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Bill LS
Bill LS
Bill LS
BILL
further to amend the Prohibition of Child Marriage Act, 2006.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as
follows:—
1. (1) This Act may be called the Prohibition of Child Marriage (Amendment) Short title and
Act, 2021. commencement.
5 (2) This section and section 2, clause (ii) of section 3, section 5 and the amendment to
the enactment mentioned against serial number 5 of the Schedule shall come into force on the
date this Act receives the assent of the President; and the other provisions shall come into
force on the date of completion of two years from the date of assent and any reference in any
such provision to the commencement of this Act shall be construed as a reference to the
10 coming into force of that provision.
6 of 2007. 2. In section 1 of the Prohibition of Child Marriage Act, 2006 (hereinafter referred to as Amendment
the principal Act), in sub-section (2), after the words “citizens of India without and of section 1.
beyond India”, the words, figures and brackets “notwithstanding anything contrary
15 of 1872. or inconsistent therewith contained in the Indian Christian Marriage Act, 1872; the Parsi
3 of 1936. 1 5 Marriage and Divorce Act, 1936; the Muslim Personal Law (Shariat) Application Act, 1937;
26 of 1937.
2
the Special Marriage Act, 1954; the Hindu Marriage Act, 1955; and the Foreign Marriage 43 of 1954.
Act, 1969, or any other custom or usage or practice in relation to marriage, under any other 25 of 1955.
33 of 1969.
law for the time being in force” shall be inserted.
Amendment 3. In section 2 of the principal Act,—
of section 2.
(i) for clause (a), the following clause shall be substituted, namely:— 5
‘(a) “child” means a male or female who has not completed twenty-one
years of age;’;
(ii) in clause (b), after the words “is a child”, the words “notwithstanding anything
to the contrary or inconsistent therewith contained in any other law for the time being
in force, including any custom or usage or practice governing the parties” shall be 10
inserted.
Amendment 4. In section 3 of the principal Act, in sub-section (3), for the words "two years", the
of section 3. words "five years" shall be substituted.
Insertion of 5. After section 14 of the principal Act, the following section shall be inserted,
new section
namely:— 15
14A.
Act to have “14A. The provisions of this Act shall have effect, notwithstanding anything
overriding contrary or inconsistent therewith contained in any other law for the time being in
effect.
force, including any custom or usage or practice governing the parties.”.
Amendments 6. The enactments specified in the Schedule shall be amended in the manner mentioned
of certain therein. 20
enactments.
THE SCHEDULE
(See section 6)
opportunity to one and all in our collective efforts and inclusive growth, and to make
effective other provisions immediately.
4. The Bill seeks to achieve the above objectives.
5
ANNEXURE
EXTRACTS FROM THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
(6 OF 2007)
Short title, 1. (1) * * * * *
extent and
commencement. (2) It extends to the whole of India except the State of Jammu and Kashmir; and it
applies also to all citizens of India without and beyond India:
Provided that nothing contained in this Act shall apply to the Renoncants of the
Union territory of Pondicherry.
* * * * *
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) ‘‘child’’ means a person who, if a male, has not completed twenty-one years
of age, and if a female, has not completed eighteen years of age;
(b) "child marriage" means a marriage to which either of the contracting parties
is a child;
* * * * *
————
EXTRACT FROM THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
(15 OF 1872)
* * * * *
PART VI
MARRIAGE OF INDIAN CHRISTIANS
On what 60. Every marriage between Indian Christians applying for a certificate, shall, without
conditions the preliminary notice required under Part III, be certified under this Part, if the following
marriages of
conditions be fulfilled, and not otherwise:—
Indian
Christians (1) the age of the man intending to be a married shall not be under twenty-one years,
may be
certified. and the age of the woman intending to be married shall not be under eighteen years;
* * * * *
————
EXTRACTS FROM THE PARSI MARRIAGE AND DIVORCE ACT, 1936
(3 OF 1936)
* * * * *
II.—MARRIAGES BETWEEN PARSIS
* * * * *
6
7
SCHEDULE II
(See section 6)
Certificate of Marriage
————
EXTRACT FROM THE SPECIAL MARRIAGE ACT, 1954
(43 OF 1954)
* * * * *
CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES
4. Notwithstanding anything contained in any other law for the time being in force Conditions
relating to
relating to the solemnization of marriages, a marriage between any two persons may be
solemnization
solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, of special
namely:— marriages.
* * * * *
(c) the male has completed the age of twenty-one years and the female, the age
of eighteen years;
* * * * *
————
EXTRACTS FROM THE HINDU MARRIAGE ACT, 1955
(25 OF 1955)
* * * * *
HINDU MARRIAGES
5. A marriage may be solemnized between any two Hindus, if the following conditions Conditions for
are fulfilled, namely:— a Hindu
marriage.
* * * * *
(iii) the bridegroom has completed the age of twenty-one years and the bride,
the age of eighteen years at the time of the marriage;
* * * * *
8
* * * * *
CHAPTER II
SOLEMNIZATION OF FOREIGN MARRIAGES
4. A marriage between parties one of whom at least is a citizen of India may be Conditions
solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time relating to
solemnization
of the marriage, the following conditions are fulfilled, namely:—
of foreign
marriages.
* * * * *
(c) the bridegroom has completed the age of twenty-one years and the bride the
age of eighteen years at the time of the marriage, and
* * * * *
LOK SABHA
————
BILL
further to amend the Prohibition of Child Marriage Act, 2006.
————
MGIPMRND—1653LS(S3)—20-12-2021.