Create The Prohibition of Child Marriage (Amendment) Bill, 2021

The Prohibition of Child Marriage (Amendment) Bill, 2021

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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
+5
+10
+15
+2
+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.
+5
+10
+15
+20
+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.
+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)
+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.
+7
+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.
+8
+9
+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
+------
+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)