enerscript/MARRIAGEACT · Datasets at Hugging Face

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Act, 1872. clause shall be substituted, namely:—
"(1) the age of the man and woman
intending to be married shall not be under
twenty-one years;".
2. 1936 3 The Parsi Marriage and Divorce (a) in section 3, in sub-section (1), in
Act, 1936. clause (c), for the words "female, has not
completed eighteen years of age", the words
"female, has not completed twenty-one years
of age" shall be substituted;
(b) in Schedule II, the expression "Signatures
of the fathers or guardians of the contracting
parties under 21 years of age" shall be
omitted.
3. 1954 43 The Special Marriage Act, 1954. In section 4, in clause (c), for the words
"eighteen years", the words "twenty-one
years" shall be substituted.
4. 1955 25 The Hindu Marriage Act, 1955. (a) in section 5, in clause (iii), for the words
"eighteen years", the words "twenty-one
years" shall be substituted;
(b) in section 13, in sub-section (2), in
clause (iv), for the words "eighteen years",
the words "twenty-one years" shall be
substituted.
5. 1956 32 The Hindu Minority and (i) in section 6,—
Guardianship Act, 1956. (I) in clause (a), for the words “a boy
or an unmarried girl”, the words “a
legitimate boy or a legitimate girl” shall
be substituted;
(II) in clause (b), for the words “an
illegitimate boy or an illegitimate
unmarried girl”, the words “an
illegitimate boy or an illegitimate girl”
shall be substituted;
(III) clause (c) shall be omitted;
(ii) in section 9, sub-section (6) shall be
omitted.
6. 1956 78 The Hindu Adoptions and In sections 7 and 8, for the words “not a minor”,
Maintenance Act, 1956. the words “not below the age of twenty-one
years” shall respectively be substituted.
7. 1969 33 The Foreign Marriage Act, 1969. In section 4, in clause (c), for the words
"eighteen years", the words "twenty-one
years" shall be substituted.
3
4
STATEMENT OF OBJECTS AND REASONS
The Child Marriage Restraint Act, 1929, was replaced by the Prohibition of Child
Marriage Act, 2006, to prohibit solemnisation of child marriages, but this highly pernicious
practice is still not completely eradicated from our society. Hence, there is an urgent need
to tackle this societal issue and to bring in reforms. We cannot claim progress unless
women progress on all fronts including their physical, mental and reproductive health.
The enactments, inter alia, relating to age of marriage of parties, such as the Indian
Christian Marriage Act, 1872; the Parsi Marriage and Divorce Act, 1936; the Muslim Personal
Law (Shariat) Application Act, 1937; the Special Marriage Act, 1954; the Hindu Marriage
Act, 1955; and the Foreign Marriage Act, 1969, do not provide for uniform minimum age of
marriage for men and women.
2. The Constitution guarantees gender equality as part of the fundamental rights and
also guarantees prohibition of discrimination on the grounds of sex. The existing laws do not
adequately secure the Constitutional mandate of gender equality in marriageable age among
men and women. Women are often put to disadvantageous position in regard to higher
education, vocational instruction, attainment of psychological maturity and skill-sets, etc.
Entering into employment sphere and being part of the work force to make themselves selfdependent before girls getting married is a critical area. These disadvantages perpetuate
dependence of women on men. There are also imperatives for lowering maternal mortality
rate and infant mortality rate, as well as improvement of nutrition levels and sex ratio at birth,
as these would promote possibilities of responsible parenthood for both father and mother,
making them more capable of taking better care of their children. It is also important to bring
down the incidence of teenage pregnancies, which are not only harmful for women's overall
health but also result in more miscarriages and stillbirths. Discrimination against women also
comes in the way of achieving sustainable development goals, and goes against the principles
enunciated under the Convention on the Elimination of All Forms of Discrimination against
Women, to which India is a signatory. It is imperative to tackle gender inequality and gender
discrimination and to put in place adequate measures to secure health, welfare and
empowerment of our women and girls and to ensure status and opportunity for them at par
with men.
3. In order to address the issues of women in a holistic manner, as a measure for
empowerment of women, gender equality, increasing the female labour force participation,
make them self-reliant and to enable them to take decisions themselves, the Bill, inter alia,
proposes to—
(i) amend the Prohibition of Child Marriage Act, 2006, to reinforce its application
overriding all other existing laws, including any custom, usage or practice governing
the parties in relation to marriage;
(ii) bring women at par with men in terms of marriageable age;
(iii) prohibit child marriage irrespective of any law, custom, usage or practice
governing the parties;
(iv) declare that provisions of the Act shall have overriding effect over every
other law, custom, usage or practice governing the parties;
(v) make consequential amendments to the other laws relating to marriage;
and
(vi) make the amendments effective, in relation to marriageable age, two years
from the date the Bill receives in assent of the President, so as to provide sufficient
5
opportunity to one and all in our collective efforts and inclusive growth, and to make
effective other provisions immediately.
4. The Bill seeks to achieve the above objectives.
NEW DELHI; SMRITI ZUBIN IRANI.
The 20th December, 2021.
5
6
ANNEXURE
EXTRACTS FROM THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
(6 OF 2007)

Act, 1872. clause shall be substituted, namely:—

"(1) the age of the man and woman

intending to be married shall not be under

twenty-one years;".

