. Society for Enlightenment and Voluntary Action v. Union of India

The Supreme Court in a landmark judgment has gone beyond simply punishing child marriages by determining how they can be prevented on a systematic level as well as holding relevant institutions accountable. Additionally, the Court has provided clear direction concerning "Mandatory Directives" that are applicable to both the Central Government and State Government, which indicate that personal law cannot obstruct the application of the Prohibition of Child Marriage Act. Further, the Court has reiterated that child marriages violate minors' "free will" and "agency." For that reason, the court has required that specialised officers called Child Marriage Prohibition Officers (CMPOs) be authorised and have powers commensurate with a magistrate. It has been recommended by the Court that statutes with respect to the definition of "child marriage" also include "child betrothals" to prevent families from avoiding statutory age limitations on child marriages by early betrothals.

2. Sabari @ Sabarinathan v. Inspector of Police

This case emphasized the concerns of the judiciary regarding consensual relationships between adolescent girls under 18 and boys who are teenagers or slightly older than them. Although both parties are usually innocent and naturally attracted to one another when these types of relationships develop, the provisions of POCSO Act will apply automatically, with very serious criminal implications for the male counterpart in the event the relationship goes beyond a platonic one, regardless of whether the girl is of sound mind and has consented. There is a difference between the legal provisions and the realities of society, which is why it is suggested that the definition of “child” under POCSO Act be modified to lower the age of consent from 18 to 16 (i.e., once a girl turns 16, she and an adolescent male may engage in consensual sexual acts without fear of prosecution under POCSO Act). It is proposed that, in addition to changing the definition of a child, there should be a more tolerant legal framework for adolescent consensual relationships that will prevent others from abusing the legal system and continue to protect younger children from sexual exploitation, such as by limiting the permissible age difference between parties in a consensual relationship.

3. Independent Thought v. Union of India

The Supreme Court of India has made history by redefining the definition of child marriages by defining sexual intercourse with a woman who is under the age of 18 years and without regard for marital status as rape. The court has interpreted Exception 2 under Section 375 of the IPC as being consistent with both the Prohibition of Child Marriage Act, 2006 and constitutional protections found in Article 21. The court has also made it abundantly clear in its ruling that marriage cannot be a defence against sexual violence committed against minors, due to the rights given to minors due to their physical integrity and dignity.

The Supreme Court clearly stated "It would, therefore, not be wise to continue with a practice, traditional though it might be, that puts the life of a girl child in danger and also puts the life of the baby of a girl child born from an early marriage at stake. Apart from provisions, statutory constitutional and constitutional morality forbids from giving an interpretation to Exception 2 to Section 375 IPC that sanctifies a tradition or custom that is no longer sustainable."

4. Yunusbhai Usmanbhai Shaikh v. State of Gujarat

The Supreme Court in this case examined the law on the status of child marriages through the definitions contained in the Prohibition of Child Marriage Act, 2006. It ruled that child marriages are neither made void automatically nor do they have to be declared void due to some other law. The minor(s) who are married cannot and will not have the right to void their marriages except through specific means established under law, including the specific facts and circumstances surrounding the marriage. This case is extremely important in shaping the future of child marriages.

5. Court on Its Own Motion (Lajja Devi) v. State

In its suo motu proceedings, the Delhi High Court reaffirmed the protective legal regime for child brides. The Court ruled that minor girls married illegally should not be left unprotected and without recourse under personal law. The Court also emphasised the need for the State to provide shelter, protection, maintenance and rehabilitation for child brides and interpreted child marriage law in a welfare-oriented manner.

6. T. Sivakumar vs The Inspector Of Police

T. Sivakumar and the Inspector of Police were the subject of a court ruling that contrasted “void” with “voidable” child marriages under India’s Prohibition of Child Marriages Act (PCMA). As Section 3 of the PCMA shows, child marriages can be voided at the child party’s discretion. Voidable marriages, by default remain valid until the minor has the opportunity to have it annulled. The court states there are specific allowances for void marriages in exceptional situations such as a child taken away through kidnapping, being sold into sexual slavery (the definition extended from child trafficking), or being forced into the marriage for immoral purposes (per Section 12). The court ruled child marriage is not automatically void; instead, it continues to exist in Indian law until the minor has the opportunity to annul the marriage in a competent court. The judges pointed out that the intent of the Act was to create legal protection for children and not to create retroactive criminal penalties or destroy existing social norms without enacted law.

