Child Marriage Restraint Act 1929, Objectives, Provisions, Amendments

The Child Marriage Restraint Act 1929, popularly referred as Sarda Act 1929, was enacted to curb the widespread social practice of child marriage in India. The Act aimed to discourage early marriages by prescribing punishments for adults involved in arranging or solemnizing such marriages. It represented one of the earliest legislative efforts to address social reform through law. The Act did not invalidate child marriages but sought gradual social change through penal deterrence.

Child Marriage Restraint Act 1929

The Child Marriage Restraint Act 1929 came into force on April 1st 1930. It is applied to the citizens of India who are even outside the nation. Although the act was not applicable in the region of Jammu and Kashmir. But after the replacement of this act with the Prohibition of Child Marriage Act 2006 (PCMA), prohibition of child marriage is now fully applied to Jammu and Kashmir after the abrogation of Article 370 in 2019. The act was guided by the recommendations of the Joshi Committee.

Child Marriage Restraint Act 1929 Objectives

The Child Marriage Restraint Act 1929 sought to discourage early marriages through legal restraint and criminal liability. The key objectives of the act has been listed below:

• Prevent solemnization of marriages involving children
• Protect minors from social and health harms
• Create deterrence through penal provisions
• Promote gradual social reform
• Regulate conduct of adults and guardians

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Child Marriage Restraint Act 1929 Provisions

The Child Marriage Restraint Act 1929 lays down definitions, punishments, procedures, and enforcement mechanisms to restrain child marriages. The major provisions of the act are highlighted below:

• Definitions

1. 1. • Child: Male below 21 years, female below 18 years
      • Child marriage: Marriage where either party is a child
      • Contracting party: Either individual entering marriage
      • Minor: Any person below 18 years

• Punishment for Male Below 21 Years

1. 1. • Applies to males above 18 and below 21 marrying a child
      • Imprisonment up to 15 days
      • Fine up to ₹1,000
      • Court may impose imprisonment, fine, or both

• Punishment for Male Above 21 Years

1. 1. • Imprisonment up to three months
      • Mandatory fine in addition to imprisonment
      • Higher penalty reflects greater responsibility

• Punishment for Solemnizing Child Marriage

1. 1. • Applies to priests, marriage conductors, or facilitators
      • Imprisonment up to three months with/ without fine
      • Defence available if lack of knowledge is proved

• Liability of Parents and Guardians

1. 1. • Parents or guardians responsible for allowing marriage
      • Presumption of negligence unless proven otherwise
      • Simple imprisonment up to three months with fine
      • Women exempted from imprisonment

• Nature of Offences

1. 1. • Certain offences treated as cognizable for investigation
      • Police can investigate without court permission
      • Arrest without warrant restricted by safeguards

• Jurisdiction of Courts

1. 1. • Only Metropolitan Magistrate or Judicial Magistrate First Class
      • Other courts barred from taking cognizance
      • Special law overrides general criminal procedure

• Limitation Period

1. 1. • Court cannot take cognizance after one year
      • Limitation weakens long-term enforcement
      • Many offences escape prosecution due to delay

• Preliminary Inquiry by Court

1. 1. • Magistrate may conduct inquiry before issuing process
      • Purpose is to verify truth of complaint
      • Gujarat later removed this provision
   2. Power to Issue Injunction
      • Court can prohibit an arranged child marriage
      • Injunction issued after hearing concerned persons
      • Disobedience punishable with imprisonment or fine
      • Women exempted from imprisonment

• Child Marriage Prevention Officer (State Amendment)

1. 1. • State governments may appoint officers
      • Duties include prevention, evidence collection, enforcement
      • Officer deemed public servant
      • Legal protection for actions taken in good faith

• Rule-Making Power

1. • State governments empowered to frame rules
   • Rules subject to legislative scrutiny
   • Enables administrative implementation

Child Marriage Restraint Act 1929 Amendments

The Child Marriage Restraint Act 1929 was periodically modified to strengthen enforcement and scope. The major changes brought through the amendments and implementation of other related acts has been discussed below:

• Child Marriage Restraint (Amendment) Act 1938 introduced injunction powers
• Child Marriage Restraint (Amendment) Act 1949 repealed security provision
• The Part B States (Laws) Act 1951 exempts the applicability of this act to Jammu and Kashmir.
• The Pondicherry (Extension of Laws) Act 1968 expanded applicability of this act
• Child Marriage Restraint (Amendment) Act 1978 revised age criteria
• State amendments created prevention officers
• The Prohibition of Child Marriage Act 2006 replaced this act in 2006

Child Marriage Restraint Act 1929 Significance

Although the Child Marriage Restraint Act 1929 has limited in enforcement strength, it laid the legal and moral groundwork for stronger child protection laws in later decades, reflecting an early attempt to align social practices with emerging ideas of rights, health, and welfare of children. The act is important in the following ways:

• First national law addressing child marriage
• Raised marriage age standards
• Created legal accountability for guardians
• Provided basis for later reforms
• Encouraged public awareness against child marriage

Child Marriage Restraint Act 1929 Criticism

Despite intent, the Child Marriage Restraint Act 1929 suffered from serious structural limitations. Major concerns for which the act faces backlashes have been listed here:

• Did not declare child marriages void
• Low penalties reduced deterrence
• One-year limitation weakened prosecution
• Strong social customs limited enforcement
• Relied heavily on complaints and awareness