The Prohibition of Child Marriage (Amendment) Bill, 2021.txt

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THE PROHIBITION OF CHILD MARRIAGE
(AMENDMENT) BILL, 2021
A
BILL
further to amend the Prohibition of Child Marriage Act, 2006.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as
follows:—
1. (1) This Act may be called the Prohibition of Child Marriage (Amendment)
Act, 2021.
(2) This section and section 2, clause (ii) of section 3, section 5 and the amendment to
the enactment mentioned against serial number 5 of the Schedule shall come into force on the
date this Act receives the assent of the President; and the other provisions shall come into
force on the date of completion of two years from the date of assent and any reference in any
such provision to the commencement of this Act shall be construed as a reference to the
coming into force of that provision.
2. In section 1 of the Prohibition of Child Marriage Act, 2006 (hereinafter referred to as
the principal Act), in sub-section (2), after the words “citizens of India without and
beyond India”, the words, figures and brackets “notwithstanding anything contrary
or inconsistent therewith contained in the Indian Christian Marriage Act, 1872; the Parsi
Marriage and Divorce Act, 1936; the Muslim Personal Law (Shariat) Application Act, 1937;
Short title and
commencement.
6 of 2007. Amendment
of section 1.
15 of 1872.
3 of 1936.
26 of 1937.
AS INTRODUCED IN LOK SABHA
Bill No. 163 of 2021
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the Special Marriage Act, 1954; the Hindu Marriage Act, 1955; and the Foreign Marriage
Act, 1969, or any other custom or usage or practice in relation to marriage, under any other
law for the time being in force” shall be inserted.
3. In section 2 of the principal Act,—
(i) for clause (a), the following clause shall be substituted, namely:—
‘(a) “child” means a male or female who has not completed twenty-one
years of age;’;
(ii) in clause (b), after the words “is a child”, the words “notwithstanding anything
to the contrary or inconsistent therewith contained in any other law for the time being
in force, including any custom or usage or practice governing the parties” shall be
inserted.
4. In section 3 of the principal Act, in sub-section (3), for the words "two years", the
words "five years" shall be substituted.
5. After section 14 of the principal Act, the following section shall be inserted,
namely:—
“14A. The provisions of this Act shall have effect, notwithstanding anything
contrary or inconsistent therewith contained in any other law for the time being in
force, including any custom or usage or practice governing the parties.”.
6. The enactments specified in the Schedule shall be amended in the manner mentioned
therein.
43 of 1954.
25 of 1955.
33 of 1969.
Amendment
of section 2.
Amendment
of section 3.
Insertion of
new section
14A.
Act to have
overriding
effect.
Amendments
of certain
enactments.
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THE SCHEDULE
(See section 6)
Sl. No. Year Act No. Short title Amendments
(1) (2) (3) (4) (5)
1. 1872 15 The Indian Christian Marriage In section 60, for clause (1), the following
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.
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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
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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.
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ANNEXURE
EXTRACTS FROM THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
(6 OF 2007)
1. (1) * * * * *
(2) It extends to the whole of India except the State of Jammu and Kashmir; and it
applies also to all citizens of India without and beyond India:
Provided that nothing contained in this Act shall apply to the Renoncants of the
Union territory of Pondicherry.
* * * * *
2. In this Act, unless the context otherwise requires,—
(a) ‘‘child’’ means a person who, if a male, has not completed twenty-one years
of age, and if a female, has not completed eighteen years of age;
(b) "child marriage" means a marriage to which either of the contracting parties
is a child;
* * * * *
————
EXTRACT FROM THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
(15 OF 1872)
* * * * *
PART VI
MARRIAGE OF INDIAN CHRISTIANS
60. Every marriage between Indian Christians applying for a certificate, shall, without
the preliminary notice required under Part III, be certified under this Part, if the following
conditions be fulfilled, and not otherwise:—
 (1) the age of the man intending to be a married shall not be under twenty-one years,
and the age of the woman intending to be married shall not be under eighteen years;
* * * * *
————
EXTRACTS FROM THE PARSI MARRIAGE AND DIVORCE ACT, 1936
(3 OF 1936)
* * * * *
II.—MARRIAGES BETWEEN PARSIS
3. (1) No marriage shall be valid if—
* * * * *
(c) in the case of any Parsi (whether such Parsi has changed his or her religion or
domicile or not) who, if a male, has not completed twenty-one years of age, and if a
female, has not completed eighteen years of age.
* * * * *
Short title,
extent and
commencement.
On what
conditions
marriages of
Indian
Christians
may be
certified.
Definitions.
Requisites to
validity of
Parsi
marriages.
