LAW COMMISSION OF INDIA 205TH REPORT

“PROPOSAL TO AMEND THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 AND OTHER ALLIED LAWS”

Final Draft

by

Akshat Dev, LLB23070

Submitted to Dr. Sia Iqbal Ahmed

 ACKNOWLEDGEMENT
First and foremost, I would like to extend my sincere gratitude to Dr.Syed Iqbal Ahmed and the
entire faculty of the History of Legal and Constitutional Development for their invaluable
assistance and unwavering support throughout this research. They provided me with the same
flexibility and independence that allowed me to approach the subject in a fresh and unique
manner, turning it into an extraordinary educational and investigative experience.
I also wish to convey my appreciation to my family and friends for their consistent help and
support during these challenging times.
In terms of establishing a conducive research environment for students, even in an entirely online
setting, the institution has been highly accommodating and student-centric. It has demonstrated a
clear understanding of potential challenges and ensured that students face no obstacles in the
research process.
I have endeavoured to present my work to the best of my abilities. It was a privilege to conduct
research on a subject with the potential to reform a system and benefit humanity.

Akshat Dev
LLB23070
National Law University, Delhi
 DECLARATION

I hereby declare that the following research project on the LAW COMMISSION OF INDIA
205TH report, which was turned in for credit towards the National Law University of Delhi's
History of Legal and Constitutional Development course, is entirely original work of mine. Dr.
Syed Iqbal Ahmed has provided incredibly helpful guidance throughout the work's supervision.
To the best of my understanding, I have properly cited and acknowledged every source. To the
best of my knowledge, there are no instances of plagiarism in the project.

Akshat Dev
LLB07023
 INTRODUCTION

Law Commission of India

The Law Commission of India is an extralegal entity established by the Ministry of Law and
Justice, India, to conduct law research and provide government recommendations through
reports. As of 2023, it has presented 277 reports, covering various topics as per requests from the
Department of Legal Affairs, Supreme Court, and High Courts. The Commission plays a crucial
role in conducting comprehensive assessments of the country's legal framework1.

After independence a need was felt by the Parliament for establishing a Central Law
Commission which would recommend revision and updating of the laws to serve the fast-
changing and ever-growing needs of a country like India. Taking this into account, the
Government established the 1st Law Commission in 1955. The then Attorney-General of India,
Mr. M. C. Setalvad, was appointed as its chairman. Till today 22 Law Commissions have been
appointed, and each with a three-year term2.
The vision of the Law Commission is “Reforming the laws for maximizing justice in society and
promoting good governance under the rule of law.” And the mission of the commission entails
updating or repealing out-of-date laws, looking into laws that impact the underprivileged and
conducting follow-up reviews of socio-economic legislation, keeping an eye on the judicial
administration system to make sure it complies with current standards, and, most importantly,
making sure that laws that are already in place are updated while maintaining them, keeping in
mind the directive principles of state policy, offering suggestions for enhancements and reforms,

1
Law Commission of India | India’ (Lawcommissionofindia.nic.in2023) <https://lawcommissionofindia.nic.in/about-department/early-

begginnings/> accessed 3 November 2023

2
‘‘Vision & Mission | Law Commission of India | India’ (Lawcommissionofindia.nic.in2023) <https://lawcommissionofindia.nic.in/about-

department/vision-mission/> accessed 3 November 2023

‌
and putting forth any legislation that might be required to carry out the directive principles and
fulfill their objectives3.

Functioning of Law Commission

The Law Commission works on projects as requested by the Central Government or the judiciary.
Sometimes, it also initiates Suo-moto study of specific subjects if the commission is of the view that
such a study is necessary. On receiving a request for examination, assigns preparatory work to a
Member/Member-Secretary, formulating research and data collection methodologies. Discussions
at meetings help develop a streamlined understanding among members, leading to the creation of a
working paper outlining the problem. The commission also consults with the public and
stakeholders to elicit objections and suggestions, ensuring a wide range of people and stakeholders
are consulted for law reforms.
18 th Law Commission
The 20th Law Commission was constituted from 2007-2009, it submitted reports 202 to 234.
Hon’ble Mr. AR Lakshmanan Justice was the chairman of the commission in 2007.The 18th Law
Commission of India was established for a specific time duration, and its main duties included
reviewing and recommending solutions to a variety of legal problems. These concerns can include
everything from significant legal amendments to enhanced administrative and procedural
practices. The 18th Law Commission report was submitted in 2009 and dealt with the issue of “Fast
Track Courts” . It recommended the establishment of such courts to deal with long-pending cases in
the country.
205th Law Commission Report

