PROHIBITION OF CHILD MARRIAGES IN INDIA: LOOPHOLES AND RECOMMENDATIONS
Downloads
Keywords:
Child Marriage, Loopholes, Recommendations, Prohibition of Child Marriage ActAbstract
Child marriages in India are a growing concern for various reasons. A critical analysis shall be done regarding the legislations covering the concerns by pointing out loopholes and suggesting recommendations for the same. The Prohibition of Child Marriages Act was implemented in the year 2006 to curb all the discrepancies found in the Child Marriage Restraint Act, 1929. This new Act is armed with enabling provisions to prohibit for child marriage, protect and provide relief to victim and enhance punishment for those who abet, promote or solemnize such marriage. This Act also calls appointment of Child Marriage Prohibition Officer for implementing this Act. The Act consists of 21 Sections and extends to all over India except Jammu and Kashmir and all those who reject local laws and accept French laws in the Union Territory of Pondicherry. However, it is evident that certain provisions in this Act are contradictory to other laws such as the Indian Penal Code, 1860. According to Indian laws, a marriage is said to be that of a child marriage if the Bridegroom is below the age of 21 or if the Bride is below the age of 18. Child Marriages are voidable as per the Indian laws and are not void ab initio. The objective of this research paper is to elaborate this issue by mentioning the loopholes and shortcomings found in the Prohibition of Child Marriage Act. A detailed analysis of the Prohibition of Child Marriages Act, 2006, its amendments by the Karnataka State Legislature and the 205th Law Commission Report shall also be done. Finally, this research paper shall produce various recommendations by suggesting certain changes be made to the legislatures and policies regarding child marriages in India.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Abhinav Viswanath
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
