Crackdown on Child Marriages:

Why in News ?

Over the last few days Assam government has arrested 2763 people in the State in a massive Crackdown against Child Marriages in the State.

Under What Law?

The men who married girls below 14 years of age would be booked under Protection Of Children From Sexual Offence(POCSO) Act, 2012 and those who married girls between 14-18 years of age would be booked under The Prohibition Of Child Marriage (PCMA) Act, 2006.

POCSO Act 2012: 

• The POCSO Act of 2012 criminalises sex between a minor child and an adult. The law does not recognize minor's consent as valid.
• Sexual Assault under POCSO is non - bailable, cognisable Offence. Police can make arrest without warrant.
• Sexual Assault, that is not penetrative, carries a minimum imprisonment of 3 years that may be extended to 5 years and a fine.
• Under Section 19, the Act imposes a "mandatory reporting obligation" which requires every person who suspects or has knowledge of a Sexual Offence being committed against a Child must report it the Police or The Special Juvenile Unit.
• Failure to do so will result in imprisonment , a fine or both.

PCMA Act, 2006:

• It says that Child marriages are illegal but not void. They are voidable at the minor's choice if he/she petitions the Court to declare marriage null and void.
• The Act specify 18 as the minimum marriageable age for women, while for men it is 21 years.
• Punishment- Rigorous imprisonment which may extend to 2 years or with a fine which may extend to one lakh rupees or both.
• It may also extends to anyone who performs, conducts, directs, or abets any Child marriage.

Central Government's Stand ?

In 1978, the government increased marriageable age to 18 years for girls and 21 for men.

In 2008, the report of Law Commission, the minimum marriageable age for both genders should be 18 years of age.

In 2020, the Jaya Jaitley Commission was set up by Ministry Of Women And Child Development which also recommended the same in the light of the factors like reproductive health, education etc.

In 2021, The Cental Government sought to introduce The Prevention Of Child Marriage(Amendment) Bill 2021 to raise the marriageable age for women across all religions to 21 superseding all existing laws and Personal Laws but the Law hasn't been Passed yet.

International Laws and Conventions:

• UN Convention On Consent to Marriage (1962)
• Minimum Age for Marriage and Registration Of Marriages (1962)
• UN Convention On the Elimination Of All Forms Of Discrimination Against Women(1979)
• Beijing Declaration(1995)

International Laws and Conventions do mandate Countries to form a minimum legal age for marriage. However Child Marriages are still Prevalent in India.