CHILD MARRIAGE IN INDIA

India is a secular and cultural county, for more than a thousand years different types of
religious and cultural people live here. They are also practicing their own religious and
cultural practice. Marriage is one of that. Marriage is a very complex subject by itself. It is
very hard to define marriage. Every religion has their own definition of marriage and also
marriage can define in many other accept like socially, philosophically etc. But important is
religious accept. And child marriage is one of the worst accept of all of this marriage.

Concept of Hindu Marriage

The concept of Hindu marriage, it is not a social contract; it is religious sacrament. Marriage
to a Hindu is of great individual and social significance. It is a socially approved union of
man and woman aiming at procreation, pleasure and observance of certain social obligations.
In Hindu marriage it is treated as a Holy bond or union between two souls. It is not union for
this life but also for coming life as well.

Marriage is considered as essential rule. It is essential for every Hindu to marry. The
definition given by R.N. Sharma of a Hindu marriage seems to be the most appropriate one.
He views it as "a religious sacrament in which a man and a woman are bound in permanent
relationship for the physical, social and spiritual purposes of dharma, procreation and sexual
pleasure."

Concept of Muslim Marriage:

Under the Islamic law there is no celibacy and marriage are considered as an institute of
contract and a halal way to include in intimacy between a man and women. Justice Mitter
in Subaunnisa's case of Calcutta High Court AIR 1934 cal 603 observe marriage under
Muslim law and is like sale of contract. Sale is transfer of property. In contract of marriage
the wife is the property for a price. Therefore, the similarity of a Muslim marriage and a
contract are co-pronouncing some Jurist have treated it entirely as a civil contract.

Concept of Christian Marriage

Christians are believed that marriage is a gift of a god which everyone should accept. And
they also believe that it is a public declaration of love and commitment and it is perfect
atmosphere for engaging with sexual relationship and make a family.

Concept of Child Marriage

The people of India earlier in the day and some old ministered people in present days thinks
that child mind is comparatively easier to adaptability and sustenance. As the mind grows, it
tends to become more habitual to firmness within the decision-making process, thus leaving
far less possibilities for the couples to compromise on situations.

There another concept that girls are property of other it is very necessary that girl should
married before getting some age (8 years old) if it is not then that family declared as an
unlucky and untouchable. Fear of this punishment fathers are forced their daughter getting
married even some time girls had to marriage five time older than her age man.
Child Marriage Restraint Act, 1929
In 1927, Rai Sahib Harbilas Sarda introduced the Child Marriage Restraint Bill which fixed
age of bride is 14 years old and bride groom age is 18 years old. In 1949, it became 15 years
for girls and in 1978 the compulsory age became 18 years for girls and 21 for boys.

Prohibition of Child Marriage Act, 2006

The PCMA received the assent of the President of India on 10th January, 2007. The act came
into effect from 1st November, 2007.