Child marriage in india, according to the indian law, is a marriage where either the woman is below age 18 or the man is below age 21. In this act, unless there is anything repugnant in the subject or context. Thus, this act was meant to strictly prohibit the marriage rather than merely restricting it. The child marriage restraint act, 1929 19 of 1929 an act to restrain the solemnisation of child marriage. No court shall 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. Pdf civic engagement in policy making process in bangladesh. Whereas it is expedient to restrain the solemnization of child marriages. The government of ontario acknowledges that children are individuals with rights to be respected and voices to be heard. Estimates vary widely between sources as to the extent and scale of child marriages. This act addressed the flaws contained in the child marriage restraint act. Child marriage restraint act 2017 to practise no restraint. Whereas it is expedient and necessary to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 act no. The government of ontario acknowledges that children are individuals with.
Poverty and low literacy are deciding factors, but evidence suggests that child marriage is practiced across all backgrounds and social divides. The act changes the legal definition of a child from being a person under the age of 14 to one under the age of 18. Short title extent and commencement 1 this act may be called the child marriage restraint act, 1929. Sexual abuse through child marriages the law in india. The national parliament of bangladesh passed the child marriage restraint act2017 bill today february 27, 2017, with a. Bangladesh child marriage law could violate girls rights. Child marriages and the law in india human rights law. Girls of any age can be married in bangladesh with new law. The special circumstances provision of the new child marriage restraint act 2017, which was passed on monday by parliament, will now technically make child marriages legal. Child marriage was recognised as a social evil though the child marriage restraint act cmra 1929, popularly known as the sharda act. At the provincial level, in 2014 the sindh assembly unanimously adopted the sindh child marriage restraint act, increasing the minimum age of marriage to 18 years and making child marriage a punishable offence. The core provisions of the prohibition of child marriage act, 2006 are as follows. Up until 2016, the child marriage restraint act 1929 was the only statute that considered child marriage to be an offence in bangladesh. The state strategy and action plan document, committed to end child marriage in rajasthan.
The legal age for marriage in india is eighteen for girls and twentyone for boys,20 on the lines of what was mentioned in the child marriage restraint act of 1929. The 1929 act was a queer piece of legislation rendering all child. Child marriage denies children their basic rights to good health, nutrition, education, and freedom from violence, abuse and exploitation. The 2017 child marriage restraint act cmra states that the legal age to get married is 18 for women and 21 for men. Ministry of law, justice and parliamentary affairs, bangladesh. Child marriages and the law in india 6 foreword ithout consulting any of the ngos currently campaigning against child marriages, the upa government has clandestinely drafted the prevention of child marriage bill 2004 which repeals the child marriage restraint act, 1929.
The recently enacted child marriage restraint act of 2017 2017 cmra replaced an older piece of legislation from the colonial era, the child marriage restraint act of 1929 1929 cmra. Under article 19, child marriage may still be allowed if its is deemed to be in the best interests of the child. Child marriage in bangladesh is governed by a series of laws. So 2017, c 14, sch 1 child, youth and family services act. Over half of girls marry before the age of 18 in bangladesh, and of those girls, 18% are younger than 15. Child marriage restraint act 2017 to practise no restraint dhaka.
The child marriage restraint act, 1929, passed on 28 september 1929, in the imperial legislative council of india, fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys. Under the child marriage restraint bill 2017, parents or guardians can get. Shc orders enforcement of law on child marriage pakistan today. The child marriage restraint act, 1929 laws of india. The minimum legal age for marriage in bangladesh is 18 years for girls and 21 for boys. Vandana abstract child marriage is a gross violation of human rights of children. This act may be called the child marriage restraint act, 1929.
This act was originally in the federal ambit, however, the subject on which this law was enacted, devolved to the provinces by virtue of 18 th amendment in the constitution, hence it was adapted, with amendments, for the province of the punjab child marriage restraint amendment act 2015 xii of 2015. The 2017 cmra sets the minimum age of marriage at 18 years for girls and 21 for boys. Whereas it is expedient to restrain the solemnisation of child marriages. Unfpaunicef global programme to accelerate action to en chil marriage executive summary trends in child marriage over the past decade, child marriage has continued to decline.
So 2017, c 14, sch 1 child, youth and family services. Shc orders enforcement of law on child marriage pakistan. Due to the social effects of child marriage on young children, especially girls, child marriage was formally abolished in 1929, with the enactment of the child marriage restraint act cmra. On monday, the child marriage restraint bill 2017 was passed in voice vote to child marriage restraint act 2017 when state minister for women and children affairs meher afroz chumki placed it. Human rights groups condemn new bangladesh child marriage law. Though it destroys the right to wholesome development of both sexes but the repercussions are more seriously detrimental. The act repeals the child marriage restraint act, 1929. The prohibition of child marriage act 2006 came into force on 1 november 2007 in india. Under the child marriage restraint act 1929 the minimum legal age of marriage is 16 years for girls and 18 years for boys. For the purposes of preventing solemnisation of mass child marriages on certain days such as akshaya trutiya, the district magistrate shall be deemed to be the child marriage prohibition officer with all powers as are conferred on a child marriage prohibition officer by or under this act. Bangladesh child marriage restraint act, 2017 act no. Mar 03, 2017 over half of girls marry before the age of 18 in bangladesh, and of those girls, 18% are younger than 15.
