Child Marriage and abortions - Law and Customs

Marriage and Abortions : Customs and laws

THE CHILD MARRIAGE RESTRAINT ACT, 1929 ,The Medical Termination Of Pregnancy Act, 1971 ,THE PROHIBITION OF CHILD MARRIAGE ACT, 2006

	Child Marriage laws	abortion laws		protection of children laws	law commission
1929	THE CHILD MARRIAGE RESTRAINT ACT, 1929
1971		The Medical Termination Of Pregnancy Act, 1971
1980					84th  Report
2006	THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
2012				THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES 2012
2016	State Legislature of Karnataka (in 2016) Section 3 (1A) of the Prohibition of Child Marriage Act, 2006 thereby declaring that henceforth every child marriage that is solemnized is void. Hence any marital relationship between a man and a girl aged between 15 to 18 years shall be void and it will make sexual intercourse as an offence defined as rape in POCSO Act."
2017	Apex Court PIL Independent Thought Vs Union of India   IPC 375 : (Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape
2020	Prohibition of Child Marriage (Haryana Amendment Bill, 2020)
2020

Customs and Law ----

.Customs have an overriding effect on the law otherwise Hindu law does prescribe the minimum age as 18 and 21 for girls and boys respectively, whereas Muslim law prescribes the minimum age as that at which one attains puberty. This confers the status of husband and wife upon the parties to the marriage and the marriages are not void but merely voidable

There is an option of repudiation available to minor wives  under Section 13(2)(iv) of Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 wherein she can, after attaining the age of 15 years and before attaining the age of 18 years, exercise the option to repudiate the marriage

Under Section 3(3) the Prohibition of child Marriage Act, 2006 both the boy as well as the girl have the right to opt out of marriage until two years after attaining majority i.e. up to the age of 20 years for a girl and 23 years for the boy.