Proposal to Amend the Prohibition of Child Marriage Act, 2006 and Other Allied Laws was the
topic of study for the 205th Report, which was the fourth interim report released in October
2008. Dr. AR. Lakshmanan, the Honourable Chief Justice, Justice I. Venkatanarayana, the
Honourable Professor Tahir Mahmood, Justice O.P. Sharma, the Honourable Member Secretary,
and Dr. D.P. Sharma wrote this report. The report suggests that regardless of marriage, all young
girls should be able to give sexual consent at the age of 16. It also recommends making marriage
registration mandatory. Taking into consideration human rights, health, and child abuse, the
3
‘Vision & Mission’ (Law Commission of India) accessed <https://lawcommissionofindia.nic.in/about-department/| Law Commission of India |
India/ 24 October 2023
Commission has made a number of significant recommendations to end child marriage; however,
it has not defined what a child is. It has also validated the recommendations made by a
Parliamentary Standing Committee that all child marriages be declared illegal after the Act's
introduction, following their review of the Bill.

Literature Review

In this study, I used both primary and secondary materials.

Primary Sources- 205rd Law Commission Report and various Case Laws to suggest that any
marriages formed before to the age of 18 are void. It is now simpler to understand how the law has
been interpreted in recent decades when one is familiar with case law.

Secondary Sources- I used articles by Ram, F., R.K. Sinha, S.K. Mohant, Sagade, Jaya Sethuraman,
Kavita and Nata Duvvury, Santhya, K.G. and Shireen J. Jejeebhoy papers. These articles help me to
understand the various things about the child marriage like- Legislative History, Judgements, and
various Recommendations for Amendments on Child Marriage and Age of Child, The Scope, Causes
and Consequences of Child Marriage etc. This law commission tells

Statement of the Problem

The report explores child marriage in India, a prevalent issue that violates the rights and health of
young girls and boys. It reviews existing laws like the Prohibition of Child Marriage Act, 2006
4
(PCMA), the Hindu Marriage Act, 19555, the Indian Penal Code, 1860, and personal laws. The
report identifies contradictions and loopholes in these laws, such as different definitions of a
child, validity of child marriages, consent age, and registration of marriages. It also analyzes the
causes and consequences of child marriage, including poverty, tradition, patriarchy, lack of

4
‘THE PROHIBITION of CHILD MARRIAGE ACT 2006’ <https://bba.org.in/wp-content/uploads/pdf/the-prohibition-of-child-marriage-

act.pdf>

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‘THE HINDU MARRIAGE ACT, 1955 ________ ARRANGEMENT of SECTIONS _________ PRELIMINARY SECTIONS 1. Short Title

and Extent. 2. Application of Act’ (1955) <https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf>

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education, early pregnancy, maternal and infant mortality, domestic violence, sexual abuse,
HIV/AIDS, and social isolation. The report recommends amendments to improve the
effectiveness and consistency of these laws.

Research Objectives
1) To analyzes scope, causes and consequences of child marriage
2) To study amendments to improve the effectiveness and consistency of these laws.

3) To suggest solutions to loopholes and drawbacks that exists in the law such as the different
definitions of a child, the validity of child marriages, the age of consent for sexual intercourse,
and the registration of marriages.

Research Methodology
The research methodology of this report is based on a review of existing laws, policies, and
practices relating to child marriage in India and other countries. In the paper, references to
primary and secondary sources are provided. The main sources are articles about the outlawing
of child marriage and reports like the 205th Report of the Law Commission. The legal statutes
and the ensuing regulations, as well as articles about child marriage in India and other nations,
are the secondary sources.