7. Seema v. Ashwani Kumar

The Supreme Court also addressed issues raised by child marriages and other immoral acts that are promoted by the failure to legally register a marriage. The Supreme Court firmly established, following the direction of the President of India to all States and Union Territories, that every marriage must be registered; therefore States and Union Territories (UTs) are ordered to comply with this law. As a result, registering all marriages in every State and UT provides sufficient deterrents to engage in child marriage and also provides women and children with legal proof that they are married.

Legal provisions and remedies related to child marriage

The Prohibition of Child Marriage Act (PCMA), 2006

• Section 3 talks about annulment of child marriages. According to this section, the party that was a child at the time of the marriage can petition the District Court to annul the marriage at any time, but before the completion of 2 years of attaining majority.
• Section 3(4) handles the provisions related to return of exchanged valuables. While granting a decree of nullity, the District Court should direct parties to return money, valuables, ornaments, and gifts exchanged at the wedding.
• Section 4 of the act talks about female child party to child marriage and a child borne from the marriage can be granted maintenance. The female child party has residence rights on annulment of the child marriage. Maintenance can be interim/final and has to be paid till her remarriage.
• Section 5 of the act contains the provisions for custody and maintenance of children. It is based on the welfare and the best interest of the child. All such children are legitimate even if nullity decree is passed.
• Section 9: This section specifically punishes any male adult above eighteen years of age who contracts a child marriage. The punishment is rigorous imprisonment for up to two years, or a fine of up to one lakh rupees, or both.
• Section 10: Any person who performs, conducts, directs, or abets a child marriage can be punished with imprisonment of up to two years and a fine of up to one lakh rupees. However, this does not apply if the person can prove they had reason to believe the marriage was not a child marriage.
• Section 11: This section holds parents, guardians, or any other person in charge of a child accountable if they promote, permit, or fail to prevent a child marriage. The punishment is the same as in Section 9 (up to two years and/or fine).
• Section 12: Unlike the "voidable" status under Section 3, this section declares a marriage to be automatically "null and void" (void from the beginning) in specific coercive circumstances. These include cases where a minor child is taken or enticed out of lawful guardianship, compelled by force, induced by deceitful means, or sold/trafficked for the purpose of marriage.
• Section 15: For effective enforcement, this section declares that all offences under the PCMA are "cognizable and non-bailable."

The Protection of Children from Sexual Offences (POCSO) Act, 2012

Sections 3, 5, and 6 (Penetrative Sexual Assault and Aggravated Penetrative Sexual Assault) : The POCSO Act defines a "child" as any person below 18 years of age. Crucially, it makes all sexual activity with a person below 18 a crime, regardless of consent or marriage. This means that if an adult man has a sexual relationship with his minor wife, he can be prosecuted under this Act.

Standard Operating Procedure (SOP)

This SOP defines a child as a "a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age" and Child Marriage as "a marriage to which either of the contracting parties is a child."

It provides the method of working and welfare measures to be adopted by collaboration of governmental and non-governmental agencies, in order to help eliminate child marriage.

ASHA (Awareness, Support, Help, and Action) Unit is proposed, comprising of the judicial officer in charge of family court in the district, Principle District and Sessions Judge, DLSA, Secretary DLSA, etc. The aim of the ASHA unit is to assist the victim of child marriage in matters pertaining to abortion and pregnancy terminations, adhering to the court orders, etc. They also arrange for a counsellers for the mental well being of the child born out of child marriage above the age of 3, if required. ASHA unit helps in finding shelter and home accomodation in coordination with the Child Marriage Prohibition officer. This unit identifies and facilitates the victims of child marriage that can be put in family foster care running under the Mission Vatsalya run by the Ministry of Women and Child Development among other functions.

The ASHA unit regularly conducts awareness camps in schools and colleges, programs online, and so on, to help in the prevention of child marriage and the rehabilitation of children. It takes steps to strengthen the coordination between the different Governmental bodies, working on the prevention and rehabilitation of child marriage at the district level by creation of a Monitoring and Mentorship body in the district to follow up with the victims regularly and redress their concerns. ASHA unit to provide financial assistance for educational needs and vocational training of victims of child marriage and children born out of child marriages. The vocational training among other things, include carpet making, embroidery, stitching, tailoring, computer courses, beautician courses, etc, and other courses that can make the victims of child marriage economically self-sufficient.

