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Introduction
Child marriage remains a persistent issue in India, despite multiple legal safeguards. The Hindu Marriage Act, 1955, was enacted to codify marriage laws among Hindus, yet when it comes to child marriage, the Act's provisions remain ambiguous. A key area of concern is the role of consent in child marriages and the legal consequences of such unions under the Hindu Marriage Act (HMA) 1955.

The Hindu Marriage Act was introduced to codify and regulate the institution of marriage among Hindus, Sikhs, Jains, and Buddhists. While the Act sets the minimum legal age of marriage as 21 years for men and 18 years for women, it does not explicitly declare a child marriage void. Instead, such marriages are considered voidable, leading to a grey area in both legality and enforceability.

A particularly troubling aspect is the ambiguity surrounding the concept of consent in child marriages. Can a minor legally consent to marriage? What happens when the union is solemnized under customary Hindu practices despite legal age restrictions? These questions expose critical gaps between the HMA and the Prohibition of Child Marriage Act, allowing child marriage to persist under the legal radar.

History of Child Marriage in Ancient India

Child marriage was not originally a part of early Indian society. In the Early Vedic Period, marriages generally took place after puberty, and girls were allowed to receive education. Child marriage was rare and not a religious requirement during that time.

As society progressed into the Later Vedic and Epic Period, the age of marriage began to decline. Texts like Manusmriti started to promote early marriage for girls, linking it with maintaining family honour and purity.

In the Medieval Period, child marriage became a widespread social custom. This shift was influenced by frequent invasions, increased social insecurity, the rise of patriarchal systems, and stricter control over women’s sexuality and movement.

During the Colonial Period, British administrators documented the prevalence of child marriage in India. Indian social reformers actively campaigned against it. Laws like the Age of Consent Act of 1891 and the Child Marriage Restraint Act of 1929 were introduced to address the issue.

In Modern India, child marriage is recognized as a violation of rights. The Prohibition of Child Marriage Act, 2006 was enacted to criminalize and prevent child marriages. Today, the legal age for marriage is 18 for girls and 21 for boys.

In conclusion, child marriage evolved over time due to changing social, religious, and political factors. It was not an original Vedic practice, but developed through centuries of cultural shifts and external influences.

Legal Framework Around Age and Consent

According to Section 5(iii) of the Hindu Marriage Act, a valid marriage requires that:

• “The bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage.”

However, the Act does not render a marriage void if the age requirement is not met. Instead, under Section 13(2)(iv), a minor girl who was married before 15 may seek a divorce after turning 15 but before turning 18. This creates a legal loophole: child marriages are not void, merely voidable at the option of the minor party.

Consent: Legally Invalid for Minors

In law, a minor cannot give valid consent. Therefore, any marriage involving a minor lacks genuine consent, making it morally and ethically problematic. Despite this, the marriage is still considered legally valid under the Hindu Marriage Act unless one party challenges it.

This raises a troubling question: how can a marriage entered into without lawful consent remain legally recognized? The current law does not adequately protect the rights or autonomy of minors, especially girls, who are often pressured into marriage.

Conflicting Laws: HMA vs. Prohibition of Child Marriage Act (PCMA), 2006

1. Hindu Marriage Act, 1955

TheHindu Marriage Act, 1955is a personal law that governsmarriage and divorce among Hindus, includingBuddhists, Jains, and Sikhsin India.

Key Features:

• Applies to Hindus (including Sikhs, Jains, and Buddhists).
• Sets legal age for marriage:
  👦 Male – 21 years
  👧 Female – 18 years
• Marriage must bemonogamous (no second spouse while the first is alive).
• Allowsdivorce on grounds like cruelty, adultery, desertion, conversion, etc.
• Permits mutual consent divorce (Section 13B).
• Protects rights to maintenance, alimony, andlegitimacy of children.
• Recognizes marriages performed with customary Hindu rites.

2. Prohibition of Child Marriage Act, 2006 (PCMA)

The Prohibition of Child Marriage Act, 2006 aims to prevent child marriages in India and protect children from abuse and exploitation.

Key Features:

• Sets minimum legal age for marriage:
  👦 Boy – 21 years
  👧 Girl – 18 years
• A child marriage is not void, but it is voidable at the option of the minor party.
• In cases of forced marriages, trafficking, or marriage of a minor below 15 years, the marriage is automatically void.
• Anyone involved in promoting or solemnizing child marriage (including parents, priests) is punishable with up to 2 years imprisonment and a fine up to ₹1 lakh.
• Courts can issue injunctions to stop child marriages before they happen
• In certain circumstances (like coercion, trafficking, or fraud), a child marriage can be declared void ab initio (invalid from the start).

However, the coexistence of HMA and PCMA creates legal confusion. Courts have at times upheld marriages under HMA even when they violate the PCMA, citing personal law precedence.

Judicial Interpretation and Case Law

Indian courts have attempted to bridge this inconsistency. In Independent Thought v. Union of India (2017), the Supreme Court held that:

Sexual intercourse with a minor wife (under 18) amounts to rape.

This decision highlighted the contradiction within marital laws and child protection laws and attempted to harmonize them. Yet, ambiguity remains around whether such marriages are legally void or voidable.

The Way Forward

To effectively combat child marriage and protect children's rights, legal reform is essential. Suggested measures include:

1. Amending the Hindu Marriage Act to make all child marriages void ab initio.
2. Clarifying the supremacy of PCMA over personal laws in cases involving minors.
3. Mandating registration of marriages to enforce age checks.
4. Enhancing legal literacy and protection mechanisms for minors.

Conclusion

The Hindu Marriage Act’s current provisions fall short in addressing the issue of consent in child marriage. The recognition of such marriages—even when entered into without valid consent—creates a dangerous loophole that endangers minors, especially girls. A unified legal framework that prioritizes children's rights, consent, and autonomy is urgently needed to eradicate child marriage in both practice and law.