Tentative Chapterisation
1. Introduction

2. Principal Elements of the 2006 Prohibition of Child Marriage Act-

3. The Scope, Causes and Consequences of Child Marriage

4. "Legislative Background, Legal Decisions, and Suggested Amendments Related to the

Child Marriage Restraint Act of 1929, Focusing on Child Marriage and the Age of a
Minor."
5. Conclusion and Suggestions

INTRODUCTION
The Indian Supreme Court has requested the Law Commission to assist it with child marriage
issues, citing contradictions between different laws specifying different ages and defining a
child, as noted in a Writ Petition (Criminal) No. 81 of 2006.
The Delhi State Commission for Women and the National Commission for Women have filed a
Writ Petition arguing that the Indian Penal Code does not define the term "child" is defined as
any person below the age of 18 in the Indian Majority Act and The Juvenile Justice (Care and
Protection) Act, 2000, it was 18 for girls and 21 for boys in the Child Marriage Restraint Act,
1929 (hereafter CMRA) 6The Hindu Marriage Act and Writ Petition both state that the Indian
Penal Code does not define a child, but the age of consent for girls for sexual intercourse is 16
under Section 375 IPC, while married couples' consent is presumed to be 15. The Shariat allows
marriage at 15 years old.
The Petition further lists as a grievance the following: -
 Sections 5 and 11 of the Hindu Marriage Act do not grant the court the authority to annul a
marriage based on the fact that one of the parties is below the legal age of marriage.

 The exception in Section 375 of the Indian Penal Code, which excludes husbands from rape
charges if their wives are above 15 years of age, is viewed in the petition as a clear
contradiction to the Child Marriage Restraint Act of 1929, which prohibits all child
marriages.

However, the Petition notices that child marriages are not invalid under the Child Marriage
Restraint Act, 1929, The Petition advocates for a uniform definition of child in all legislation to
protect children from abuse and ensure a legal minimum age for marriage. It argues that the legal
minimum age for marriage is 18 under various international agreements and laws. The petition
also requests that the Union of India amend laws related to marriage age and sexual consent to

6
‘GOVERNMENT of INDIA LAW COMMISSION of INDIA PROPOSAL to AMEND the PROHIBITION of CHILD MARRIAGE ACT,

2006 and OTHER ALLIED LAWS’(2008<https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081072-

1.pdf>

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align with each other. It also seeks the deletion of Section 375 IPC, which states that marital rape
is not considered rape unless the wife is under 15 years old.
Child marriage is often forced and lacks full and informed consent from individuals under 18. It
is also linked to child abuse, leading to serious health consequences like anemia, maternal
mortality, infant mortality, and certain diseases like HIV/AIDS. Young girls are more prone to
domestic violence and have limited social networks, and their rights like education and
development are violated by child marriage.
The Petition also points out that the Child Marriage Restraint Act, 1929, has been revamped and
the Prohibition of Child Marriage Act, 2006, which addresses child abuse, health, and human
rights concerns. The new Act needs to be examined to address these issues.

Principal Elements of the 2006 Prohibition of Child Marriage Act

The Prohibition of Child Marriage Act, 2006 (PCMA) introduces significant changes to the law,
including:

1) Section 3 of this legislation stipulates that child marriages can be annulled at the discretion of
the party who was a child at the time of the marriage. It permits the filing of a petition to
declare the marriage void within two years of the child reaching adulthood. Considering that
females typically reach adulthood at the age of 18 and males at the age of 21, a girl may file a
petition until she turns 20, and a boy may do so until he reaches 23.

2) The Act also outlines provisions for the financial support and living arrangements of the girl
until her subsequent marriage, whether it is to the same man she initially wed or to his
parents.

3) Additionally, it allows for the issuance of appropriate orders for the custody of any child born
from the marriage.
4) The penalties for involvement in child marriages have been heightened under the Act. An
adult male, aged 18 or older, can now face a maximum of 2 years of rigorous imprisonment,
a fine of up to 1 lakh rupees, or both as punishment. The same penalty is applicable to
individuals who participate in, oversee, lead, or support any child marriage.
5) The Act also mandates the same punishment for anyone who facilitates a child marriage,
whether through encouragement, permitting it to occur, or negligently failing to prevent it.
However, it's important to note that women cannot be imprisoned under this Act.
Furthermore, the Act designates all offenses as cognizable and non-bailable.
6) The Act additionally enables the issuance of injunctions, including ex parte injunctions, to
prevent child marriages. It stipulates that any child marriage conducted in violation of an
injunction order is considered null and invalid.
7) To underscore the prohibition of child marriages, the Act requires state governments to
appoint Child Marriage Prohibition Officers. These officers are authorized to prevent and
prosecute child marriages, as well as raise awareness on the issue. However, the appointment
of these officers may be hindered without the necessary financial resources.
8) The Act empowers the District Magistrate to halt and prevent the solemnization of mass child
marriages through the use of appropriate measures and minimal police force, granting the
District Magistrate all the powers of the Child Marriage Prohibition Officer.
9) The existing law makes child marriages voidable under a gender-neutral provision but does
not invalidate a marriage performed when the child is an infant or later at puberty or
adolescence. Section 375 of the Indian Penal Code (IPC) makes it a criminal offense to
engage in sexual relations with a child under 15 years of age.
10) A Parliamentary Standing Committee had recommended that child marriages solemnized
after the implementation of the new Act should be declared void from the outset. Research
has shown that girls face irreversible harm due to biological factors and their inability to cope
with the pressures of marriage at an early age.