The Prohibition of Child Marriage (Amendment) Bill 2021

Bill No.163 of 2021, made (not passed) to further amend the Prohibition of Child Marriage Act 2006. The Bill seeks to amend the Prohibition of Child Marriage Act, 2006, to increase the legal age of marriage for women from 18 to 21 years, equal to that of men. It overrides personal laws and customs, ensuring uniformity across all religions and communities. It empowers courts to annul underage marriages and gives girls the right to void such marriages up to two years after attaining majority. The Bill amends various laws, including the Hindu Marriage Act and the Indian Christian Marriage Act, to align them with the new age threshold. It also aims to improve women's health, education, and socio-economic status by delaying marriage. The law includes provisions for punishment of adults involved in child marriages and protection for children born out of such unions.

Civil remedies available

• Child marriage is voidable at the option of the aggrieved child.
• A child marriage is void ab initio in circumstances that entail the enticement or sale of minor for marriage or use of force or deceitful means or the sale and trafficking of a child for immoral purposes.
• Where there are children born out of a child marriage, the court should pass orders for the custody of the children and may also pass orders for providing maintenance to the children borne out of such a marriage by a party to the marriage or their parents or guardians.
• If a child-bride is abandoned by her husband after the marriage or where he neglects or refuses to maintain her, and she is unable to maintain herself, an application can be filed before a Magistrate seeking a direction for payment of maintenance under Section 144 of the BNSS.
• Relief can be sought under the PWDV Act, 2005 in cases where the child-bride is being subjected to domestic violence such as physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.

Official Reports

Law Commission of India Report No. 205

Law Commission Report no. 205 on “Proposal to Amend the Prohibition of Child Marriage Act, 2006 and Other Allied Laws.” It suggested declaring child marriages as void rather than voidable to ensure stricter enforcement. Strengthening penalties for those solemnizing or promoting child marriages. Enhancing rehabilitation measures for child brides and grooms.

NALSA (ASHA- Awareness, Support, Help and Action) Standard Operating Procedure- Towards Eliminating Child Marriage, 2025

This Standard Operating Procedure (SOP) aims to raise awareness about the legal framework of the PCMA and the Juvenile Justice (Care and protection for children) Act 2015. It intends to empower vulnerable groups and equip girls, boys, parents, guardians, etc. with resources and knowledge to withstand societal and family pressure to engage in child marriage, imparting vocational training, skill development, etc. to eliminate early marriage. This SOP aims to create an institutional framework and strengthen coordination between the government and the non-governmental bodies to create a platform for like minded people, to put an end to child marriage and rehabilittion of the victims of child marriage.

Child Marriage Laws: How They Differ Across States

1. Prohibition of Child Marriage (Karnataka Amendment) Act, 2016

It is an act that received the assent of the President of India in 2017. The significant impact of this legal amendment on child marriage is that it has declared child marriages in Karnataka as void ab initio, which means that child marriages have no legal effect from the time of marriage, a departure from the provisions of the central law, which states that child marriages are voidable by the minor party. The new law creates a zero-tolerance environment for child marriage, as it establishes that a child marriage has no legal existence, and therefore has consequences on child marriage for maintenance, inheritance, and criminal liability as provided for by other statutory provisions such as the POCSO Act.

2. Prohibition of Child Marriage (Himachal Pradesh Amendment) Act, 2024

This is one of the most prominent ones which received the President's assent in 2017 . This amendment fundamentally alters the legal status of child marriages in the state by declaring them "void ab initio" (invalid from the very beginning), a significant departure from the central law which treats them as merely "voidable" at the option of the minor party . This bold step is aimed at ensuring zero tolerance for the practice, with the legal consequence that a child marriage has no legal existence, thereby affecting related matters of maintenance, inheritance, and criminal liability under acts like POCSO.

