What is Prohibition of Child Marriage Act, 2006 (PCMA)?
Historical Background
Key Points
9 points- 1.
Defines a 'child' as a male below 21 years and a female below 18 years of age for marriage purposes.
- 2.
Declares child marriages as voidable at the option of the child who was a party to the marriage, within two years of attaining majority.
- 3.
Provides for the appointment of a Child Marriage Prohibition Officer (CMPO) in each district to prevent child marriages, collect evidence, and prosecute offenders.
- 4.
Imposes strict penalties for solemnizing, promoting, or participating in child marriages, including imprisonment up to two years or a fine up to Rs. 1 lakh, or both.
- 5.
Makes child marriage cognizable and non-bailable offense.
- 6.
Allows for the issuance of injunctions to prevent child marriages from taking place.
- 7.
Provides for the maintenance of the female contracting party to a child marriage.
- 8.
Does not apply to the State of Jammu and Kashmir (now Union Territory of J&K and Ladakh) at the time of its enactment, but now applicable post J&K Reorganisation Act, 2019.
- 9.
The Act overrides personal laws in cases of conflict regarding the age of marriage.
Visual Insights
Evolution of Child Marriage Legislation in India
This timeline traces the key legislative milestones in India's efforts to combat child marriage, from early attempts to the current comprehensive law and proposed amendments.
India's legislative journey against child marriage reflects a gradual strengthening of legal provisions, moving from a deterrent approach to a more comprehensive framework aimed at prevention, protection, and punishment. The ongoing debates signify a continued evolution towards gender equality and empowerment.
- 1929Child Marriage Restraint Act (Sarda Act) enacted. Set minimum age for marriage at 14 for girls and 18 for boys. Weak penalties, no provision to void marriages.
- 2006Prohibition of Child Marriage Act (PCMA) enacted. Replaced Sarda Act. Raised minimum age to 18 for females, 21 for males. Declared child marriages voidable, made it a cognizable and non-bailable offense, provided for CMPOs and stricter penalties.
- 2019Jammu & Kashmir Reorganisation Act, 2019. PCMA, 2006 extended to the Union Territories of J&K and Ladakh, ensuring uniform application across India.
- 2021Bill introduced to amend PCMA, 2006. Proposed to raise the minimum age of marriage for women from 18 to 21 years, aligning it with men's age. Based on Jaya Jaitly Committee recommendations.
- 2025Current Status: The proposed amendment bill is under parliamentary review and public debate, with discussions ongoing regarding its potential impact and implementation challenges.
Recent Developments
3 developmentsA Bill was introduced in 2021 to amend the PCMA, proposing to raise the minimum age of marriage for women from 18 to 21 years, bringing it on par with men.
The proposed amendment is based on the recommendations of the Jaya Jaitly Committee, which emphasized gender equality and women's empowerment.
Debates around the proposed amendment include concerns about its potential impact on personal laws and the effectiveness of legal age changes without addressing underlying socio-economic factors.