SCOPE, CAUSES AND CONSEQUENCES OF CHILD MARRIAGE

Child marriages remain a significant issue in India, with 33.8% of women aged 15-19 currently
married or in a union. The UN Population Division reported that child marriage was more
prevalent among girls, highlighting the gender dimension of the problem. The National Family
Health Survey of 2005-2006 (NFHS-3) confirmed that 45% of women aged 20-24 were married
before the age of eighteen years, with rural areas having higher rates (58.5%) than urban areas
(27.9%).
The survey revealed that 61.2% of women in Jharkhand were married before they turned 18,
with Bihar following closely at 63.3%. Rajasthan had 57.1%, Andhra Pradesh at 54.7%, and
Madhya Pradesh, Uttar Pradesh, and West Bengal at around 53%. 16% of women aged 15-19
were already mothers or pregnant. The median age for marriage between 20 and 49 increased
slightly from 16.7 in NFHS-2 to 17.2.

CAUSES
Child marriage in India is primarily due to poverty, culture, patriarchal norms, lack of education,
law, and administration's inaction, as well as the influence of patriarchal values and patriarchal
norms, which contribute to the high prevalence of such marriages
1) Child marriage is a significant issue that violates human rights, compromises girls'
development, and often leads to early pregnancy and social isolation. It is exacerbated by
inadequate education and poor vocational training, reinforcing gendered poverty. Young
married girls are often invisible, forced to perform heavy domestic work, demonstrate
fertility, and raise children while still children themselves. They face constrained decision-
making and reduced life choices.
2) Marriage often occurs due to poverty and indebtedness of families, with dowry becoming an
additional burden for poorer households. The general interest in younger brides provides an
additional incentive for these households to marry their daughters.
3) Patriarchal society views girls as property and a burden, leading parents to marry their
daughters. This mindset makes girls have no say in making decisions. Manu Smirti texts
often excuse child marriage, stating that a father or brother who has not married his daughter
or sister who has reached puberty will go to hell.
4) There is also a widespread perception that child marriage protects females from unwanted
masculine attention or promiscuity. Girls are married off as soon as possible in a society that
places great importance on patriarchal norms such as virginity and chastity. Economic and
social security for the girl has been advanced as a justification for early marriage.

5) Marriage as an institution in groups or societies can be utilized to service or strengthen

economic and social links between various families and even communities. As previously
noted, child marriage is a serious violation of children's rights the child is deprived of
 opportunity and facilities for healthy development in order to receive an education and live a
free and dignified life. It denies the young female capacities, opportunities, and decision-
making powers and obstructs her social and personal development.

CONSEQUENCES
1) Young brides face risks of sexual and reproductive health issues due to early sexual activity and
pregnancy. Only 4% of married girls practice gauna, and the period between marriage and gauna is
reduced to about one year. Pregnant girls, particularly from poor backgrounds and with limited
healthcare access, face complications and mortality during childbirth, including premature labor,
delivery complications, low birth-weight, and a higher chance of the newborn not surviving. Young
mothers under 15 are five times more likely to die than women in their twenties due to complications
like haemorrhage, sepsis, preeclampsia/eclampsia, and obstructed labor. Adolescent girls have higher
maternal mortality rates than adult women.

2) Young girls face a high risk of sexually transmitted diseases, including HIV, due to their early
marriages and the risk of sex work. They may also contract diseases from their spouses, as older
husbands often engage in sexual relations outside the marriage. Young married girls lack bargaining
power in marriages, making them vulnerable to unsafe sex. They are also physiologically more prone
to contracting HIV/AIDS due to their poorly lined vagina and eroded cervix. The HIV epidemic is
highest in women aged 15-24 and peaks in men five to ten years later.
3) Women experience domestic violence from their spouses and their relatives for a variety of reasons.
Domestic violence among women is prevalent in India, with a high rate of 67% among women
married by 18 compared to 45% of women who had not experienced violence. The power dynamics
between husbands and wives can be extremely unequal due to the age gap and often older men.
Young brides become socially isolated and lack decision-making powers, facing harassment from
their husbands and in-laws. Decision-making power is limited for married women in general, with
only 52.5% participating in household decisions.

