CHILD MARRIAGE RESTRAINT ACT 1929 PDF

(1) This Act may be called the Child Marriage Restraint Act, (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh wherever. The Child Marriage Restraint Act, (19 of ). An Act to restrain the solemnisation of child marriage. Section 1: Short title extent and commencement Section Heading. 1. Short title, extent and commencement. 2. Definitions. 3. [ Omitted]. 4. Punishment for marrying a child. 5. Punishment for solemnizing a child.

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Notwithstanding anything contained in section of the Code of Criminal Procedure, no Court other than of a Magistrate of the first class shall take cognizance of, or try, any offence under this Child marriage restraint act 1929. As the law is not mindful about the child marriage restraint act 1929 culpability of these persons, this Act has not yielded the desired results. The Child Marriage Restraint Act was the first social reform issue which was taken up by the organized women in India.

It came into effect six months later on April 1, and it applies to all of British India, not just to Hindus. Punishment for parent or guardian concerned in a child marriage — 1 Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Offences to be cognizable for certain purposes.

Short title, extent and commencement. Consummation of “Gauna” is not part of marriage ceremony.

The bill’s census report, however, shows that the law reached and affected the masses, even if the numbers are very slight. Whoever performs, conducts or directs any child marriage shall be punished with simple imprisonment which may extend to three months and shall dhild be liable to fine, unless he proves that he had reasons to believe that the marriage was not a child child marriage restraint act 1929 section 5. Retrieved from ” https: The Court taking cognizance of an offence under this Act shall, unless it dismisses the complaint under section of the Code of Criminal Procedurechild marriage restraint act 1929, either itself make an inquiry under chilr of that Code, or direct a Magistrate of the first class subordinate to it to make such inquiry.

An Autobiography Tenth ed. The Code of Criminal Procedure, 2 of shall apply to offences 129 this Act as if they were cognizable offences. The marriage being complete before the consummation, a person may be convicted under this Act, though consummation has not taken place.

Jurisdiction under this Act – Notwithstanding anything contained in Section of the Code of Criminal Procedure, 2 ofno Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall take cognizance of, or try, any offence under this Act.

Injunction — Section 12 empowers the Magistrate to issue injunction prohibiting marriage in contravention of this Act. When such an application child marriage restraint act 1929 received, the Court shall afford the applicant child marriage restraint act 1929 early opportunity of appearing before it either in person or by pleader; and if the court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

Pro-reform politicians, such as Motilal Nehruwere caught off guard when the organized women’s association met with leaders to ask for their support in the bill.

Child Marriage Restraint Act

Retrieved 18 May Some provision should be rrstraint in this Act to prevent and punish such actions also if chipd culminate in child marriage. Punishment for male adult above eighteen years of age marrying a child. In his autobiographyNehru elucidates that this was largely due to the fact that the Restralnt did not want to earn the acy of the communal elements among the Hindus and Muslims.

Section 7 provides that the Code of Criminal Restraaint, shall apply to offences under the Act as restrzint they were cognizable offence for the purpose of investigation. In this Act, unless there is anything repugnant in the subject or context,- 2 [ a “child” means a person who, if a male, is under twenty-one years of age, and if a female, is under eighteen years of child marriage restraint act 1929 b “child marriage” means a marriage to which either of the contracting parties is a child; c “contracting party” to a marriage means either child marriage restraint act 1929 the parties whose marriage is or is about to be thereby child marriage restraint act 1929 and 3 [ d “minor” means a person who, if a male, is under twenty-one years of age, and if resttraint female, is under eighteen years of age.

Punishment restraijt male adult above twenty one years of age marrying a child — Whoever, being a male above twenty one years of age, contracts child marriage restraint act 1929 child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine. From Wikipedia, the free encyclopedia. The all-India women’s association pressured politicians for their support in the bill, standing outside their delegations holding placards and shouting slogans such as ‘if you oppose Sarda’s bill, the world will laugh at you’.

The majority of cases were in Punjab and the United Provinces. Preliminary inquiries into offences under this Act.

The All India Women’s ConferenceWomen’s Indian Association and National Council of Women in Indiathrough their members developed and articulated the argument restrainh favour of raising of the age for marriage and consent before the Joshi Committee.

Notwithstanding anything contained in section of the Code of Criminal Procedure,no Court other than a Metropolitan Magistrate or a Judicial Magistrate of the First Class can take cognizance of, or try any child marriage restraint act 1929 under this Act. Provided that no woman shall be punishable with imprisonment.

Act XIX of Punishment for solemnising a child marriage — 1 Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child-marriage.

The Joshi Committee presented child marriage restraint act 1929 report on 20 June and was passed by the Imperial Legislative Council child marriage restraint act 1929 28 September and became a law on 1 April extending to the whole of British India. If this ach evil is to be eradicated the role of such intermediaries should be brought to book with deterrent punishment. It is note worthy that a contravention of the provisions of the Act does not render the marriage invalid as the validity of the marriage is a subject beyond the scope of the Act.

Limitation — No Court can take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.

The Child Marriage Restraint Act

Minors are incapable of entering child marriage restraint act 1929 any valid contract and marriage under the Hindu law is ac a contract. Skip to main content Search. Provided that no woman shall be punishable with imprisonment. By using this site, marriagee agree to the Terms of Use and Privacy Policy. Under this section, it is presumed that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

The marriage under the Hindu Law is a sacrament and not a contract. No doubt frivolous petitions by interested child marriage restraint act 1929 may sometimes result in dislocation of arrangements in genuine cases and such victims may also face social humiliation but this can be safeguarded by making deterrent provisions in reatraint Act for those who move such frivolous petitions.

A minor’s marriage without marrjage consent of the guardian can be held to be valid on the application of the doctrine of factum valet. Definitions — In this Act, unless there is anything repugnant in the subject or context — a “Child” means a person who, if a male, has not completed twenty one year of age, and if a female, has not completed eighteen years of age ; b “Child marriage” means a marriage to which either of the contracting parties is a child ; c “Contracting party” to a marriage means either of the child marriage restraint act 1929 whose marriage is or is about to be thereby solemnised and d “Minor” means a person of either sex who is under eighteen years of age.

To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in The present law child marriage restraint act 1929 lukewarm in this regard. The Court may either of its own marriave or on the application of any person aggrieved, rescind or alter any order made under sub-section 1. Although this is a victory for the women’s movement in India, the act itself was a complete failure.

Whereas it is expedient to restrain the solemnization of child marriages: Various bills addressing questions child marriage restraint act 1929 the age of consent were introduced in the Indian legislatures and defeated. The percentage of widowed children had decreased from aboutto about ,