Provisions in the Constitution of India, Legislations, Policies, Reports, and Judgements Article(s) of the CEDAW 16. Prohibition of Child Marriage Act, 2006: With a view to restrain solemnization of marriage of minor children, Child Marriage Restraint Act was enacted in 1929. This Act though restrains the solemnization of child marriage but did not declare them to be void or invalid. The NHRC undertook a comprehensive review of the then existing Act and in its annual report 2001-2002, recommended for comprehensive amendments. To give effect to recommendations, The Prohibition of Child Marriage Act, 2006was enacted and as per Section 3, child marriage is voidable at the option of contracting party being a child. Section 12 of the Act declares the marriage to be void in certain circumstances like marriage by force, compulsion, or deceitful means. As per the Act, ‘child’ means a person who, if a male, has not completed 21 years of age and if a female, has not completed 18 years of age. JUDGEMENTS: 1. Inter-caste marriage/Honour Killings • Lata Singh v. State of Uttar Pradesh (2006) 5 SCC 475: SC upheld the right to marry a person of her own choice and remarked that: “This is a free and democratic country, and once a person becomes a major, he or she can marry whosoever he/she likes.” • A Shafin Jahan v. Ashokan KM AIR 2018 SC 35: Kerala High Court had annulled the marriage of a 24-year-old girl Hadiya. While dismissing this order, the Supreme Court held that “The choice of a partner, whether within or outside marriage, lies within the 76 Convention on the Elimination of All Forms of Discrimination Against Women Gaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R) Centres, Anganwadi centres, etc. Further, integrating the OSCs with the Women Helpline Number 181, formation of a taskforce for monitoring the functioning of OSCs as recommended by the NHRC in its workshops on OSCs held on September 26, 2017 and on December 29, 2020. G8: Although PCM Act prohibits child marriage, still legal framework dealing with marriage, rape and sexual assault on children have contradictory provisions because of which PCM Act cannot be effectively implemented. [CEDAW A. 16(2)] R8: Contradictions in legal provisions dealing with marriage, rape and sexual assault on children should be removed. Further, there

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