IV.
REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER
INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS
(A)
CHILD MARRIAGE RESTRAINT ACT, 1929
The Commission has remained seized of the problem of the widespread prevalence of
child marriage in certain parts of the country, especially in Rajasthan, despite the existence of
the Child Marriage Restraint Act, 1929. It has been interacting with the National Commission
for Women and the Department of Women and Child Development to evolve suitable measures
to combat this problem. On a perusal of the Draft Marriage Bill jointly prepared by the National
Commission for Women and Department of Women and Child Development, Government of
India, the Commission had recommended that early action should be taken on it as it believed
that the provisions contained In It could have a substantial impact on reducing the incidence of
child marriage.The Central Government, however, took the view h a t major social and economic
efforts were required to bring an end to the practice of chlld marriage amongst those sections
of society and communities where such marriages have long been conducted and, further,
that the Act was administered by the States. The Commission could not accept the view that
the responsibility of the Central Government ceased because the present Act is administered
by the State Governments. It is convinced that all components of Government and civil society
have a role to play in bringing about an end to child marriage and that effective laws are an
essential instrument to achieve this end.
4.1
4.2
As the Draft Marriage Bill did not make headway, the Commission has decided to
revive its original idea of itself working on an amendment to the Child Marriage Restraint Act,
1929. The Commission intends to pursue this matter at ail levels, legislative, social, educational
and political and urges the Central and State Governments to give greater attention to this
issue.
PROTECTION OF HUMAN RIGHTS ACT (1993):
4.3
On the basis of experience in the first months of its functioning, the Commission had
made certain recommendations in its annual report for 1993-94, proposing amendments to its
Statute in order to remove what it considered to be ambiguities and impediments concerning
its competence and autonomy. In the light of further experience, however, the Commission
itself came to the conclusion that a more in-depth, comprehensive and independent examination
of the Act was required. The Commission accordingly requested Justice A.M.Ahmadi, former
Chief Justice of India to head a high-level Advisory Committee consisting of human rights
. activists and legal experts to study the Act and suggest amend-ments.
The main issues proposed by the Commission for consideration by the Ahmadi
Committee were:
4.4