Lok Sabha Question No. 4059 (UNSTARRED), answered on 2019-01-04
Subject: Child Marriage
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: VISHNU DAYAL RAM

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO. 4059

TO BE ANSWERED ON 04.01.2019

## CHILD MARRIAGE

## 4059.   SHRI VISHNU DAYAL RAM:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether it is a fact that although child marriage is prohibited and constitute as an offence, the Hindu Marriage Act recognises it as voidable, but valid;
- (b) if so, the details thereof;
- (c)        the total number of child marriages reported across the country during the last three years and the current year and recognised as void; and
- (d) whether  the  Government  proposes  to  make  child  marriage  legal  and  if  so,  the  details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (DR. VIRENDRA KUMAR)

- (a) & (b):   Presently, as per the Prohibition of Child Marriage Act, 2006 (PCMA), any marriage where either of the contracting party is a child at the time of the marriage is voidable at the option of the contracting parties if they approach the court within two years of attaining their majority.
- (c): Prevalence  data  of  Child  Marriage  is  not  available  on  annual  basis.  This  is  collected  in Census and National Family Health Survey (NFHS), which are conducted periodically every few  years.  Data  on  the  reporting  of  child  marriage  is  available  on  annual  basis  from National Crime Records Bureau (NCRB). Due to improved awareness, these reports have increased from 2014, 2015 to 2016.  As per the National Crime Records Bureau (NCRB) data,  the  State-wise  Cases Registered (CR) under the  Prohibition  of Child Marriage Act, 2006 during 2014, 2015 and 2016 are at Annexure-I.
- (d): The Government of India proposes to amend 'The Prohibition of Child Marriage Act, 2006'. The  proposed  amendments  would  declare  child  marriage  void ab  initio instead  of  being voidable at the option of the contracting parties who were child at the time of marriage.

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Annexure -I Annexure referred  to  in  reply  to  Part  (c)  to  the  Lok  Sabha  Un-starred  Question  No.  4059  for

04.01.2019 regarding 'Child Marriage' No. of  Cases Registered (CR) under the Prohibition of Child Marriage Act, 2006 during 2014, 2015 and 2016

| Sl. No.   | State/UT          |   2014 |   2015 |   2016 |
|-----------|-------------------|--------|--------|--------|
| 1         | Andhra Pradesh    |     16 |     15 |     19 |
| 2         | Arunachal Pradesh |      0 |      0 |      0 |
| 3         | Assam             |      4 |     14 |     23 |
| 4         | Bihar             |     10 |      0 |      0 |
| 5         | Chhattisgarh      |      2 |      6 |      8 |
| 6         | Goa               |      0 |      0 |      0 |
| 7         | Gujarat           |     16 |      9 |     12 |
| 8         | Haryana           |     15 |     14 |     14 |
| 9         | Himachal Pradesh  |      4 |      1 |      0 |
| 10        | Jammu & Kashmir   |      0 |      0 |      0 |
| 11        | Jharkhand         |      1 |      1 |      4 |
| 12        | Karnataka         |     44 |     35 |     51 |
| 13        | Kerala            |     19 |     13 |      8 |
| 14        | Madhya Pradesh    |     15 |      9 |      9 |
| 15        | Maharashtra       |     14 |     24 |     16 |
| 16        | Manipur           |      0 |      0 |      0 |
| 17        | Meghalaya         |      0 |      0 |      0 |
| 18        | Mizoram           |      0 |      0 |      0 |
| 19        | Nagaland          |      0 |      0 |      0 |
| 20        | Odisha            |      0 |      1 |     15 |
| 21        | Punjab            |      2 |      5 |      8 |
| 22        | Rajasthan         |      5 |      6 |     12 |
| 23        | Sikkim            |      0 |      0 |      0 |
| 24        | Tamil Nadu        |     47 |     77 |     55 |
| 25        | Telangana         |     13 |     15 |     19 |
| 26        | Tripura           |      1 |      2 |      1 |
| 27        | Uttar Pradesh     |     10 |      4 |      3 |
| 28        | Uttarakhand       |      0 |      1 |      1 |
| 29        | West Bengal       |     37 |     40 |     41 |
| 30        | A & N Islands     |      0 |      1 |      1 |
| 31        | Chandigarh        |      0 |      0 |      0 |
| 32        | D & N Haveli      |      0 |      0 |      0 |
| 33        | Daman & Diu       |      0 |      0 |      0 |
| 34        | Delhi             |      2 |      0 |      1 |
| 35        | Lakshadweep       |      0 |      0 |      0 |
| 36        | Puducherry        |      3 |      0 |      5 |
|           | Total             |    280 |    293 |    326 |

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