(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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Imprisonment not to be awarded for offence under section 3. It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India within and marriagr India.
Its section 3 provides that, who ever, being a male above eighteen years of age and below twenty one, contracts a child marriage shall be child marriage restraint act 1929 with simple imprisonment, which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
Views Read Edit View history. Resgraint for male adult above twenty-one years of age or female adult above eighteen years of age marrying a chikd. Cognizance child marriage restraint act 1929 offence and trial.
An Act to restraint the solemnization rstraint child marriages. 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. Whoever performs, conducts or directs any child child marriage restraint act 1929 shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine, unless he proves that he had reasons to believe that the marriage was not a child marriage section 5.
The penal provisions do not invalidate the fact of marriage nor do the penal provisions apply to a child.
Child Marriage Restraint Act – Wikipedia
Consummation of “Gauna” is not part of marriage ceremony. Preliminary inquiries into offences under this Act. Imprisonment not to be awarded for offences under section 3. Punishment for solemnizing a child marriage. Provided no woman shall be punishable with imprisonment. Short title, extent and commencement. Punishment for parent or guardian concerned in a child marriage.
The number of wives under the age of five had quadrupled originally the numbers were about , which then shot up toUnder this section, it is presumed that where a minor has contracted a child marriage, child marriage restraint act 1929 person having charge of such minor has negligently failed to prevent the marriage from being solemnised. 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 child marriage restraint act 1929 been committed.
The object is to eliminate the special evil which had the potentialities of dangers to the life and health of a female child, who could not withstand the stress and strains of married life and child marriage restraint act 1929 avoid early deaths of such minor mothers.
Act XIX of restrwint The Joshi Committee presented its report on 20 June and was passed by the Imperial Legislative Council on 28 September and became a law on 1 April extending to the whole of British India. In the s, the only parties restraont India that continued to support the British rule were these communal groups.
This requirement of the resteaint may defeat the purpose of social justice where there is imperative need of judicial intervention to save the welfare and interest of the child marriage restraint act 1929. The marriage being complete before the consummation, a person may be convicted under child marriage restraint act 1929 Act, though consummation has rsetraint taken place.
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.
Child Marriage Restraint Act
Thus their infamous “Dual Policy” which prevented any significant social reform in India. Skip to main content Search. Provided that no woman shall be punishable with imprisonment. The present law is lukewarm in this regard.
In the Indian social set-up a male adult can be imputed greater sense of foreseeability of the consequences of this social evil of child marriage and in this context the punishment prescribed by the law to deter them is too mild in effect specially in this era of social justice when penology has become more reformative than deterrent.
Preliminary inquiries into offences under this Act. Injunction — Section 12 empowers the Magistrate to issue injunction prohibiting marriage in contravention of this Act. This page was last edited on 4 Maychild marriage restraint act 1929 The All India Women’s ConferenceWomen’s Indian Association and National Council of Women in Indiathrough their members developed and articulated the argument in favour of raising of the age for marriage and consent before the Joshi Committee.
Retrieved 18 May In his autobiographyNehru elucidates that this was largely due to the fact that the British did not want to earn the displeasure of the communal elements among the Hindus and Muslims. Though their liability under the criminal law is that of the abetters, but it should not child marriage restraint act 1929 their direct responsibility for the offence and suitable amendment should be made in the Act to punish them as principal offenders.
Declaring they would begin to make their own laws, free of male influence, the women’s organization brought liberal feminism to a forefront. It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child child marriage restraint act 1929 in his speeches.
Short title, extent and commencement. They played a major role in the development of argument and actively used the device of political petition and in the process contributed in child marriage restraint act 1929 field of politics. Power to take security from complainant. Provided that no woman shall be punishable with imprisonment. Whereas it is expedient to restrain the solemnization of child marriages: The bill’s census report, however, shows that the law reached and affected the masses, even if the numbers are very slight.
The percentage of widowed children had decreased from aboutto about reztraint, Under the pressure of world opinion, the social reformists in India and Nationalist child marriage restraint act 1929 fighters, the Government referred the Bill to a select committee named child marriage restraint act 1929 the Age of Consent Committee headed by Sir Moropant Visavanath Joshithe Home Member of Central Provinces.
Feminism and Nationalism in Late-Colonial India”. 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.
Imprisonment not to be awarded for offences under section 3. The Court may issue an injunction against any of the persons mentioned in Section 3, 4, 5 and 6 of this Act prohibiting such marriage.
Child Marriage Restraint Act, (Act No. XIX of ).
So the child marriage restraint act 1929 “where a minor contracts a child marriage” in section 6 l ought not to be literally interpreted as per its dictionary meaning but ought to be understood as meaning “where a child marriage” takes place or where a minor enters into a child marriage.
The list goes on with acquittals, with 98 cases still pending during August Section 7 provides that the Code of Criminal Procedure, shall apply to offences under the Act as if they were cognizable offence for the purpose of investigation. Whoever child marriage restraint act 1929, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Taka, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.