The Prohibition of Child Marriage Act, 2006 and Child Labour Prohibition and Protection Act 1986

 

è  THE PROHIBITION OF CHILD MARRIAGE ACT, 2006:

The Prohibition of Child Marriage Act, 2006 replaced the older Child Marriage Restraint Act from the British era. This new law, effective since November 1, 2007, aims to prevent child marriages. It provides protection and assistance to victims of child marriages and imposes stricter penalties on those who promote or solemnize such marriages. Additionally, the Act mandates the appointment of child marriage prohibition officers in different parts of each state. It applies across all of India and also covers “renoncants” (those who reject local laws and accept French law) in the Union territory of Pondicherry.

vSALIENT FEATURES:

♦  The prohibition of child marriage act presently allows for child marriages between a boy of under 21 years and a girl under 18 years of age.

♦  It defines a child to mean a male below 21 years at a female below 18 years.

♦  Minor is defined as a person who has not attained the age of majority as per the majority act.

♦  The legal status of child marriage is voidable if so desired by one of the parties. However, if the concern is obtained by fraud, decide or if the child is enticed away from her lawful guardians and the sole purpose is to use the child for trafficking or other immortal purposes, marriage would be void.

♦  There is also a provision for maintenance of girl child. Husband is liable to pay maintenance in case he is a major. In case the husband is also a minor, his parent would be liable to pay maintenance.

♦  It envisages preventing child marriage with punishments of rigorous imprisonment for two years and or finer Rs. 1 lakh.

♦  The Act also provides for the appointment of child marriage prohibition officer whose duties are to prevent child marriages and spread awareness.

vOFFENCES & PUNISHMENTS UNDER THIS ACT:

♦  Punishment for male adult: If an adult male who is above 18 years of age contracts child marriage, he shall be punishable with rigorous imprisonment for two years, or with fine, which may extend to 1 lakh rupees, or both.

♦  Punishment for solemnizing marriage: If a person performs contacts directs or abets any child marriage, he shall be punishable with rigorous imprisonment for two years or with fine, which may be extended to 1 lakh rupees, or both.

♦  Punishment for promoting or permitting solemnizing of marriage: Any person having charge of the child, whether parent or guardian or any other person, including member of organization or association of person who does any act to promote the passing or permit child marriage or negligently fails to prevent it from being solemnized, including attending or participating such marriages, shall be punishable with rigorous imprisonment for two years or with fine, which makes it into 1 lakh rupees or both.

♦  Offence under this act is cognizable and non bailable

♦  Marriage will be null and void in the following circumstances

·     Where minor child is taken or enticed out of the keeping of legal Guardian.

·     By force compelled or by any deceitful means induced to go from any place.

·     Is sold for purpose of marriage, and go through a form of marriage, or if the minor is married, after which the minor is sold off, or trafficked or used for immoral purposes.

vCHILD MARRIAGE PROHIBITION OFFICERS AND THEIR DUTIES:

♦  To prevent child marriage by taking action.

♦  To collect evidences for effective prosecution.

♦  To advise the local not to indulge in promoting or helping or allowing solemnization of child marriage.

♦  To create awareness of the evil of such child marriage.

♦  To sensitize the community on the issue.

♦  To furnish periodical returns and statistics when the government may direct.

♦  Such are the duties assigned by the government.

è  CHILD LABOUR PROHIBITION AND PROTECTION ACT, 1986:

       1.  Purpose and Background:

·     The Child Labour Act of 1986 aims to prevent child labor.

·     It prohibits employing children below 14 years (and in some cases, 15 years) in specific occupations.

·     However, there was no clear procedure for deciding which employments should be banned.

·     Additionally, there was no law regulating working conditions for children in many employments where they were not explicitly prohibited.

·     To address this, the Act:

§  Specifies banned occupations and processes.

§  Lays down a procedure for determining these banned areas.

§  Enhances penalties for violating child labor provisions.

§  Aims for uniformity in defining a “child” across related laws.

       2.  Enactment and Implementation:

·     The Act was passed by both Houses of Parliament.

·     It received the President’s approval on December 23, 1986.

·     Since then, it has been in force, working toward safeguarding children from exploitative work conditions.

vSALIENT FEATURES:

1.  Definition of Child: A child, according to this law, is someone who hasn’t completed their 14th year.

2.  Occupations Prohibited: Part 2 of the Act prevents children from working in specific occupations listed in Part A of the schedule. These include domestic labor, hotels, railways, construction, and more.

3.  Procedures and Sites: Children are also not allowed to work in places where specific procedures occur, like brick-making, soap manufacturing, and roof tile units.

4.  Exceptions: Workshops run by family members or government-recognized schools are exceptions.

5.  Goal: The Act aims to address a social concern by prohibiting child employment under 14 in occupations like railways, carpet weaving, and firework manufacturing.

6.  Other Prohibited Areas: Children cannot work in slaughterhouses, hazardous processes, or certain sectors like printing and cashew processing.

7.  Total Restrictions: The Act covers 13 occupations and 51 procedures.

8.  Constitutional Right: Article 24 of the Indian Constitution also prohibits child labor in industries.

9.  Purpose:

·     The Act prohibits employing children under 14 years.

·     It strictly forbids children from working in dangerous jobs or processes.

·     It covers 16 activities and 65 processes harmful to a child’s health and well-being.

10.      Consequences for Violation:

·     Breaking the law results in stiff penalties, including fines and prison sentences.

·     However, family units and training centers are exempt.

11.      Working Hours and Conditions:

·     Children cannot work between 7:00 PM and 8:00 AM.

·     Overtime is not allowed.

·     Maximum work duration is 3 hours, with a one-hour break.

The Act aims to protect children from exploitation and maltreatment in the workplace.