The Child Marriage Restraint Act is one of the important legal documents of India. It has formulated a legal system that forbids a man from marrying his underage daughter. The Child Marriage Restraint Act is framed by an act of Parliament, which grants the government the power to prohibit marriage of a minor to an adult woman. According to this law, the marriage of a minor girl to an adult man who is not her father is prohibited. This law also stipulates various other details that are crucial for the enforcement of the Child Marriage Restraint Act.
The Child Marriage Restraint Act states that girls below the age of 14 years or a male below the age of 18 who do not marry within the stipulated age and place as stipulated in the law are declared child brides. The Child Marriage Restraint Act also mentions the various other names that are used for a girl who is below 14 years of age, when she is married. These names include child ladies, prepubescent girls, junior wives or adolescent wives, and small girls. All these names are meant to highlight the social status that is possessed by women who are below the legal age limit. All these details were included to curb sexual abuse against children who are below the legally specified age limit.
The Child Marriage Restraint Act defines different types of marriages that are recognized in Bangladesh. There are three categories that are recognized in Bangladesh. They are Muslim, Hindu and Christian. Each of these categories is empowered to define their own special cases and proceedings under the Child Marriage Restraint Act. The main difference between the different types of marriages is that the marriages that are defined under the Hindu and Muslim laws do not include any reference to the age of the participants. The Muslim and Christian child marriage restraint laws clearly state that a minor girl must be married before reaching the puberty age and this also applies to a male child.
The first article of the Child Marriage Restraint Act outlines the different types of marriages that are recognized in Bangladesh. This includes the marriages which take place in customary law between adults who are related by marriage or from one sex and the same gender. The second article covers the marriages which take place outside customary law and are registered with the Secretary of State or a government authority. The third article covers the child marriage restraint acts which are empowered by the Bangladesh government and are listed in the annexure of the law books.
The Child Marriage Restraint Act of 1929 makes it mandatory for all the legally married women to register with the government authority at least six months before the wedding day. The special provision for Hindu girls who want to get married to Hindu men is mentioned in the same Act. This special provision for Hindu girls is mentioned in the preamble of the Act. The special provisions relating to Hindu girls are mentioned in the preamble of the Child Marriage Restraint Act 1929. The marriageable age of the child is defined as the age at which the girl attains puberty.
The Child Marriage Restraint Act sets out the parameters under which a girl can get married. The age of the girl who can get married is laid down in the preamble of the Act. It is also specified what happens to the girl if she cannot get married on the stipulated age. If she is below eighteen years, the court has the power to enter a temporary restraining order against the parents and specify a special provision for her welfare.