Child Marriage Law in India: Age, Rights, Remedies

India’s child marriage law sets a clear rule: the legal age for marriage is 18 for women and 21 for men. If either person is below the legal age for marriage, the marriage is prohibited under the Prohibition of Child Marriage Act, 2006 (PCMA).

Here’s the part many people miss: under child marriage law, a minor marriage is often voidable. That means it stays on record unless the person who was a child asks the District Court to cancel it. In certain serious situations, the marriage becomes void (treated as never valid).

This is not only about punishment. Child marriage law is also about protection: safety, education, health, and child rights.

What counts as child marriage

This section clears up the most common confusion: what the law counts as a child marriage in India, and how global agencies define it for child rights work.

The Indian definition

Under PCMA, a “child” means:

• Female: under 18 years
• Male: under 21 years

A “child marriage” is any marriage where either party is a child at the time of marriage.

The global definition (UNICEF)

UNICEF defines child marriage as a formal marriage or informal union before the age of 18 (see UNICEF’s child marriage overview). The reason is simple: a child cannot give free, informed consent as an adult can, and the harm hits education, health, and child rights.

Legal age for marriage in India

Here’s a quick, practical table you can use.

Law/framework	Legal age for marriage	What it covers
Hindu Marriage Act, 1955 (Section 5)	Groom 21, Bride 18	Age condition for Hindu marriages
Special Marriage Act, 1954 (Section 4)	Male 21, Female 18	Civil marriage, including interfaith/inter-caste
PCMA, 2006 (child marriage law)	Male 21, Female 18	Prevention, protection, penalties, and court remedies

These laws work together. Personal laws talk about marriage conditions. Child marriage law (PCMA) focuses on prevention and enforcement.

Child marriage in India: what the numbers show

The long-term trend has improved, but the issue still exists.

• NFHS data shows a sharp decline in women aged 20–24 who married before 18 (see NFHS-5 (2019–21) national factsheet, MoHFW): 47% (NFHS-3, 2005–06) → 27% (NFHS-4, 2015–16) → 23.3% (NFHS-5, 2019–21).
• A Government of India note citing NFHS-5 highlights higher-than-average prevalence in states such as Andhra Pradesh, Assam, Bihar, Jharkhand, Rajasthan, Telangana, Tripura, and West Bengal.

Why the real number may be higher

Child marriage often gets hidden as “community ceremonies” or marriages done without registration. Families may fear stigma or legal action. That underreporting is one reason child marriage law stresses prevention and reporting mechanisms.

Child marriage law: what PCMA 2006 actually provides

PCMA is the core child marriage law in India. It aims to:

1. Stop child marriage before it happens
2. Protect the child (rescue, safety, rehabilitation)
3. Punish people who conduct or enable it

Let’s break down the most useful parts in plain language.

1) Is a child marriage automatically invalid?

Not always.

• Section 3 (Voidable): A child marriage is usually voidable at the option of the person who was a child at the time of marriage.
• If the person is still a minor, a guardian/next friend can file the petition with the Child Marriage Prohibition Officer (CMPO).
• The petition must be filed within two years of attaining majority.

What this really means: if no one approaches the court, the marriage can continue on paper. This is why early action matters.

2) When can the marriage be treated as void?

PCMA provides situations where a minor marriage becomes void (null from the start). This includes cases involving kidnapping/enticement from guardianship, force, sale, trafficking, or use for immoral purposes (Section 12).

3) Maintenance, residence, custody, and legitimacy

Child marriage law is not only about penalties.

• Section 4: The court can order maintenance and also provide residence support to the female contracting party.
• Section 5: The court can decide custody and maintenance for children from the marriage. The child’s welfare is the top priority.
• Section 6: Children born from a child marriage are treated as legitimate, even if the marriage is later annulled.

This is crucial for child rights. It protects children and prevents a second layer of harm. If the marriage has resulted in a child and separation becomes necessary, our guide on child custody in India explains how courts decide custody and visitation.

4) Penalties: who can be punished

PCMA punishes multiple actors. It does not target only the couple.

• Section 9: An Adult male (above 18) who contracts a child marriage
• Section 10: Anyone who performs, conducts, directs, or abets the ceremony
• Section 11: Anyone who promotes or permits it (often parents/guardians, organisers)

Depending on the facts, punishment can involve imprisonment and a fine.

