(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.
|Published (Last):||2 May 2014|
|PDF File Size:||10.37 Mb|
|ePub File Size:||20.78 Mb|
|Price:||Free* [*Free Regsitration Required]|
Whereas it is marriaeg child marriage restraint act 1929 restrain the solemnization of child marriages: It came into effect six months later on April 1, and it applies to all child marriage restraint act 1929 British India, not just to Hindus.
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 offence under this Act.
Imprisonment not to be awarded for offences under section 3. Imprisonment not to be awarded for offence under section 3.
Notwithstanding anything contained in section 25 of the General Clauses Act. An Autobiography Tenth ed.
Section 6 provides that 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 mariage solemnised, shall be punished with simple imprisonment mrariage may extend to three months and shall also be liable to fine. Thus their infamous “Dual Child marriage restraint act 1929 which prevented any significant social reform in India.
The British government child marriage restraint act 1929 not wish to lose their support, hence they completely avoided implementing this and similar social reforms, instead focusing their attention on preventing the Indian freedom movement. It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches.
Child Marriage Restraint Act
Jurisdiction under this Act. Feminism and Nationalism in Late-Colonial India”. Preliminary redtraint into offences under this Act. It extends to the whole of India except the State of Jammu and Kashmir and it applies also to marriqge citizens of India within and beyond India.
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 child marriage restraint act 1929, or try, any offence under this Act.
Provided no woman shall be punishable with imprisonment. It is popularly known as the Sarda Actafter its sponsor Harbilas Sarda. 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 XII of To eradicate the evil of child marriage, the Child Marriage Child marriage restraint act 1929 Act was passed in It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities.
Child Marriage Restraint Act, (Act No. XIX of ).
The number of wives under the age of five had quadrupled originally the numbers were about , which then shot up toProvided that no woman shall be punishable with imprisonment. Preliminary inquiries into offences under this Act. Punishment for parent or guardian concerned in atc child marriage.
Punishment for male adult above twenty-one years of age or female adult above eighteen years of age marrying a child. 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 child marriage restraint act 1929 fails to prevent it from child marriage restraint act 1929 solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.
From Wikipedia, the free encyclopedia. Whoever, being male above twenty one years of age contracts a child marriage shall be punished with simple imprisonment which may extend to three months and shall also be liable to avt.
The imposition of fine only lacks the child marriage restraint act 1929 effect which is needed most in such cases. Mode of taking cognizance of offence.
The majority of cases were in Punjab and the United Provinces. The Code of Criminal Procedure, 2 of shall marrisge to offences under this Act as if they were cognizable offences. Mode of taking cognizance of offences — No Court shall take cognizance of any offence under this Mariage after the expiry of one child marriage restraint act 1929 from the date reztraint which the offence is alleged to have been committed.
Retrieved 18 May 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 punished with simple imprisonment, which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
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.
destraint The Court may issue an injunction against any of the persons mentioned in Section 3, 4, 5 and 6 of child marriage restraint act 1929 Act prohibiting such marriage.
Child Marriage Restraint Act | , India |
resttraint Some provision should be made in this Act to prevent and punish such actions also if they culminate in child marriage. Economic and Political Weekly. Minors are incapable of entering into any valid contract and marriage under the Hindu law is not a contract.
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. The Court taking cognizance of an offence under this Act shall, unless it dismisses the complaint under section of the Code of Criminal Procedure, either itself make an inquiry under section of child marriage restraint act 1929 Code, child marriage restraint act 1929 direct a Magistrate of the first class subordinate to it to make such inquiry.
In his autobiographyAact 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. No doubt frivolous petitions by interested persons may sometimes result in dislocation of arrangements in genuine cases and such victims may also face social humiliation chilc this can be safeguarded by making deterrent provisions in the Act for those who move such frivolous petitions.
Though their liability under the criminal law is that of the abetters, but it should not preclude their direct responsibility for the offence and suitable amendment should be made in the Act to punish them as principal offenders.