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SCHEDULE II
(See section 6)
Certificate of Marriage
Date and Place of Marriage
Names of the husband and wife.
Condition at the time of marriage.
Rank or profession.
Age.
Residence.
Names of the fathers or guardians.
Rank or profession.
Signature of the officiating priest.
Signatures of the contracting parties.
Signatures of the fathers or guardians
of the contracting parties under 21 years
of age.
Signatures of Witnesses.
————
EXTRACT FROM THE SPECIAL MARRIAGE ACT, 1954
(43 OF 1954)
* * * * *
CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES
4. Notwithstanding anything contained in any other law for the time being in force
relating to the solemnization of marriages, a marriage between any two persons may be
solemnized under this Act, if at the time of the marriage the following conditions are fulfilled,
namely:—
* * * * *
(c) the male has completed the age of twenty-one years and the female, the age
of eighteen years;
* * * * *
————
EXTRACTS FROM THE HINDU MARRIAGE ACT, 1955
(25 OF 1955)
* * * * *
HINDU MARRIAGES
5. A marriage may be solemnized between any two Hindus, if the following conditions
are fulfilled, namely:—
* * * * *
(iii) the bridegroom has completed the age of twenty-one years and the bride,
the age of eighteen years at the time of the marriage;
* * * * *
Conditions
relating to
solemnization
of special
marriages.
Conditions for
a Hindu
marriage.
Divorce.
Natural
guardians of a
Hindu minor.
13. (1) * * * * *
(2) A wife may also present a petition for the dissolution of her marriage by a decree of
divorce on the ground,—
* * * * *
(iv) that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after attaining
that age but before attaining the age of eighteen years.
* * * * *
————
EXTRACTS FROM THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956
(32 OF 1956)
* * * * *
6. The natural guardians of a Hindu minor; in respect of the minor's person as well as
in respect of the minor's property (excluding his or her undivided interest in joint family
property), are—
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother:
Provided that the custody of a minor who has not completed the age of
five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother,
and after her, the father;
(c) in the case of a married girl—the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under
the provisions of this section—
(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit
(vanaprastha) or an ascetic (yati or sanyasi).
Explanation.—In this section, the expressions "father" and "mother" do not include
a step-father and a step-mother.
* * * * *
9. (1) * * * * *
(6) The right of the guardian so appointed by will shall, where the minor is a girl, cease
on her marriage.
* * * * *
————
EXTRACTS FROM THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
(78 OF 1956)
* * * * *
7. Any male Hindu who is of sound mind and is not a minor has the capacity to takes
on or a daughter in adoption:
Provided that, if he has a wife living, he shall not adopt except with the consent of his
wife unless the wife has completely and finally renounced the world or has ceased to be a
Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
Testamentary
guardians and
their powers.
Capacity of a
male Hindu to
take in
adoption.
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Capacity of a
female Hindu
to take in
adoption.
Conditions
relating to
solemnization
of foreign
marriages.
Explanation.—If a person has more than one wife living at the time of adoption, the
consent of all the wives is necessary unless the consent of any one of them is unnecessary
for any of the reasons specified in the preceding proviso.
8. Any female Hindu who is of sound mind and is not a minor has the capacity to take
a son or daughter in adoption:
Provided that, if she has a husband living, she shall not adopt a son or daughter except
with the consent of her husband unless the husband has completely and finally renounced
the world or has ceased to be a Hindu or has been declared by a court of competent
jurisdiction to be of unsound mind.
* * * * *
————
EXTRACT FROM THE FOREIGN MARRIAGE ACT, 1969
(33 OF 1969)
* * * * *
CHAPTER II
SOLEMNIZATION OF FOREIGN MARRIAGES
4. A marriage between parties one of whom at least is a citizen of India may be
solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time
of the marriage, the following conditions are fulfilled, namely:—
* * * * *
(c) the bridegroom has completed the age of twenty-one years and the bride the
age of eighteen years at the time of the marriage, and
* * * * *
MGIPMRND—1653LS(S3)—20-12-2021.
LOK SABHA
————
A
BILL
further to amend the Prohibition of Child Marriage Act, 2006.
————
(Smt. Smriti Zubin Irani, Minister of Women and Child Development)
LOK SABHA
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CORRIGENDA
to
 THE PROHIBITION OF CHILD MARRIAGE (AMENDMENT) BILL, 2021
[To be/As introduced in Lok Sabha]
Sl.
No.
Page
No.
Line(s) No. For Read
1. 4 13 the grounds of the ground of
2. 4 line 1 from the
bottom
receives in assent receives assent

NEW DELHI;
December 21, 2021
Agrahayana 30, 1943 (Saka)