In october 2017, supreme court of india gave a landmark judgement criminalising sex with a child bride, hence removing an exception in indias criminal jurisprudence which had until then accorded legal protection to men who raped their minor wives. Exceptions are permitted for the marriage of an underage girl for her greatest benefit by order of the court and with the. This year 2017 a new law the child marriage restraint act of 2017 replaced the child marriage restraint ac of1929,under which the minimum age for marriage continues to be 18 for females and 21 for males. In exercise of the powers conferred by section 22 of the child marriage restraint act, 2017, the government is pleased to publish the. State strategy and action plan for prevention of child. Bangladesh parliament passes law allowing child marriage in. The prohibition of child marriage act, 2006 wikipedia. Short title and commencement1 this act may be called the child marriage restraint act, 2017. The practice of child marriage reflects deeprooted norms and unequal status of girls in society as females are often seen as financial burdens.
The government has not considered the repercussions the child marriage restraint act 2017 will have on underage girls who may now be. The national parliament of bangladesh passed the child marriage restraint act 2017 bill today february 27, 2017, with a special provision that allows a boy or a girl to get married before reaching the statutory age limit in some exceptional cases. Even then, this statute reiterates the validity of child marriage in the event the contracting minor party wishes to continue in the. It had responsibly set a legal age for girls 18 years and above and boys 21 years and above eligible for marrying. Participants and guests of the workshops have presented their opinion, experience and drawbacks of the cmr act 2017.
The act does not explicitly define what those special cases might be. Vi of 2017 an act to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 whereas it is expedient and necessary to make afresh a timebefitting law by repealing the child marriage restraint act, 1929 act no. A module has been developed by amrai pari paribarik nirjaton protirodh jote for the influencers on child marriage restraint act 2017. Bangladeshs new child marriage restraint act is an important step but it contains a provision that would allow girls below the age of 18 to be married under special circumstances. However, the child marriage restraint act 2017 includes a loophole where a court can allow child marriage in special cases. State strategy and action plan to prevent child marriage in the state and at the same time, address the needs of already married children so that the effect of child marriage can be minimised.
Mar 02, 2017 human rights groups condemn new bangladesh child marriage law. The parents and legal guardians and marriage registrars are brought under legal provisions for organizing child. That provision has the potential to violate the rights of thousands of girls. Justice and parliamentary affairs, bangladesh pdf of act in bengali pdf of act in bengali. The act has empowered the government officials and local government representatives to prevent child marriage. The newly legislated child marriage restraint act 2017 cmra of bangladesh legally permits child marriage between male below 21 and female below 18 under a special circumstances provision scp when it is deemed in the best interests of the marrying children and a court order in this regard is obtained by the parents or guardians. Civic engagement in policy making process in bangladesh.
Bangladesh parliament passes law allowing child marriage. Most child marriages involve underage women, many of whom are in poor socioeconomic conditions child marriages are prevalent in india. The national parliament of bangladesh passed the child marriage restraint act2017 bill today february 27, 2017, with a special provision that allows a boy or a girl to get married before reaching the statutory age limit in some exceptional cases. Bill further to amend the child marriage restraint act, 1929 xix of. It is popularly known as the sarda act, after its sponsor harbilas sarda. Prohibits child marriages for children under the age of 18 years old. The research was undertaken as part of the asia child marriage initiative acmi, a multicountry venture which falls under the aegis of plan internationals because i am a girl campaign. A case study of the failure to stop the child marriage restraint act of 2017. Mar 03, 2017 the newly legislated child marriage restraint act 2017 cmra of bangladesh legally permits child marriage between male below 21 and female below 18 under a special circumstances provision scp when it is deemed in the best interests of the marrying children and a court order in this regard is obtained by the parents or guardians. Most child marriages involve underage women, many of whom are in poor socioeconomic conditions. Under the child marriage restraint bill 2017, parents or guardians can get a court order to allow children to be married if it is. Globally, the proportion of young women who were married as children decreased by 15 per cent, from 1 in 4 to about 1 in 5. The main concern here is the existence of the child marriage restraint act 2017 which allows marrying off girl children below 18 under special circumstances.
It has decreased in the 30 years, but rather slowly. Another law that exists is the prohibition of child marriage act, 2006. The asia child marriage initiative, which began in 2010, aims to prevent child marriage and mitigate its. Despite legislation forbidding child marriage in india child marriage restraint act1929 and the much more progressive prohibition of child marriage act 2006 and many initiatives to prevent child marriage, marrying children off at a very tender age continues to be accepted by large sections of society. Section 19 of the child marriage restraint act 2017, which allows underage marriages to be conducted for special cases, is both frustrating and dangerous, said national human rights commission chairman kazi rezaul hoque. I 177 and if a female, has not completed eighteen years of age. The act was again amended in the year 1940 to rise the ages of male and female children. The child marriage restraint act, 2017 has been adopted by the national parliament on 27 february 2017. Factum valet or an issue for protection of human rights of women dr.
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