Don’t punish a child for marrying a female adult: SC
‘Child Marriage Act is meant for punishing male adult’
04/01/2020, LEGAL CORRESPONDENT,NEW DELHI
The anti-child marriage law does not intend to punish a male aged between 18 and 21 years for marrying a “female adult,” the Supreme Court held in a recent judgment.
A Bench led by Justice Mohan M. Shantanagoudar was interpreting Section 9 of the Prohibition of Child Marriage Act, 2006, which says: “whoever, being a male adult above 18 years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.”
The court said neither does the provision punish a child for marrying a woman nor a woman for marrying a male child. Its sole objective is to punish a man for marrying a minor girl.
The case at hand concerned a boy who married a 21-year-old woman when he was 17 years old. The Punjab and Haryana High Court had set aside its own order providing protection to the couple, and initiated prosecution against the boy for contracting a child marriage. The Supreme Court set aside the HC order, saying the law was not to punish a child for contracting a child marriage.
‘Child Marriage Act is meant for punishing male adult’
04/01/2020, LEGAL CORRESPONDENT,NEW DELHI
The anti-child marriage law does not intend to punish a male aged between 18 and 21 years for marrying a “female adult,” the Supreme Court held in a recent judgment.
A Bench led by Justice Mohan M. Shantanagoudar was interpreting Section 9 of the Prohibition of Child Marriage Act, 2006, which says: “whoever, being a male adult above 18 years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.”
The court said neither does the provision punish a child for marrying a woman nor a woman for marrying a male child. Its sole objective is to punish a man for marrying a minor girl.
The case at hand concerned a boy who married a 21-year-old woman when he was 17 years old. The Punjab and Haryana High Court had set aside its own order providing protection to the couple, and initiated prosecution against the boy for contracting a child marriage. The Supreme Court set aside the HC order, saying the law was not to punish a child for contracting a child marriage.
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