2. 1936 3 The Parsi Marriage and Divorce (a) in section 3, in sub-section (1), in

Act, 1936. clause (c), for the words "female, has not

completed eighteen years of age", the words

"female, has not completed twenty-one years

of age" shall be substituted;

(b) in Schedule II, the expression "Signatures

of the fathers or guardians of the contracting

parties under 21 years of age" shall be

omitted.

3. 1954 43 The Special Marriage Act, 1954. In section 4, in clause (c), for the words

"eighteen years", the words "twenty-one

years" shall be substituted.

4. 1955 25 The Hindu Marriage Act, 1955. (a) in section 5, in clause (iii), for the words

"eighteen years", the words "twenty-one

years" shall be substituted;

(b) in section 13, in sub-section (2), in

clause (iv), for the words "eighteen years",

the words "twenty-one years" shall be

substituted.

5. 1956 32 The Hindu Minority and (i) in section 6,—

Guardianship Act, 1956. (I) in clause (a), for the words “a boy

or an unmarried girl”, the words “a

legitimate boy or a legitimate girl” shall

be substituted;

(II) in clause (b), for the words “an

illegitimate boy or an illegitimate

unmarried girl”, the words “an

illegitimate boy or an illegitimate girl”

shall be substituted;

(III) clause (c) shall be omitted;

(ii) in section 9, sub-section (6) shall be

omitted.

6. 1956 78 The Hindu Adoptions and In sections 7 and 8, for the words “not a minor”,

Maintenance Act, 1956. the words “not below the age of twenty-one

years” shall respectively be substituted.

7. 1969 33 The Foreign Marriage Act, 1969. In section 4, in clause (c), for the words

"eighteen years", the words "twenty-one

years" shall be substituted.

3

4

STATEMENT OF OBJECTS AND REASONS

The Child Marriage Restraint Act, 1929, was replaced by the Prohibition of Child

Marriage Act, 2006, to prohibit solemnisation of child marriages, but this highly pernicious

practice is still not completely eradicated from our society. Hence, there is an urgent need

to tackle this societal issue and to bring in reforms. We cannot claim progress unless

women progress on all fronts including their physical, mental and reproductive health.

The enactments, inter alia, relating to age of marriage of parties, such as the Indian

Christian Marriage Act, 1872; the Parsi Marriage and Divorce Act, 1936; the Muslim Personal

Law (Shariat) Application Act, 1937; the Special Marriage Act, 1954; the Hindu Marriage

Act, 1955; and the Foreign Marriage Act, 1969, do not provide for uniform minimum age of

marriage for men and women.

2. The Constitution guarantees gender equality as part of the fundamental rights and

also guarantees prohibition of discrimination on the grounds of sex. The existing laws do not

adequately secure the Constitutional mandate of gender equality in marriageable age among

men and women. Women are often put to disadvantageous position in regard to higher

education, vocational instruction, attainment of psychological maturity and skill-sets, etc.

Entering into employment sphere and being part of the work force to make themselves selfdependent before girls getting married is a critical area. These disadvantages perpetuate

dependence of women on men. There are also imperatives for lowering maternal mortality

rate and infant mortality rate, as well as improvement of nutrition levels and sex ratio at birth,

as these would promote possibilities of responsible parenthood for both father and mother,

making them more capable of taking better care of their children. It is also important to bring

down the incidence of teenage pregnancies, which are not only harmful for women's overall

health but also result in more miscarriages and stillbirths. Discrimination against women also

comes in the way of achieving sustainable development goals, and goes against the principles

enunciated under the Convention on the Elimination of All Forms of Discrimination against

Women, to which India is a signatory. It is imperative to tackle gender inequality and gender

discrimination and to put in place adequate measures to secure health, welfare and

empowerment of our women and girls and to ensure status and opportunity for them at par

with men.

3. In order to address the issues of women in a holistic manner, as a measure for

empowerment of women, gender equality, increasing the female labour force participation,

make them self-reliant and to enable them to take decisions themselves, the Bill, inter alia,

proposes to—

(i) amend the Prohibition of Child Marriage Act, 2006, to reinforce its application

overriding all other existing laws, including any custom, usage or practice governing

the parties in relation to marriage;

(ii) bring women at par with men in terms of marriageable age;

(iii) prohibit child marriage irrespective of any law, custom, usage or practice

governing the parties;

(iv) declare that provisions of the Act shall have overriding effect over every

other law, custom, usage or practice governing the parties;

(v) make consequential amendments to the other laws relating to marriage;

and

(vi) make the amendments effective, in relation to marriageable age, two years

from the date the Bill receives in assent of the President, so as to provide sufficient

5

opportunity to one and all in our collective efforts and inclusive growth, and to make

effective other provisions immediately.

4. The Bill seeks to achieve the above objectives.

NEW DELHI; SMRITI ZUBIN IRANI.

The 20th December, 2021.

5

6

ANNEXURE

EXTRACTS FROM THE PROHIBITION OF CHILD MARRIAGE ACT, 2006

(6 OF 2007)