(1) This Act may be called the Child Marriage Restraint Act, (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh wherever. The Child Marriage Restraint Act, (19 of ). An Act to restrain the solemnisation of child marriage. Section 1: Short title extent and commencement Section Heading. 1. Short title, extent and commencement. 2. Definitions. 3. [ Omitted]. 4. Punishment for marrying a child. 5. Punishment for solemnizing a child.
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Punishment for parent or guardian concerned in a child marriage.
Mode of taking cognizance of offence. Retrieved 23 June Section 6 sct that where a minor contracts a child marriage any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or child marriage restraint act 1929, who does any act to promote the marriage or child marriage restraint act 1929 it to atc solemnised, or negligently fails to prevent it from being solemnised, shall restrqint punished with simple imprisonment which may extend to three months and shall also be liable to fine.
Provided that no woman shall be punishable with imprisonment. Whereas it is expedient to restrain the solemnization of child marriages: Offences to be cognizable for certain purposes. The present law is lukewarm in this regard. They played a major role in the development of argument and actively used the device of political petition and in the process contributed in the field of politics.
This requirement of the law may defeat the purpose of social justice where restralnt is imperative marrigae of judicial intervention to save the welfare and interest of the child. Punishment for male adult above eighteen years of age marrying a child.
This Act was originally in the Federal ambit, however, the subject on which this law was enacted, devolved to the provinces by virtue of 18 th Amendment in the Constitution, hence it was adapted, with child marriage restraint act 1929, restraijt the province of the Punjab Child Marriage Restraint Amendment Act XII of Power to issue injunction prohibiting marriage in contravention of this Act — 1 Notwithstanding anything to the contrary contained in this Act the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged child marriage restraint act 1929 is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.
Punishment for solemnizing a child marriage. A census was available to the public during the summer of in order to give a status report of how the bill was doing: It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches.
Punishment for solemnising a child marriage — 1 Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage rewtraint not a child-marriage.
Feminism and Nationalism in Late-Colonial India”.
Child Marriage Restraint Act
Skip to main content Search. Though their liability under the criminal law is that of the abetters, but it should not preclude their direct responsibility for the offence and suitable amendment should be child marriage restraint act 1929 in the Act to punish them as principal offenders. It came into effect six months later on April 1, and it applies to all of British India, not just to Hindus.
The British government did not wish to lose their support, hence they completely avoided implementing this and similar social reforms, instead focusing their attention on preventing the Indian freedom movement.
Victory for the bill can be credited to the women’s association, who presented the act as a means for India to demonstrate its commitment to modernity. Punishment for marrying a child. In the Indian social set-up a male adult can be imputed greater sense of foreseeability of the consequences of this social evil of child marriage and in this context the punishment prescribed by the law to deter them is too mild in effect specially in this era of social justice child marriage restraint act 1929 penology has become more reformative than child marriage restraint act 1929.
Jurisdiction under this Act.
The Child Marriage Restraint Act
Mode of taking cognizance of offences. Despite strong opposition from the British authorities, the legislation was passed by the Acct Indian Government which had a majority of Indians. This page was last edited on 4 Mayat The marriage under the Hindu Law is a sacrament and not a contract.
Imprisonment not to child marriage restraint act 1929 awarded for offences under section 3. Punishment for solemnizing a child marriage.
Retrieved 18 May Short title, extent and commencement. Injunction — Section 12 empowers the Magistrate to issue injunction prohibiting marriage in contravention of this Act. Preliminary inquiries into offences under this Child marriage restraint act 1929.
The child bride or the child marriage restraint act 1929 bridegroom are mere passive actors in such a marriage and the active participants are the parents, guardians or the custodians of such children. Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Taka, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.