Child Marriage Restraint Act 1929: Aims, Features, Significance & More| UPSC Notes

The Child Marriage Restraint Act, also known as the Sharda Act, was enacted in 1929 in British India to restrict and prevent the practice of child marriage. The Act aimed to address the social evil of child marriage by setting a minimum age for marriage and imposing penalties for those involved in solemnizing or facilitating child marriages.

The Child Marriage Restraint Act 1929 UPSC is one of the most important topics for the UPSC IAS Examination.

In this article on the Child Marriage Restraint Act 1929 UPSC, we shall discuss its background, features, and significance. This will be very useful for aspirants in their Modern History Preparation in the UPSC Prelims Exam.

You can also register for the best coaching for history optional and begin your UPSC IAS preparation journey with Testbook.

Also, study the Notes on Simon Commission from the linked article.

History of Child Marriages in India

Child marriage has a long history in India, dating back to ancient times. In ancient India, the ideal age of marriage for girls was between 8 and 12 years old.

During the medieval period, child marriage became even more common, particularly among Muslims.

During the British colonial period, there were many attempts to ban child marriage. However, these attempts were met with resistance from traditional and religious groups.

After independence, the Indian government passed the Child Marriage Restraint Act in 1929. This law raised the legal age of marriage for girls to 14. However, the law was difficult to enforce, and child marriage remained common.

In 1978, the Child Marriage Restraint Act was amended to raise the legal age of marriage for girls to 18. This was a significant step forward, but child marriage remains a problem in some parts of India to this day.

Know more about the United Nations Convention on the Rights of the Child!

Current Status of Child Marriage in India

Despite the existence of the Child Marriage Restraint Act, child marriage continues to be a prevalent issue in India. According to the National Family Health Survey (NFHS-4) conducted in 2015-16, around 26.8% of women aged 20-24 reported being married before the legal age of 18. The prevalence of child marriage varies across different states in India. Higher rates are observed in rural areas, economically disadvantaged communities, and certain cultural or religious groups.

Effects of Child Marriage

Child marriage poses significant health risks to young girls. This includes complications during pregnancy and childbirth, higher rates of maternal mortality, and increased vulnerability to sexually transmitted infections.

Child marriage often results in the discontinuation of education for girls. This limits their opportunities for personal development and economic empowerment. Girls who marry early are more likely to face economic challenges. They may lack the necessary skills and education to secure employment and contribute to their household income.

Child marriage perpetuates gender inequality by reinforcing traditional gender roles and limiting girls' autonomy and decision-making power.

Read the article on NCPCR national commission for protection of child rights!

What is Child Marriage Restraint Act 1929?

The Child Marriage Restraint Act 1929 is also known as the Sharda Act. It is an Indian law that prohibits the marriage of children under the age of 18. The Act was passed in response to concerns about the harmful effects of child marriage. This includes high maternal and infant mortality rates, low educational attainment, and increased risk of domestic violence.

Background of Child Marriage Restraint Act 1929

In the past, there were several attempts to pass laws to determine the minimum age for consent in India, but all of them were unsuccessful. To address this issue, the Joshi Committee was formed to recommend the appropriate age for marriage and consent for both males and females in India.

Different organizations like the All India Women's Conference, Women's Indian Association, and National Council of Women in India supported raising the age for marriage and consent, and they expressed their views to the Joshi Committee.

Muslim women also advocated for increasing the age limit for marriage despite facing opposition from Muslim religious scholars. Eventually, on 26 June 1929, the Joshi Committee presented its report, which the Imperial Legislative Council later approved on 28 September 1929. The report became law on 1 April 1930 after receiving the approval of Lord Irwin, the Viceroy of India at that time.

This law is known as the Child Marriage Restraint Act, commonly referred to as the Sharda Act.

Study the NCERT Notes on the Ryotwari and Mahalwari System here.

Aim and Objective of Child Marriage Restraint Act 1929

The objectives of the Child Marriage Restraint Act 1929 are as follows:

• The primary objective of the Act is to prevent the solemnization of marriages involving underage children.
• The Act aims to protect the rights and well-being of children by prohibiting their marriage at a young age. 
• The Act encourages children's education by discouraging child marriage. It recognizes that early marriages often hinder educational opportunities for children, especially girls.
• It seeks to ensure that individuals entering into marriage can give informed consent, thereby safeguarding their rights and autonomy.
• The Act establishes legal consequences for those who solemnize, arrange, or participate in child marriages. It aims to deter such practices by imposing penalties and punishments.
• It aims to promote a shift in societal attitudes and practices toward recognizing the importance of a child's well-being and development.

Know more about the Tamil Nadu State Policy for Children 2021!

Features of the Child Marriage Restraint Act 1929

• The Child Marriage Restraint Act 1929, sets the minimum age of marriage as 18 years for females and 21 years for males, aiming to prevent underage marriages.
• It imposes penalties on those who perform, take part in, or facilitate child marriages. This includes imprisonment and fines, to deter such practices.
• Marriages solemnized in violation of the Act are voidable at the option of the minor, providing legal recourse for those subjected to underage marriages.
• The Act allows for exceptions in certain circumstances, such as where the marriage is contracted by a minor with the consent of the appropriate authority specified in the law.
• Officials, including magistrates and police officers, are empowered to prevent and report instances of child marriages, ensuring enforcement of the Act.
• The Act emphasizes the importance of raising awareness about the harms of child marriage and promoting education, especially for girls, to empower them and prevent underage unions.
• The Act has undergone amendments over the years to strengthen its provisions and address emerging challenges related to child marriage, reflecting evolving societal norms and legal standards.

Significance of the Child Marriage Restraint Act 1929

The Child Marriage Restraint Act 1929 is a landmark legislation in India. It has played a significant role in reducing the prevalence of child marriage and protecting the rights of children. Here are some of the key significances of the Act:

• It raised the legal age of marriage for girls from 14 to 18. This was a significant step towards ensuring that girls have the opportunity to complete their education. It ensures that they reach their full potential before getting married.
• It prohibited child marriage irrespective of the religion or community of the parties involved. This protected all children from the harmful effects of child marriage, regardless of their background.
• It imposed penalties on those who perform, conduct, or direct child marriages. This helped to deter people from engaging in this practice.
• It raised awareness about the harms of child marriage and the importance of girls' education. This created a supportive environment for girls and their families to choose to delay marriage until they were ready.

Know more about child labour in India!

Limitations of the Child Marriage Restraint Act 1929

The Act faces challenges in terms of implementation and enforcement, particularly in remote and marginalized communities.

• Deep-rooted social norms, customs, and cultural traditions often contribute to the persistence of child marriage. This makes it difficult to eradicate solely through legal measures.
• The lack of accurate birth registration systems poses a challenge in verifying the age of individuals. This makes it easier for child marriages to go unnoticed and unaddressed.
• Insufficient awareness and education about the harmful consequences of child marriage among communities, parents, and potential victims hinder the effectiveness of the Act.

Check out the test series for the UPSC IAS Exam here.

Attempt the Multiple Choice Questions on Modern History here!

We hope that all your doubts regarding the Child Marriage Restraint Act of 1929 will be cleared after going through this article. You can check out our UPSC Online Coaching and download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.