Research that engages with

Trends in Child Marriage (Enfold India)

This report published by Enfold India in 2024, applies the offical and legal definition of child marriage under Section 5 of the Hindu Marriage Act, in conducting its research. This report provides the findings of analysis of 174 judgments under the Prohibition of Child Marriage Act (PCMA), registered and disposed between 1st January 2015 and early 2023. It seeks to examine criminal proceedings under the PCMA to understand the manner in which cases enter the justice system. It provides statistical data collected from different states to shed light on the reality of child marriages and the efficacy of PCMA along with other acts. Through manual and automated data collection methods, it showcases its findings, analysis and limitations, such as the nature of child marriages being prosecuted, profile of parties in child marriages, who reports child marriages, the circumstances in which child marriages were reported, persons charged under the PCMA, nature of charges and its interplay with the POCSO Act, nature of victim's testimony, outcomes and factors that affect the outcomes, sentencing and victim compensation, and so on. Further, it offers recommendations and reflections that should be adopted by policy makers and stakeholders, underscoring the need for empowering and supportive interventions.

Annulment of Child Marriage under the Prohibition of Child Marriage Act, 2006 (Enfold India and UNFPA )

This report jointly published by Enfold India and UNFPA in 2024, serves as a comprehensive document and a guide that is designed to help raise awareness and empower child parties to exercise their right to annul child marriages under the Prohibition of Child Marriage Act (PCMA), 2006. It consists of legal framework related to child marriage, which provides an overview of laws applicable to various aspects of child marriage, including its prevention, care and protection of child parties, criminal proceedings and sanctions, civil remedies available to the victims, etc. It also explains the legal status of child marriages and meaning of void and voidable marriages. Further, it delves into who can exercise the option of nullifying child marriages, procedures for nullity, etc. Additionally, it provides insights into other reliefs available to the child parties, such as maintenance, custody of children, etc. under the PCMA. This report highlights the need for holistic support systems like education, shelter, access to reliable information. It puts the onus on policy makers to provide suitable legal reforms to ensure that child parties are able to access relief and the ones providing the evidence are protected from prosecution.

Child Marriage Interventions and Research from 2020 to 2022. (the CRANK)

The document the Child Marriage Research to Action network (the CRANK) explores child marriage comprehensively, going beyond standard definitions to include informal unions, culturally specific understandings, and intersections with development, age, consent, and force. It examines the prevalence, causes, and consequences of child marriage globally while addressing critical gaps in understanding effective prevention and response strategies. The review highlights marginalized groups such as LGBTQIA+ adolescents and children with disabilities, presenting a nuanced analysis of barriers faced in addressing child marriage, particularly in crisis settings and underrepresented regions like the Central African Republic and Chad.

The research identifies substantial gaps in intervention effectiveness, such as the limited success of multicomponent strategies and the challenges of scaling community-based efforts. It also notes the mismatch between geographies with high child marriage prevalence and the regions most studied. Overlaps exist in studies documenting determinants and consequences, yet there remains insufficient focus on interventions addressing systemic drivers like poverty, gender norms, and education quality. The document advocates for integrated approaches combining legal, social, and economic reforms to address entrenched norms and systemic barriers.

Child Marriage in India: A Research Study (Child Rights and You)

This research study commissioned by Child Rights and You (CRY) on child marriage in India goes beyond its official definition, framing it as a deeply rooted socio-cultural practice driven by poverty, gender inequality, and systemic barriers like limited access to education and economic opportunities for girls. Through a mixed-method approach, it builds a nuanced understanding of the concept by examining community norms, the impacts of patriarchal traditions, and systemic responses. It highlights significant gaps, including inadequate awareness of laws, weak community-level protection mechanisms, and challenges in implementing legal frameworks like the Prohibition of Child Marriage Act. Despite overlaps in understanding the role of education and economic empowerment as deterrents, the study underscores the disconnect between community practices and systemic efforts, advocating for a synergized approach to end this human rights violation.

Child Marriage: The Worst Form of Slavery (Human Rights Law Network)

This research study commissioned by Human Rights law Network (HRLN) explores the issue of child marriage by extending beyond official documentation to provide a comprehensive analysis of its causes, consequences, and persistence. It traces the historical evolution of the practice, critiques existing legal frameworks like the Prohibition of Child Marriage Act, 2006, and examines the societal, cultural, and economic factors that normalize child marriage. The document incorporates localized field data from states such as Bihar and Odisha and aligns the issue with international human rights violations under conventions like CEDAW and the UNCRC. However, gaps exist in addressing the psychological recovery mechanisms for survivors and the interplay between child marriage and modern slavery. Additionally, overlaps in global data analysis sometimes obscure region-specific complexities. By offering recommendations for law enforcement, policy enhancement, and community awareness, the report underscores the need for an integrated approach to eradicating child marriage.