Prohibition of Child Marriage Act

The Prohibition of Child Marriage Act has been made effective from November 2007. The success of the Act shall become known after the publication of 2011 Census results. The implementation of the Prohibition of Child Marriage Act lies with the State Governments.

The Government has written to State Governments of Andhra Pradesh, Bihar, Chhatisgarh, Gujarat, Haryana, Jharkhand, Madhya Pradesh, Orissa, Rajasthan, West Bengal, Sikkim, Assam, Arunachal Pradesh, Karnataka, Maharashtra, Tripura and Uttar Pradesh to appoint Prohibition Officer under the Act, frames rules and to take all possible steps to prevent Child Marriage, particularly, on the occasion of ‘Akha Teej’ (Akshya Tritiya’).

Besides, the State Governments were also asked to undertake publicity in advance to create awareness, be vigilant and take proactive measures to stop child marriage.

Workshops, seminars and legal awareness camps are organized in various States to spread awareness and bring attitudinal changes to prevent child marriage.

Child Marriages are a social phenomenon which cannot be tackled by legislative interventions alone. Compulsory registration may not provide the remedy for restraining the child marriages. This would primarily require change in mind set of the society.

Simultaneously, there is need for stepping up awareness and advocacy, focusing on the evil effects of this practice.

Currently under the Prohibition of Child Marriage Act(PCMA), marriage involving minors has not been declared invalid. The penalties are provided only for those who promote its solemnization.

There is no proposal to amend the Act. To address this issue Government has asked the State Governments to frame Rules under the Act and appoint Child Marriage Prohibition Officers. Further, the Government in the Ministry of Women & Child Development has written to seventeen States where the percentage of child marriage is high to take all possible steps to prevent Child Marriage.

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Haider Ajaz

(Lawyers Club India)