4) Young brides often enter marriage at a young age, lacking the necessary personal and social skills for
self-sufficiency. They become reliant on their husbands and are unlikely to leave abusive marriages.
Sexual violence also impacts women, with young girls being particularly susceptible. A study in
Calcutta found that half of the women surveyed were married at or below the age of 15, with the
youngest being married at just 7 years old.
5) Girl brides are at a higher risk of becoming widows at an early age, leading to discrimination, loss of
social status, and denial of property rights. Child widows often have limited access to education or
vocational skills, leaving them without resources and nowhere to turn.
6) Early marriage often results in girls discontinuing their education, as it is perceived as unnecessary
for becoming a good wife or mother.
7) Educated women are more likely to have a say in decision-making regarding family size and child
spacing, and are more informed about contraception and health care needs. Married girls often lose
close friendships and become quiet and subdued, making it difficult for them to access social
networks.
8) Early marriage leads to profound psychosocial and emotional consequences, including loss of
adolescence, forced sexual relations, and denial of freedom and personal development, with young
married girls suffering more than boys

Legislative Background, Legal Decisions, and Suggested

Amendments Related to the Child Marriage Restraint Act of
1929, Focusing on Child Marriage and the Age of a Minor
Social reform organisations and individuals worried about the consequences of child marriage le
d to the creation of the Child Marriage Restriction Act.The minimum age to marry was raised fro
m 10 to 16 years old after several revisions.The age of consent for married and single girls was 1
5, not 16, in 1940.Under the Penal Code, the legal age of consent for sexual activity has mainly n
ot change7
Year Age of consent under Age mentioned in the IPC Minimum age of
s.3755 th clause IPC Marital Rape Exception marriage under the
to s.375 Child Marriage
Restraint Act,1929

7
‘Law Commission of India | India’ (Lawcommissionofindia.nic.in2020) <https://lawcommissionofindia.nic.in/> accessed 3 November 2023

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 1860
10 years 10 years -

1891 (Act 10 of 1891)

after the amendment 12 years 12 years
of I.P.C.)

1925 (after the

amendment of I.P.C.) 14 years 13 years

1929 (after the

passing of the Child 14 years 13 years 14 years
Marriage Act)

1940 (after the

amendment of the 16 years 15 years 15 years
Penal Code and the
Child Marriage Act)
1978
16 years 15 years 18 years

For a number of reasons, the Child Marriage Restriction Act (CMRA) in India has been
determined to be ineffectual. In no single year did the number of child marriage prosecutions
surpass 89, according to a UNICEF study. Compared to 93 incidences in 2004, 122 incidences
were reported under the CMRA in 2005. But the majority of child marriages go unreported or
unnoticed by law enforcement and other government agencies. Out of the 122 cases that were
reported, only 45 were found guilty. The legal system has firmly established its position
regarding the legality of marriages consummated outside of the CMRA Act's age requirement.
From the first case in 1885 to the most recent ruling in 2006, the Supreme Court and a number of
High Courts have accepted the legality of these marriages. The Delhi High Court has ruled in a
recent ruling that marriages performed outside of the age range specified in Section 5(iii) of the
Hindu Marriage Act, 1965 are not null and void. Many other rulings, including those in the cases
of Neetu Singh v. State & others, Ravi Kumar v. The State & Anr., Rabindra Prasad v. Sita Dass,
Shankerappa v. Sushilabai, Durga Bai v. Kedarmal Sharma, and Smt. Lila Gupta v. Laxmi
Narain, supported this opinion.
In 2000, the Law Commission proposed changes to the rape laws in India, based on input from
the National Commission for Women (NCW) and various women's groups. The NCW
recommended categorized non-consensual marital sexual intercourse as sexual assault, while the
Law Commission suggested setting the age of consent for both unmarried and married women at
16 years. In 1995-96, the NCW recommended annulment of child marriages and the importance
of mandatory marriage registration and free education until the age of 14. The Central
Government introduced the Prevention of Child Marriage Bill in 2004, which was reviewed by
the Parliamentary Standing Committee on Personnel, Public Grievances, Law & Justice. The
Committee recommended a uniform marriageable age of 18 for both genders and declared child
marriages void from the outset. They also proposed social measures, such as a rehabilitation
fund, active support from government officials and NGOs, and higher penalties for child
marriages. The Committee also suggested compulsory marriage registration and advocated for
the active involvement of NGOs and civil organizations to prevent child marriages. The
mandatory registration of marriages was seen as a positive step, as upheld by the Supreme Court
in the case of Smt. Seema Vs. Ashwani Kumar.

