GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO. 4059
TO BE ANSWERED ON 04.01.2019
CHILD MARRIAGE
4059. SHRI VISHNU DAYAL RAM:
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:
- (a) whether it is a fact that although child marriage is prohibited and constitute as an offence, the Hindu Marriage Act recognises it as voidable, but valid;
- (b) if so, the details thereof;
- (c) the total number of child marriages reported across the country during the last three years and the current year and recognised as void; and
ANSWER
MINISTER OF STATE IN THE MINISTRY OF
WOMEN AND CHILD DEVELOPMENT
(DR. VIRENDRA KUMAR)
(a) & (b) Presently, as per the Prohibition of Child Marriage Act, 2006 (PCMA), any marriage where either of the contracting party is a child at the time of the marriage is voidable at the option of the contracting parties if they approach the court within two years of attaining their majority.
(c) Prevalence data of Child Marriage is not available on annual basis. This is collected in Census and National Family Health Survey (NFHS), which are conducted periodically every few years. Data on the reporting of child marriage is available on annual basis from National Crime Records Bureau (NCRB). Due to improved awareness, these reports have increased from 2014, 2015 to 2016. As per the National Crime Records Bureau (NCRB) data, the State-wise Cases Registered (CR) under the Prohibition of Child Marriage Act, 2006 during 2014, 2015 and 2016 are at Annexure-I.
(d) The Government of India proposes to amend “The Prohibition of Child Marriage Act, 2006”. The proposed amendments would declare child marriage void ab initio instead of being voidable at the option of the contracting parties who were child at the time of marriage.
Annexure -I
Annexure referred to in reply to Part (c) to the Lok Sabha Un-starred Question No. 4059 for 04.01.2019 regarding ‘Child Marriage’
No. of Cases Registered (CR) under the Prohibition of Child Marriage Act, 2006 during 2014, 2015 and 2016
| Sl. No. | State/UT |
2014
|
2015
|
2016
|
|
1
|
Andhra Pradesh |
16
|
15
|
19
|
|
2
|
Arunachal Pradesh |
0
|
0
|
0
|
|
3
|
Assam |
4
|
14
|
23
|
|
4
|
Bihar |
10
|
0
|
0
|
|
5
|
Chhattisgarh |
2
|
6
|
8
|
|
6
|
Goa |
0
|
0
|
0
|
|
7
|
Gujarat |
16
|
9
|
12
|
|
8
|
Haryana |
15
|
14
|
14
|
|
9
|
Himachal Pradesh |
4
|
1
|
0
|
|
10
|
Jammu & Kashmir |
0
|
0
|
0
|
|
11
|
Jharkhand |
1
|
1
|
4
|
|
12
|
Karnataka |
44
|
35
|
51
|
|
13
|
Kerala |
19
|
13
|
8
|
|
14
|
Madhya Pradesh |
15
|
9
|
9
|
|
15
|
Maharashtra |
14
|
24
|
16
|
|
16
|
Manipur |
0
|
0
|
0
|
|
17
|
Meghalaya |
0
|
0
|
0
|
|
18
|
Mizoram |
0
|
0
|
0
|
|
19
|
Nagaland |
0
|
0
|
0
|
|
20
|
Odisha |
0
|
1
|
15
|
|
21
|
Punjab |
2
|
5
|
8
|
|
22
|
Rajasthan |
5
|
6
|
12
|
|
23
|
Sikkim |
0
|
0
|
0
|
|
24
|
Tamil Nadu |
47
|
77
|
55
|
|
25
|
Telangana |
13
|
15
|
19
|
|
26
|
Tripura |
1
|
2
|
1
|
|
27
|
Uttar Pradesh |
10
|
4
|
3
|
|
28
|
Uttarakhand |
0
|
1
|
1
|
|
29
|
West Bengal |
37
|
40
|
41
|
|
30
|
A & N Islands |
0
|
1
|
1
|
|
31
|
Chandigarh |
0
|
0
|
0
|
|
32
|
D & N Haveli |
0
|
0
|
0
|
|
33
|
Daman & Diu |
0
|
0
|
0
|
|
34
|
Delhi |
2
|
0
|
1
|
|
35
|
Lakshadweep |
0
|
0
|
0
|
|
36
|
Puducherry |
3
|
0
|
5
|
| Total |
280
|
293
|
326
|
*****