5) Injunctions: stopping a wedding before it happens

This is one of the strongest tools under the child marriage law.

• Section 13: Courts can issue an injunction to stop a child marriage.
• Section 14: If a marriage happens despite an injunction, it can be treated as void.

Personal laws and criminal risk: the point families overlook

Some families assume “religious validity” protects them. It does not.

Also, sexual activity with a spouse who is under 18 creates serious criminal exposure under child protection laws like the POCSO Act. In Independent Thought v. Union of India (2017), the Supreme Court read down the marital exception and held that sexual intercourse with a wife below 18 amounts to rape, even within marriage. That ruling links child marriage to strict criminal liability.

This is another reason why the legal age for marriage and child rights matters in real life, not only in theory.

What about raising the legal age for marriage to 21 for women?

You may have seen headlines. Here’s the clean status update.

• The Prohibition of Child Marriage (Amendment) Bill, 2021, proposed raising the minimum age for women to 21 and increasing the time window for annulment, among other changes.
• A separate Prohibition of Child Marriage (Amendment) Bill, 2025, also appears as an introduced bill document.

As of the current enforceable legal position, the legal age for marriage remains 18 for women and 21 for men, unless Parliament passes a change and it comes into force.

Why child marriage happens

To reduce child marriage, we need to name the drivers clearly.

• Poverty: marriage is wrongly seen as “security.”
• Gender inequality: girls have less say, fewer choices
• Social pressure: fear of gossip, honour stories, community control
• Low value placed on girls’ education: dropout becomes normal
  In some families, early marriage is also linked to dowry pressure and abuse. If dowry demands or harassment are involved, see our guide on dowry harassment laws, punishment, and your rights.

These causes create a direct threat to child rights: education, health, dignity, and safety.

Consequences: what child marriage takes away

This is where the impact becomes real: child marriage affects health, education, safety, and long-term stability for the child and the family.

Health impacts

Child marriage increases the risk of early pregnancy, maternal and newborn complications, poor nutrition outcomes, and vulnerability to violence.

Social and economic impacts

It often leads to:

• loss of education
• limited earning ability and financial dependence
• A higher risk of domestic violence
• intergenerational poverty

When you read this list, you can see why child marriage law sits at the intersection of public health and child rights.

Prevention and empowerment: what actually works

Awareness alone does not work. A mix of enforcement and support works.

1. Keep girls in school
   Education is one of the strongest protective factors. It delays marriage beyond the legal age for marriage age.
2. Community accountability
   When organisers face real action (injunctions, FIRs, penalties), community-level behaviour changes.
3. Financial and skill support
   Scholarships, conditional cash transfers, and skill programs reduce the pressure that drives early marriage.

How to stop child marriage

If a child marriage is being planned in your family, neighbourhood, school, or village, you can act fast.

Step 1: Get urgent help

• CHILDLINE 1098 is widely used as a child emergency helpline. In some states, it is integrated with ERSS-112, so authorities can route help quickly.

Step 2: Report it online

• The Ministry of Women and Child Development runs the Bal Vivah Mukt Bharat portal that includes a reporting option.

Step 3: Contact local enforcement

• Reach out to the Child Marriage Prohibition Officer (CMPO)
• Contact the local police or the District Child Protection Unit
• Seek a court injunction to stop the ceremony

Step 4: Use child-rights complaint channels

• File a complaint through NCPCR’s eBaalNidan.

Step 5: Preserve basic proof (safely)

• invitation card, venue, date/time
• messages/announcements
• proof of age (school record, birth certificate)

Don’t confront a crowd. Focus on safe reporting and legal action that protects the child.

FAQs people commonly ask about child marriage law

If a child marriage is being forced on someone, it can feel like you are fighting relatives, community pressure, and fear of backlash all at once.

Here’s the thing: child marriage law exists to protect the child, not to shame the family. With the right steps, you can stop the marriage, secure safety, and protect education and future choices.

Talk to Prashastha Legal

If you need urgent help or clarity on the safest legal route (reporting, injunctions, annulment, protection orders), contact Prashastha Legal for a confidential consultation. We will guide you with a plan that prioritises the child’s safety and child rights.