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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It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities.

The list goes on with acquittals, with 98 cases still pending during August 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 child marriage restraint act 1929 move such frivolous petitions.

When such an application is received, the Court child marriage restraint act 1929 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.

The bill’s census report, however, shows that the law reached and affected the masses, even if the numbers are very slight. Declaring they would begin to make their own laws, free of male influence, the women’s organization brought liberal feminism to a forefront.

So the words “where a minor contracts a child marriage” in section 6 l ought not to be literally interpreted child marriage restraint act 1929 per its dictionary meaning but ought to be understood as meaning “where a child marriage” takes place or where a minor enters into a child marriage. As the law is not child marriage restraint act 1929 about the active culpability of these persons, this Act has not yielded the desired results.

It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches. 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. Thus their infamous “Dual Policy” which prevented any significant social reform in India. 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.

The Child Marriage Restraint Act, 19 of | Ministry of Women & Child Development | GoI

The Court may either of its own motion or on the application of any person aggrieved, rescind or alter any order made under sub-section 1. In this Act, unless there is 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 rstraint a female, is under eighteen years of age;] b “child marriage” means a marriage to which either of the child marriage restraint act 1929 parties child marriage restraint act 1929 a child; c “contracting party” to a marriage means either of matriage 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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Provided no woman shall be punishable with imprisonment. From Wikipedia, the free encyclopedia. Imprisonment not to be awarded for offences under section 3.

Whoever, being male above twenty one years of age contracts a child marriage shall resrraint punished with simple imprisonment which may extend to three months and shall also be liable to fine. Whoever performs, restralnt or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may msrriage to one thousand Taka, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.

Though their liability under the criminal law is that of the abetters, but it should not preclude their direct responsibility for the offence and suitable amendment should be child marriage restraint act 1929 in the Act to punish them as principal offenders.

A census was available to the public during the summer of in order to give a status report of how the bill was doing: Preliminary inquiries into offences under this Act. Retrieved 23 June Provided that no woman shall be punishable with imprisonment. Skip to main child marriage restraint act 1929 Search.

No Court shall take cognizance of any offence under this Act after the resrtaint of one year from the date on which the offence is alleged to have been committed.

The Child Marriage Restraint Act

Imprisonment not to be awarded for offences under section 3. Muslim women presented their views to the Joshi Committee in favour of raising the age limit of marriage even when they knew that they would face opposition from Muslim Ulemas. Restranit of taking cognizance of offences. Punishment for male adult below twenty one years of age marrying a child — Whoever, restrajnt a male above eighteen years resfraint age and below twenty one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.

Whereas it is expedient to restrain the solemnization of child marriages: 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 child marriage restraint act 1929 these marriages child marriage restraint act 1929 between Muslim children.

To eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in If this social evil is to be eradicated the role of such intermediaries should be brought to book with deterrent punishment. Minors are incapable retsraint entering into any valid contract child marriage restraint act 1929 marriage under the Hindu law is not a contract.

Punishment for marrying a child.

Punishment for parent or guardian concerned in a child marriage. Punishment for male adult above eighteen years of age marrying a child. Punishment for parent or guardian concerned in a child marriage child marriage restraint act 1929 1 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 cyild marriage or permits it restrainh be solemnised, or negligently fails to prevent it dhild being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

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In the two years and five months it was an active bill, there were prosecutions, of which only were successful. It came into effect six months later on April 1, and it applies to all of British India, not just to Hindus.

Punishment for solemnizing a child marriage. By using this site, you rsstraint to the Terms of Use child marriage restraint act 1929 Privacy Policy. The number of wives under the age of five had quadrupled originally the numbers were about , which then shot up toPunishment for child marriage restraint act 1929 adult msrriage twenty-one years of age or female adult above eighteen years of age marrying a child.

Although this is a victory for the women’s movement in India, the act itself was a complete failure. The all-India women’s association pressured politicians for their support in the bill, standing outside their delegations holding placards and shouting slogans such as ‘if you oppose Sarda’s bill, the world qct laugh at you’.

The penal provisions do not invalidate the fact of marriage nor do the penal provisions apply to a child marriage restraint act 1929.

Child Marriage Restraint Act

Mode of taking cognizance of offences — 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.

In the Indian social set-up a male adult can be imputed greater sense of foreseeability of the child marriage restraint act 1929 of this social evil of child marriage and in this context the punishment prescribed by the law to deter them is too mild in effect specially in this era of social justice when penology has become child marriage restraint act 1929 reformative than deterrent.

However, the Act remained a dead letter during the colonial period of British rule in India. Various bills addressing questions on the age of consent were rextraint in the Indian legislatures and defeated.

In the s, the only parties in India that continued to support the British rule were these communal groups. Notwithstanding child marriage restraint act 1929 contained in section of the Code of Criminal Procedure,no Court other than a Metropolitan Magistrate or a Judicial Magistrate of the First Class can take cognizance of, or try any offence under this Act. The Code of Criminal Procedure, 2 of shall apply to offences under this Act as if they were cognizable offences.

Definitions — In this Act, unless there is anything repugnant in the subject or context — a “Child” means a person who, if a male, child marriage restraint act 1929 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.

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