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
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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