Important Judgements
Every law provides its own definition of the term ‘child’. Some refer to a child as a person who has
not completed the age of 18 years and in some statutes a child is defined as a-

 According to the Child Marriage Restraint Act of 1929, a child is defined as a male who has
not yet reached 21 years of age, and a female who has not yet reached 18 years of age.
 The Immoral Traffic (Prevention) Act of 1986 defines a child as an individual who has not
yet reached 16 years of age, and a minor is described as a person who has crossed 16 years
but has not yet reached 18 years.
 Under the Indian Majority Act of 1875, a person is considered to have reached the age of
majority upon reaching 18 years.
 According to the Juvenile Justice (Care and Protection of Children) Act of 2000, a child is
defined as an individual who is under 18 years of age.
Conclusion And Recommendations
Studies reveal the severe and traumatic effects of child marriage, particularly under certain age
limits, which are considered blatant child abuse. Child marriage below a certain age is blatant
child abuse. The Indian Penal Code considers any sexual intercourse with a minor wife below 15
years of age rape. The case of Phulmonee, which garnered widespread public attention in the
previous century and contributed to the call for increasing the age of consent, involved the tragic
death of an 11-year-old girl due to severe vaginal injury inflicted by her husband through forced
sexual intercourse. However, the existing child marriage law fails to encompass a situation akin
to Phulmonee's. It lacks any provision that would prevent a child bride from cohabitating with
her husband and shield her from sexual abuse and other types of mistreatments. The Child
Marriage Act, in reality, paves the way for such abuse by failing to annul any child marriages.
Additionally, research has demonstrated the increased susceptibility of child brides to pregnancy-
related complications and the elevated rates of maternal and infant mortality associated with
child marriages. Furthermore, child marriage robs all female children of their fundamental
human rights to grow in a natural and wholesome setting. It strips girls of their entitlement to
education, as well as their physical, mental, and psychological development. Child marriage
leads to the isolation of girls from their surroundings and infringes upon their basic rights to
freedom, expression, and mobility. Disregarding the well-documented negative impacts of child
marriage on girls would be akin to disregarding how young brides actually live their lives. It
would essentially deny the fact that girls are human beings with inherent rights, including the
right to life. The detrimental health effects and the violence experienced by girls under a certain
age outweigh certain 'social' considerations and should not be overlooked when it comes to
invalidating such marriages.

Recommendations
Furthermore, we think that there is no justification for setting different age thresholds for
consenting to sexual activity for a minor bride as opposed to other minor girls. The fundamental
justification for establishing a minimum consent age is that the person is not old enough to
comprehend the consequences of engaging in sexual activity. This justification holds true for
other young girls as well as for a minor bride. Therefore, we suggest the following actions.
1) Child marriages involving individuals under a certain age, specifically under the age of 16,
should be declared invalid. However, all the sections concerning financial support in Section
4 of the Prohibition of Child Marriage Act of 2006, which pertain to providing maintenance
to the female party of the marriage until her remarriage, as well as the provisions regarding
child custody and the legitimacy of children in Sections 5 and 6 of the same Act, should also
apply to cases of marriages that are declared void.

2) Marriages involving individuals between the ages of 16 and 18 should be subject to

annulment upon the request of either party. The existing provisions concerning maintenance,
child custody, and the legitimacy of children in Sections 4, 5, and 6 should remain applicable
to these annulled marriages, just as they are currently.

3) Therefore, Section 3(1) and 3(3) of the Prohibition of Child Marriage Act of 2006 should be
modified to include the revisions described in points (i) and (ii) mentioned earlier and should
be phrased as follows:

 The Act states that any marriage of a child under 16 years old conducted after its
implementation is considered null and void, and can be declared so through a decree of
nullity
 Any marriage between 16 and 18, regardless of whether it was solemnized before or
after the Act's implementation, can be annulled at the discretion of the child's parent.

