Marrying a Girl Under 18 in India – What the Law Says and What Happens if You Do

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Highlights

• In India, marriage of a girl below 18 is illegal and considered a child marriage.
• It is regulated under the Prohibition of Child Marriage Act, 2006 (PCMA).
• Such a marriage is not automatically void but can be made void if the minor or her guardian challenges it.
• Adults involved can face imprisonment, fines, or both.
• Even parents, relatives, or priests who help conduct such a marriage can be punished.

The Legal Age of Marriage in India

Under Indian law:

• Minimum age for a girl to marry: 18 years
• Minimum age for a boy to marry: 21 years

These limits are set to protect minors from exploitation and to ensure they are physically and mentally mature for marriage.

The Main Law – Prohibition of Child Marriage Act, 2006

The PCMA, 2006 is the primary law dealing with child marriage in India.

Key Points of the Law:

1. Child Definition:
   • A girl under 18 years is a child.
   • A boy under 21 years is a child.
2. Nature of the Marriage:
   • Child marriages are considered voidable, not automatically void.
   • This means the marriage remains valid until the child (once adult) or their guardian files for annulment.
3. Special Case – Automatically Void Marriages:
   The law says certain marriages involving minors are automatically void, such as:
   • If the child is taken away from their guardians and married.
   • If the child is forced, trafficked, or used for immoral purposes.

Punishment Under the Law

If you marry a girl below 18 years:

• Imprisonment: Up to 2 years.
• Fine: Up to ₹1 lakh.
• Or both imprisonment and fine.

The law applies to:

• The man who marries the underage girl.
• Parents or guardians who arranged or allowed the marriage.
• Priests or any person who officiates the marriage.

Example Cases

1. Case from Rajasthan (2017)
   In Rajasthan, a man married a 17-year-old girl. The girl’s parents supported the marriage. A complaint was filed by a local NGO. The court held the marriage as child marriage under PCMA and sentenced the man to 1 year in jail and a fine.
2. Case from Karnataka (2021)
   The Karnataka High Court ruled that even if both parties consented, a marriage with a girl under 18 is illegal. The man and the priest were both charged.

How the Law is Enforced

Enforcement officers called Child Marriage Prohibition Officers are appointed in each district.
Their duties include:

• Preventing child marriages by intervening before they happen.
• Collecting evidence to prosecute offenders.
• Counseling families about the legal and social consequences.

Police can act on:

• A complaint from the girl, her family, or any citizen.
• Information from NGOs, schools, or health workers.
• Reports in local media.

What Happens After the Marriage

If the marriage has already taken place:

• The underage bride can approach the court to have it annulled any time before turning 20.
• The court can order the husband to pay maintenance to the girl until she remarries.
• The girl is entitled to stay in her parents’ home or any safe accommodation arranged by the court.
• If there is a child from the marriage, custody will be decided in the child’s best interest.

Why the Law Exists

Child marriage has deep roots in certain social and economic traditions. The law was strengthened to:

• Protect minors from domestic violence and exploitation.
• Ensure they complete their education.
• Prevent early pregnancies, which have higher health risks.

Health Impact Example:
The World Health Organization notes that girls aged 15–19 are more likely to suffer complications during pregnancy and childbirth, and their infants are at higher risk of death.

What If the Girl Consents?

Even if the girl says she agreed, the marriage is still illegal if she is under 18.
This is because the law treats minors as not legally capable of giving marriage consent.

Special Note on Muslim Personal Law

There has been debate in courts about whether personal laws (like Muslim law, which allows marriage at puberty) override PCMA.
Several High Courts have ruled that PCMA applies to all citizens, regardless of religion, making the minimum marriage age the same for everyone.

Steps to Take if You Know of a Child Marriage

• Call Childline 1098 (toll-free).
• Contact the local police station.
• Reach out to the district Child Marriage Prohibition Officer.

The Bottom Line

Marrying a girl under 18 in India is a criminal offence. It does not matter if the girl or her parents agree — the law is designed to protect her from harm. Offenders can face jail time, heavy fines, and long-term legal consequences.

FAQs

1. Is marrying a 17-year-old girl illegal even if parents agree?
   Yes. Consent of parents does not make it legal.
2. Can the marriage be cancelled later?
   Yes. The girl can request annulment up to 2 years after turning 18.
3. What if there is a child from the marriage?
   The child’s legitimacy is not questioned, but custody is decided by the court.
4. Who can be punished apart from the groom?
   Parents, guardians, relatives, or priests who helped arrange the marriage.
5. Does the law apply to all religions?
   Yes. PCMA overrides personal or religious marriage laws.