Prohibition of child marriage act 2006
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  • 1. PROHIBITION OF CHILD MARRIAGE ACT 2006 GIST OF ACT APPLICABILITY- ALL CITIZENS OF INDIA IRRESPECTIVE OF RELIGION[NOT APPLICABLE TO Z&K]  AGE MUST BE AT LEAST 21 FOR BOYS AND 18 FOR GIRLS.  THE PROVISIONS OF THIS LAW CAN BE CLASSIFIED INTO THREE BROAD CATEGORIES:  A. PREVENTION  B. PROTECTION  C. PROSECUTION OF OFFENDERS  PREVENTION  THE SOLEMNIZATION OF CHILD MARRIAGES IS MADE COGNIZABLE AND NON-BAILABLE OFFENCE.  CHILD MARRIAGE PROHIBITION OFFICERS (CMPOS) ARE TO BE APPOINTED IN EVERY STATE TO PREVENT CHILD MARRIAGES.  THEY ENSURE PROTECTION OF THE VICTIMS AS WELL AS PROSECUTION OF THE OFFENDERS  THE COURTS HAVE THE POWER TO ISSUE INJUNCTION FOR PROHIBITING CHILD MARRIAGES FROM TAKING PLACE.
  • 2. PROHIBITION OF CHILD MARRIAGE ACT 2006  CHILD MARRIAGES WILL BE DECLARED NULL AND VOID IF THE INJUNCTION PROHIBITING A CHILD MARRIAGE FROM TAKING PLACE IS VIOLATED/CONTRAVENED.  CHILD MARRIAGE WILL BE VOID IF THE CHILD IS TAKEN AWAY FROM THEIR LAWFUL GUARDIAN BY ENTICEMENT, FORCE OR USE OF DECEITFUL MEANS OR, IS SOLD OR TRAFFICKED FOR THE PURPOSE OF MARRIAGE.[REMEMBER-EARLIER WITH FACTUM VALET –VALID-NOW VOID]  THE CMPO AND DISTRICT COLLECTOR ARE RESPONSIBLE FOR SENSITIZATION AND AWARENESS CREATION IN THE COMMUNITY. PROTECTION THE LAW MAKES CHILD MARRIAGES VOIDABLE BY GIVING CHOICE TO THE CHILDREN IN THE MARRIAGE TO SEEK ANNULMENT OF MARRIAGE. IT PROVIDES FOR MAINTENANCE AND RESIDENCE OF THE FEMALE CONTRACTING PARTY. IT GIVES A LEGAL STATUS TO ALL CHILDREN BORN FROM CHILD MARRIAGES AND MAKES PROVISIONS FOR THEIR CUSTODY AND MAINTENANCE.    
  • 3. PROHIBITION OF CHILD MARRIAGE ACT 2006      CMPO PRODUCE CHILDREN IN NEED OF CARE AND PROTECTION BEFORE THE CHILD WELFARE COMMITTEE [IF ANY] OR A FIRST CLASS JUDICIAL MAGISTRATE. PROSECUTION OF OFFENDERS THE LAW PROVIDES FOR PUNISHMENT FOR AN ADULT MALE ABOVE 18 YEARS OF AGE MARRYING A CHILD. [MAJOR] IT ALSO LAYS DOWN PUNISHMENT FOR THOSE PERFORMING/CONDUCTING/ ABETTING A CHILD MARRIAGE. IT PRESCRIBES PUNISHMENT TO PARENTS, GUARDIANS OR ANY OTHER PERSON/ASSOCIATION/ORGANIZATION INVOLVED THERE.
