Four
Review of Law, Implementation of Treaties
and Other International Instruments of
Human Rights
CHILD MARRIAGE RESTRAINT ACT, 1929
4.1 The problem of the widespread prevalence of child marriage in certain parts of the
country has beenlmajor concern of the Commission for a number of years. The Commission
has been interaciing with the National Commission for Women and the Department of
Women & Child Development to evolve suitable measures to combat this problem. As the
Draft Marriage Bidjointly prepared by the National Commission for Women and Department
ofWomen & Child Development did not find favour with the Government, the Commission
decided to work jn an amendment to the Child Marriage (Restraint) Act, 1929. It held
discussions on 16 December 1999 with the Secretary, Department of Women & Child
Development; the Secretary, Legislative Department; and the Member Secretary, National
Commission for vVomen.
4.2 The Commssion is pursuing the matter further along the following lines that emerged
during the discursion:
□ It would be more appropriate to provide for a compulsory registration of marriages
under the Hindu Marriage Act through appropriate amendments, instead of
making such a provision in the Child Marriage (Restraint) Act, 1929.
□ There is a need to amend the Child Marriage (Restraint) Act to provide for higher
penalty foi the violations of the provisions of this Act, and there is also a need to
make the offence cognizable and non-bailable.
□ Provision has to be made in the Child Marriage (Restraint) Act to take action
against organizers/associations who organize mass child marriages.
□ Apart fron amending the legal provisions appropriately, there is a need to initiate
social actic3i by networking with the NGOs in the areas where child marriages are
prevalent o sensitize the community leaders against such marriages.