The Law on Child Marriage in India

The state of Karnataka has seen a sudden rise in child marriages reported during the COVID-19 lockdown. Officials of the Women and Child Development Department have received information about more than 100 instances of child marriage in the Mysuru district alone between mid-March and July.

The Karnataka State Commission for Protection of Child Rights (KSCPCR) received information about 108 child marriages which were reportedly prevented. A member of the Commission said that parents had taken advantage of the lenient monitoring during the lockdown when government officials and the police were deployed for COVID-19 duties. Schools and colleges also remained closed for an extended period, making it almost impossible to monitor the attendance of girls. 

What is child marriage?

In India, child marriage is dealt with under the Prohibition of Child Marriage Act, 2006. A child marriage is any marriage in which at least one of the persons getting married is a child. The Act defines a ‘child’ as:

A male who has not completed 21 years of age; or

A female who has not completed 18 years of age.

Offences related to child marriage

If a male adult above eighteen years of age marries a child, he can be punished with rigorous imprisonment of up to two years and/or a fine of up to one lakh rupees.

Anyone who performs, conducts, directs or assists in any child marriage can be punished with rigorous imprisonment of up to two years and a fine of up to one lakh rupees. Such a person will be punished unless he proves that he had reasons to think that the marriage was not a child marriage.

In case a child is getting married, any person who is in charge of the child (parent, guardian etc.) can be punished for allowing the marriage to happen. It is assumed that the person having charge of the child has negligently failed to prevent the marriage. Further, any other person who promotes the child marriage, or permits the marriage to be conducted, or negligently fails to prevent the marriage can be punished. This includes persons who attend or participate in conducting a child marriage. The punishment is rigorous imprisonment of up to two years and a fine of up to one lakh rupees. However, a woman cannot be punished with imprisonment for promoting or permitting a child marriage.

Are child marriages invalid?

The law tries to prevent child marriage by punishing people who perform or participate in child marriages. However, if a child has been married, the law does not immediately make the marriage invalid. The child so married has the option to invalidate the marriage or continue to be married. To invalidate the marriage, the child should file a petition in the court. A girl child should file the petition by the age of 20, and a boy child by the age of 23.