  • 4. PROHIBITION OF CHILD MARRIAGE ACT 2006     MECHANISMS UNDER THE LAW-AUTHOROTY CONCERNED HERE CMPO/DISTRICT MAGISTRATE/FIRST CLASS JUDICIAL MAGISTRATE OR METROPOLITAN MAGISTRATE/ POLICE/ FAMILY COURTS/ANY PERSON(S) LIKE RESPECTABLE MEMBER OF THE LOCALITY WITH A RECORD OF SOCIAL SERVICE, OFFICER OF THE GRAM PANCHAYAT /MUNICIPALITY/GOVERNMENT OR PUBLIC SECTOR UNDERTAKING, OFFICE BEARER OF ANY NGO REPORTING CHILD MARRIAGES ANY PERSON CAN REPORT AN INCIDENCE OF CHILD MARRIAGE BEFORE ORAFTER IT HAS BEEN SOLEMNIZED. AN IMMEDIATE REPORT NEEDS TO BEMADE TO: THE POLICE/ CMPO/ FIRST CLASS JUDICIAL MAGISTRATE OR METROPOLITAN MAGISTRATE/ CHILD WELFARE COMMITTEE OR A MEMBER OF THE CHILD WELFARE/COMMITTEE SET UP UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 AS AMENDED IN 2006/ CHILD LINE/DISTRICT MAGISTRATE
  • 5. PROHIBITION OF CHILD MARRIAGE ACT 2006  COMPLAINT CAN ALSO BE MADE BY ANY PERSON  A COMPLAINT HAS TO BE MADE IN THE NEAREST POLICE STATION. POLICE OFFICER SHOULD REGISTER AN FIR BASED ON SUCH COMPLAINT.  A COMPLAINT CAN ALSO BE FILED WITH A JUDICIAL MAGISTRATE OF FIRST CLASS OR A METROPOLITAN MAGISTRATE.  COMPLAINTS CAN BE EITHER ORAL OR WRITTEN.
  • 6. PROHIBITION OF CHILD MARRIAGE ACT 2006        A QUICK RECAP OF IMPORTANT PROVISIONS CHILD MARRIAGE – COGNIZABLE OFFENCE & NON BAILABLE[RI FOR 2 YRS OR 1 LAC OR BOTH COURTS CAN ISSUE INJUNCTIONS PROHIBITING SOLEMNIZATIONS OF CHILD MARRIAGES. PERSONS WHO CAN BE PUNISHED UNDER THE LAW INCLUDE • WHOEVER PERFORMS, CONDUCTS OR DIRECTS OR ABETS ANY CHILD MARRIAGE[FRIEND, NEIGHBOURS, MEDIATORS, TRAFFICKERS,CATERING AND OTHER SERVICE PROVIDER. • A MALE ADULT ABOVE 18 YEARS MARRYING A CHILD ANY PERSON HAVING CHARGE OF THE CHILD, INCLUDING – PARENT OR GUARDIAN ANY MEMBER OF ORGANISATION OR ASSOCIATION, PROMOTING,PERMITTING, PARTICIPATING IN A CHILD MARRIAGE OR FAILING TO PREVENT IT.
  • 7. PROHIBITION OF CHILD MARRIAGE ACT 2006          CHILD MARRIAGES ARE VOIDABLE AND CAN BE ANNULLED. THE ANNULMENT OF CHILD MARRIAGE[ONLY BY PARTIES TO MARRIAGE] CAN BE SOUGHT WITHIN A PERIOD OF 2 YEARS AFTER THE CHILD WHO WAS A PARTY TO THE MARRIAGE HAS ATTAINED MAJORITY . PETITIONER REMAINS MINOR EVEN AFTER 2 YEARS OF MARRIAGEGUARDIAN OR THE NEXT BEST FRIEND THE DISTRICT COURT INCLUDING FAMILY COURT AND COURT OF PRINCIPLE JURISDICTION CAN GRANT DECREE. UNDER CERTAIN CIRCUMSTANCES, CHILD MARRIAGES CAN BE DECLARED NULL AND VOID BY THE COURTS. THESE INCLUDE: WHERE A MARRIAGE HAS BEEN SOLEMNIZED DESPITE AN INJUNCTIONORDER. WHERE THE CHILD IS TAKEN AWAY FROM THEIR LAWFUL GUARDIAN BY ENTICEMENT, FORCE ETC WHEN THE CHILD IS SOLD OR TRAFFICKED FOR PURPOSE OF MARRIAGE.
  • 8. PROHIBITION OF CHILD MARRIAGE ACT 2006    MAINTENANCE AND CUSTODY THE CMPO IS EMPOWERED TO PROVIDE SUPPORT AND ALL POSSIBLE AID INCLUDING MEDICAL AND LEGAL AID TO CHILDREN AFFECTED BY CHILD MARRIAGE. THE ADULT HUSBAND MUST PAY MAINTENANCE TO THE MINOR GIRL UNTIL HER RE-MARRIAGE.  IN CASE THE HUSBAND IS A MINOR AT THE TIME OF MARRIAGE, HIS GUARDIAN WILL PAY MAINTENANCE.  CHILDREN BORN FROM A CHILD MARRIAGE ARE ENTITLED TO CUSTODY AND MAINTENANCE BEING LEGITIMATE.