Child Marriage Laws in India

1. Child marriage as a practice is not new to Indian society and culture. Child
marriage can be defined as a marriage solemnized between two people where
the female is below the age of 18 years, and the male is below the age of 21
years. Child marriages usually take place in rural areas where illiteracy and
poverty are widespread. 
2. Child marriages have their own repercussions such as health problems to
women due to early age pregnancies, further deterioration in the status of
women and a vicious cycle of gender inequality ensue. Keeping this in mind,
the British government enacted the Child Marriage Restraint Act, 1929
which was the first secular law towards curbing the menace of child marriage.
However, it did not make the marriage void by itself. It only prescribed
punishments for an adult male who married a minor and the parents who
promoted such marriages. The Act was amended now and then to increase
the age limit. However, it largely remained a dead letter and failed to achieve
its objective. 
3. As a result of the ineffectiveness of Child Marriage Restraint Act, 1929, a
new legislation to replace it was enacted in the form of Prohibition of
Child Marriage Act, 2006.
4. The Act envisages preventing child marriages with enhanced punishments of
rigorous imprisonment for two years and/or fine of INR 1 lakh.
5. It defines a child to mean a male below 21 years and female below 18
years.
There are provisions for maintenance of the girl child. The husband is liable to
pay the maintenance in case he is a major. In case the husband is a minor, his
parents would be liable to pay the maintenance.
6. The status of child marriage according to Section 3 of The Prohibition of
Child Marriage Act, 2006 is voidable Marriage. Section 3 of the Act states
that the child marriage is voidable at the option of both the party and the
petition may be filed at any time but before completion of two years of
attaining majority, before the District Court. 
7. Whereas, the status of child marriage as per Section 12 of The Prohibition of
Child Marriage Act, 2006 is void Marriage. Section 12 of the Act states that
child marriage is void in the following circumstances when the minor:

a. Is taken or enticed out of the keeping of the lawful guardian; or

b. by force compelled, or by any deceitful means induced to go from any
place; or
 c. is sold for the purpose of marriage; and made to go through a form of
marriage or if the minor is married after which the minor is sold or
trafficked or used for immoral purposes, such marriage shall be null and
void.
8. Section 4 and Section 5 of the Prohibition of Child Marriage Act, 2006 provides
maintenance to the girl child and legitimacy of the child so born of child
marriage.
The Indian Penal Code- Child Marriage and offence of Rape
9. The primary consequences of child marriage are a physical relationship
between the husband and a girl and the procreation of children. These
consequences are to be seen in the light of Section 376 of the Indian Penal
Code, 1860 wherein in certain cases sexual intercourse with a woman with or
without consent is an offense of rape. Section 376, Exception 2 states that
“Sexual intercourse or sexual act by a man with his own wife, the wife not
being under the age of 15 years, is not rape.”
10. Hindu Marriage Act, 1956
Under the Hindu Marriage Act, only the parties to a child marriage are
punishable even if they did not consent to the union. There are no provisions
for punishing the parents or people who solemnised the marriage. A girl can get
the marriage annulled only if she was married off before attaining the age of
15 and she challenges the marriage before turning 18. There is no express
provision to prohibit child marriage per se.
11. Muslim Personal Law
Muslim law is not codified in India. Therefore, its provisions are based on the
interpretation of Quran by scholars. Under the Muslim law, there is no bar to
child marriage. A guardian has a right to get a child married. However, the
couple has ‘option of puberty’ known as khayar-ul-bulugh where they can
repudiate the marriage after attaining puberty. However, they must do so
before turning 18 and only if the marriage has not been consummated. The age
of marriage under Muslim law is the age of puberty which is 15 years. However,
marriage before the age of 7 even if contracted by a lawful guardian, is void ab
initio.
12. Indian Christian Marriage Act (ICMA)
ICMA provides that a preliminary notice is to be issued 14 days prior to the
marriage if the marriage is to be contracted between minors. After the
expiration of the said period, the parties can go on with the marriage without
the consent of their guardians.
13. Other personal laws
Under Parsi Marriage and Divorce Act (PMDA), a child marriage is invalid.
However, the Act is silent regarding age where the provisions for an invalid
marriage are listed. Jewish law in India is uncodified. Under it, the
marriageable age is the age of puberty which is fixed at 12 years.