 The petition mentioned in Section 3(1)(ii) can be submitted at any point until the individual
who entered into a child marriage reaches the age of 20. It is recommended that the exception
in Section 375 of the Indian Penal Code, which pertains to rape, be removed. This change
would establish the age of consent for sexual intercourse at 16 for all girls, regardless of their
marital status. The 172nd Report of the Law Commission had previously suggested raising
the age of consent for all girls to 16.
4) The government should mandate the registration of marriages within a specified timeframe
for all communities, including Hindus, Muslims, Christians, and others.

5) The legal age for marriage should be consistent at 18 years for both boys and girls, without
any scientific basis for differentiation. Consequently, the current Section 2(a) of the
Prohibition of Child Marriage Act should be removed and replaced with the following
Section 2(a): "(a) 'child' refers to an individual who is below 18 years of age." Furthermore,
other laws like the Hindu Marriage Act should be revised to align with and not contradict the
provisions of the Prohibition of Child Marriage Act of 2006.

BIBLIOGRAPHY

Articles:
1. Amnesty International, Indonesia: Exploitation and abuse: the plight of women domestic
workers (Report), AI Index: ASA 21/001/2007, February 2007
2. Australia Marriage Act, 1961 with amendments up to act No. 46 of 2006
3. Chatterji, Jyotsna, Child Marriage, paper presented at India Social Forum, November 2006, New
Delhi
4. Crimes Act 1961 of New Zealand available at <www.legislation.govt.nz
5. Barua, A., Heman Apte, Pradeep Kumar, Care and Support of Unmarried Adolescent Girls in
Rajasthan, Economic and Political Weekly, Vol XLII No44 November 3-9, 2007
6. Black, Maggie, Early Marriage, Child Spouses, UNICEF, Innocenti Research Centre, Digest no.7
(2001)
7. Rajya Sabha Thirteenth Report on the Prevention of Child Marriage Bill, 2004, New Delhi,
(Presented to the Rajya Sabha on 29th November, 2005, Laid on the table of the 47 Lok Sabha on
29th November, 2005), New Delhi, November 2005/ Agrahayana, 1927 (Saka)
8. Sagade, Jaya, Child Marriage in India, Oxford University Press, 2005
9. Santhya, K.G. and Shireen J. Jejeebhoy paper: Young People’s sexual and reproductive Health in
India: Policies, programmes and realities, Population Council regional working papers No.19,
New Delhi, 2007
10. Sethuraman, Kavita and Nata Duvvury, The Nexus of Gender Discrimination with Malnutrition:
An Introduction, Economic and Political Weekly, Vol XLII No44 November 3-9, 2007
11. Singh, Kirti and Diviya Kapur, Law, Violence and the Girl Child, Heath and Human Rights and,
An International Journal, Vol 5. No.2, 2001
Legislations and Committee Report:
1. Indian Penal Code, 1860
2. Indian Evidence Act, 1872
3. 205rd Law Commission Report
Case laws:
1. Durga Bai v. Kedarmal Sharma, 1980(Vol. VI) HLR 166
2. Emperor v. Fulabhi Bhulabhai Joshi and others, AIR1940 Bombay 363 48
3. Kondepudi Sriramamurthi v. State of Andhra Pradesh and another, AIR 1960 Andhra
Pradesh 302
4. Khushalchand Janki Prasad v. Shankar Pandey Gaya Prasad, AIR 1963 Madhya Pradesh 126
5. Manish Singh v. State Govt. of NCT. And Ors., 2006(1) HLR 303
6. Mt. Jalsi Kuar & others v. Emperor, AIR1933 Patna 471
7. Neetu Singh v. State & others, 1999(1) Vol. 39 HLR 466
8. Queens Empress v. Huree Mohan Mythee XVIII Indian Law Reporter (Calcutta) 49 (1891);
9. Rabindra Prasad v. Sita Dass, AIR 1986 Pat 128
10. Ravi Kumar v. The State & Anr., MANU/DE/1497/2005
11. Shankerappa v.Sushilabai, AIR 1984 Kar 112
12. Sheikh Haidar Sheikh Rahimmo Attar Musalman v. Syed Issa Syed Rahiman

Websites and Online Sources:

1. https://lawcommissionofindia.nic.in/report_eighteenth/