Child Marriage Restraint Act :
Child marriage has been an issue in India for a long time. Because of its root in traditional, cultural and religious practises it has been a hard battle to fight. Child marriage is also associated with other problems like dowry and child widowhood. It is also associated with malnutrition, poor health of mothers and high fertility and hence over-population.
Section 1. Short titled, extent and commencement.
(1) This Act may be called the Child Marriage Restraint Act (1929).
(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever they may be.
(3) It shall come into force on the 1st day of April, 1939.
Section 2. Definitions.
In this Act, unless there is anything repugnant in the subject or context,
(a) “child” means a person who, if a male, is under eighteen years of age, and if a female, is under sixteen years of age;
(b) “child marriage” means a marriage to which either of the contracting parties is a child;
(c) “contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnized;
(d) “minor” means person of either sex who is under eighteen years of age,
(e) “Union Council” means the Union Council or the Town Committee constituted under the Law relating to Local Government for the time being in force.
PUNJAB AMENDMENT IN SECTION 2:
(i) at the end of clause ©, the word “and” shall be added;
(ii) the comma appearing at the end of clause (d) shall be replaced by a full stop; and
(iii) clause e shall be omitted.
Punjab Ordinance, 23 of 1971.
Section 3. Omitted by Muslim Family Laws Ordinance, 1961 (VIII of 1961 S. 12 (w.e.f. 15.07.1961).
Section 4. Punishment for male adult above eighteen years of age marrying a child.
Whoever, being a male above eighteen years of age, contracts child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Section 5. Punishment for solemnizing a child marriage.
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 rupees, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.
Section 6. Punishment for parent or guardian concerned in a child marriage.
(1) Where a minor contracts a marriage any individual having charge of the minor, whether as guardian or parent or in whatever other limit, legitimate or unlawful, who does any demonstration to advance the marriage or grants it to be solemnized, or carelessly neglects to keep it from being solemnized, should be culpable with basic detainment which may reach out to one month, or with fine which may stretch out to one thousand rupees, or with both:
Given that no lady should be punishable with imprisonment.
(2) For the purpose of this section, it should be assumed, unless and until the opposite is proved, that where a minor has contracted a child marriage, the individual having charge of such minor has carelessly neglected to keep the marriage from being solemnized.