Child Marriage Restraint Act, 1929 [Sarda Act]
Child Marriage Restraint Act, 1929 (Sarda Act)
Background:
The Child Marriage Restraint Act, 1929, commonly known as the Sarda Act, was enacted during British rule in India to curb the social evil of child marriage.
The act was named after Harbilas Sarda, a social reformer and member of the British Indian legislature, who introduced the bill.
The main objective was to protect minors from early marriages and to reduce the high rates of infant and maternal mortality caused by early childbearing.
Key Provisions of the Act:
Definition of Child Marriage:
The act defined child marriage as a marriage where:
The bride is below 15 years of age.
The groom is below 18 years of age.
Prohibition:
The act prohibited the solemnization of child marriages.
It was an offense for any person to perform, conduct, or direct a child marriage.
Penalties:
Any person involved in the solemnization of a child marriage could be punished with imprisonment up to 2 years, or with a fine, or both.
The act applied to the contracting parties (the bride and groom), their parents, guardians, or anyone who performed or abetted the marriage.
Exceptions:
The act did not invalidate child marriages but only restrained their solemnization.
It did not address the status or consequences of a child marriage already solemnized.
Enforcement:
The act was mainly aimed at deterrence through penal provisions.
There were social and political challenges in enforcing it due to prevalent customs and traditions.
Significance:
The act was a landmark in social reform, as it was the first legal attempt to regulate child marriage in India.
It paved the way for future legislation, including the Prohibition of Child Marriage Act, 2006, which further raised the legal age and made child marriage voidable.
The act highlighted the state's role in social welfare and protection of children's rights.
Relevant Case Law:
1. Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945
While this case primarily dealt with maintenance rights, it touched upon the rights and protection of women, indirectly highlighting the need for safeguarding young girls from early marriages and the impact on their welfare.
The case emphasized the importance of protecting women's rights, which is one of the underlying reasons for laws like the Child Marriage Restraint Act.
2. Seema v. Ashwani Kumar, AIR 2006 SC 1559
The Supreme Court in this case discussed the Prohibition of Child Marriage Act, 2006, the successor of the 1929 Act.
It emphasized the importance of preventing child marriages and protecting minors from early marriage and exploitation.
This case underscored the judiciary's commitment to enforce laws against child marriage and protect children’s rights.
Summary:
The Child Marriage Restraint Act, 1929 was a pioneering step to legally restrain child marriages in India.
It set the minimum age for marriage at 15 for girls and 18 for boys.
It penalized the conduct of child marriages but did not invalidate existing child marriages.
The act marked the beginning of legislative measures to protect children and promote social reform.
It laid the foundation for stronger laws in the future, reflecting evolving societal and legal norms.
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