ALL INDIA LEGAL FORUM
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Date - 09.07.2020
Day - Day 10
Legal Legislation
CHILD MARRIAGE RESTRAINT ACT, 1929
INTRODUCTION
The Child Marriage Restraint Act, 1929 is an Act that was passed on the 28th of September
1929 and came into effect on the 1st of April 1930 i.e., six months after the Act was passed.
This Act is popularly known as the Sarda Act after the name of its sponsor, Harbilas Sarda.
This Act was the first issue of social reform which was taken up by an organized group of
women in India. It fixed the age of marriage for girls at 14 years and boys at 18 years which
was later amended to be 18 years and 21 years respectively.
PURPOSE OF THE ACT
The Child Marriage Restraint Act, 1929 was enacted with the aim to show the world that
India as a country is serious about social reforms. The main purpose of passing this Act was
to take a step towards the protection of children from various kinds of consequences of child
marriage such as human rights violation, sexual exploitation, denial of basic rights to a
human being, subjection to physical, mental & emotional trauma, exposure to high-risk
diseases, and sexual exploitation.
EXPLANATION OF SECTIONS
Section 1 → Short title, extent and commencement
This section states that this Act applies to the whole of India and all its citizens whether
within the borders of the country or outside the country. It further states that this Act shall be
named as the Child Marriage Restraint Act, 1929, and come into force on the 1st of April
1930.
Section 2 → Definitions
This section defines the meaning of the terms, child, child marriage, contracting party, and
minor.
(a) The term ‘child’ means any person or individual who has not attained-
● the age of 21 years, in case of a male; and
● the age of 18 years, in case of a female;
(b) The term ‘child marriage’ refers to a marriage in which either of the parties is a child;
(c) The term ‘contracting party’ refers to either of the parties whose marriage is to be
solemnized;
(d) The term ‘minor’ includes any person of any gender who is under the age of 18
years.
Section 3 → Punishment for male adult below twenty-one years of age marrying a
child
