CHILD MARRIAGE RESTRAINT ACT 1929 DOWNLOAD

(1) This Act may be called the Child Marriage Restraint Act, (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh wherever. The Child Marriage Restraint Act, (19 of ). An Act to restrain the solemnisation of child marriage. Section 1: Short title extent and commencement Section Heading. 1. Short title, extent and commencement. 2. Definitions. 3. [ Omitted]. 4. Punishment for marrying a child. 5. Punishment for solemnizing a child.

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Although this is a victory for the women’s movement in India, the act itself was a complete failure. Whoever performs, conducts or directs any child marriage shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine, unless he 199 that child marriage restraint act 1929 had reasons to believe that the marriage was not a child marriage section 5.

A minor’s marriage without the consent of the guardian can be held to be valid on the application of the doctrine of factum valet. It is popularly known as the Child marriage restraint act 1929 Actafter its sponsor Harbilas Sarda. Short title, extent and commencement.

They played a major role in the development of argument and actively used the device of political petition and in the process contributed in the field of politics. The Child Marriage Restraint Child marriage restraint act 1929 was the first social reform issue which was taken up by the organized women in India.

Jurisdiction under this Act – Notwithstanding anything contained in Section of the Code of Criminal Procedure, 2 ofno Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall take cognizance of, or try, any offence under this Act.

A marriage under the Hindu Law by a minor male is valid even though the marriage was not brought about on his behalf by the child marriage restraint act 1929 or lawful guardian.

It is hereby enacted as follows: It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches.

Punishment for marrying a child. The object is to eliminate the special evil which had the potentialities of dangers to the life and health of a female child, who could not withstand the stress and strains of married life and to avoid early deaths of such minor mothers. Whoever, being a male above twenty-one years of age, or being a female above eighteen years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Taka, or with both.

No doubt frivolous petitions by interested persons may sometimes result in dislocation of arrangements in genuine cases and such victims may also face social humiliation but this can be safeguarded by making deterrent provisions in the Act for those who move such frivolous petitions.

Short title, extent and commencement. Consummation of “Gauna” is not part of marriage ceremony. This requirement of the law may defeat the purpose of social justice where child marriage restraint act 1929 is imperative need of judicial intervention to save the welfare and interest of the child. Whereas it is expedient to restrain the solemnization of child marriages: In this Act, unless there child marriage restraint act 1929 anything repugnant in the subject or context,- 2 [ a “child” means a person who, if a male, is under twenty-one years of age, and if a female, child marriage restraint act 1929 under eighteen years of age;] b “child marriage” means a marriage to which either of the contracting parties is a child; c “contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnized; and 3 [ d “minor” means a person who, if a male, is under twenty-one years of age, and if a female, is under eighteen years of age.

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Out of the child marriage restraint act 1929 prosecutions, only 17 or so did either all of or part of their sentence. Further this Act does not take into account the performance of preparatory ceremonies of such a marriage like engagements etc.

Child Marriage Restraint Act

Cognizance of offence child marriage restraint act 1929 trial. No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed. Muslim women presented their views to the Joshi Committee in favour of raising the age limit of marriage even maeriage they knew that they would face opposition from Muslim Ulemas.

Economic sct Political Weekly. Mode of taking cognizance of offences. Power to take security from complainant.

Punishment for solemnising a child marriage — 1 Whoever retsraint, conducts or marriaeg any child marriage shall be child marriage restraint act 1929 with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child-marriage.

Victory for the bill can be credited to the women’s association, who presented the act as a means for India to demonstrate its commitment to modernity. Feminism and Nationalism in Late-Colonial India”.

Injunction — Section 12 empowers the Magistrate to issue injunction prohibiting marriage in contravention of this Act. Child marriage restraint act 1929 the two years and five months it was an active bill, there were prosecutions, of which only were successful.

In his autobiographyNehru elucidates that this was largely due to the fact that the British did not want to earn the displeasure of the communal elements among the Hindus and Muslims. Punishment for male adult above eighteen years of age marrying a child.

Definitions — In this Act, unless there is anything repugnant in the subject or context — a “Child” means a person who, if a male, has not completed twenty one year 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 ; c “Contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnised and d “Minor” means a person of either sex who is under eighteen years of age.

This page was last edited on 4 Mayat Though these numbers are startling, during the six months between when it was passed and when it became an active bill, it’s suggested that only about three million girls and two million boys were forced into a child marriage; the largest percent of these marriages child marriage restraint act 1929 between Muslim children.

Various bills addressing questions on the age of consent were introduced in the Indian legislatures and defeated. Limitation — No Court can child marriage restraint act 1929 cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.

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Provided child marriage restraint act 1929 no woman shall be punishable with imprisonment.

Under child marriage restraint act 1929 section, it is presumed that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised. Views Read Edit View history. When such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

Declaring they would begin to make their own laws, free of male influence, the women’s organization brought liberal feminism to a forefront.

To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in From Child marriage restraint act 1929, the free encyclopedia.

The Child Marriage Restraint Act

The Court taking cognizance of an offence under this Act shall, unless it dismisses the complaint under section of the Code of Criminal Procedure, either itself make an inquiry under section of that Code, or direct a Magistrate of the first class subordinate to it to make such inquiry.

The minority of an individual can operate as a bar to his or her incurring contractual obligations, but it cannot be an impediment in the matter of performing a necessary “Sanskara”. Retrieved 18 Child marriage restraint act 1929 Section 6 provides child marriage restraint act 1929 where a minor contracts a child marriage any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine.

Some provision should be made in this Act to prevent and punish such actions also if they culminate in child marriage. Whoever performs, conducts or directs any child marriage restraint act 1929 marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Taka, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.

Power to issue injunction prohibiting marriage in contravention of this Act — 1 Notwithstanding anything to the contrary contained in this Act the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.

The bill’s census report, however, shows that the law reached and affected the masses, child marriage restraint act 1929 if the numbers are very slight. Punishment for parent or guardian concerned in a child marriage.