At a Glance
Four facts to hold on to.
1929
Sarda Act: 14 for girls, 18 for boys.
2006
Act: 18 for women, 21 for men.
Voidable
Valid until the child party annuls it.
23.3%
Women aged 20–24 married before 18 (NFHS-5).
In this lesson
The Laws: From the Sarda Act to 2006
The Sarda Act, 1929
- It was British India’s first major law on a minimum marriage age.
- It is also called the Child Marriage Restraint Act, 1929.
- It set 14 for girls and 18 for boys.
- It is named after Har Bilas Sarda, a legislator from Ajmer. See his full biography.
- Social reformers pushed it. Conservative groups opposed it.
The Prohibition of Child Marriage Act, 2006
- It replaced the 1929 law with stronger rules.
- It set the minimum age at 18 for women and 21 for men.
- It made a child marriage voidable, not void.
- Voidable means the marriage stays valid until the child party asks a court to annul it.
| Point | Sarda Act, 1929 | Act of 2006 |
|---|---|---|
| Girls | 14 | 18 |
| Boys | 18 | 21 |
| Status of marriage | Offence, but still valid | Voidable at the child’s option |
| Officers | None | Child Marriage Prohibition Officers |

True or False: The Sarda Act set the minimum marriage age at 14 for girls and 18 for boys.
True or False: Under the 2006 Act, every child marriage is void from the start.
How the 2006 Act Works
Key rules
- Annulment: the child party can apply to a district court. The window runs until two years after reaching 18, so before age 20.
- Children: children born of a child marriage are treated as legitimate.
- Support: the court can order maintenance and a place to live for the girl.
- Punishment: an adult man who marries a child can face up to two years in jail, a fine up to ₹1 lakh, or both. Those who arrange or help can be punished too.
- Offence type: offences are cognizable and non-bailable.
- Prevention: courts can issue an order to stop a marriage before it happens.
- Officers: states appoint Child Marriage Prohibition Officers to prevent and report such marriages.
Why the practice continues
- Poverty: families see an early marriage as one less expense.
- Low schooling: girls out of school are more likely to be married early.
- Social pressure: family and community expect early marriage.
- Weak enforcement: many cases are never reported, and few lead to punishment.
- These links tie this topic to wider themes such as gender inequality. See the joint family and family and values.
Think it through: why is a voidable marriage better for the child than a void one?
A void marriage has no legal standing, even if the young person wants to stay in it. That can leave them without rights. A voidable marriage stays valid until the child party chooses. They can end it or keep it. The law also protects any children and gives maintenance.
True or False: A person married as a child can ask a court to annul the marriage until age 20.
Courts, Personal Law and Reform
What the courts said
- Independent Thought v. Union of India (2017): the Supreme Court read down an exception in the old rape law. The exception let a man escape a rape charge for sex with his wife aged 15 to 18. The Court said the wife’s age must be 18.
- The new criminal code, the BNS, in force since 1 July 2024, also sets 18.
- October 2024 judgment: the Supreme Court issued guidelines to enforce the 2006 Act. It stressed prevention and community action.
- The Court did not settle whether the Act overrides personal laws. It asked Parliament to consider banning child betrothals.
- Source: SCC Online, Supreme Court guidelines.
Reform that did not pass
- A 2021 Bill proposed to raise the minimum age for women to 21.
- It was sent to a parliamentary standing committee in December 2021.
- It lapsed when the 17th Lok Sabha was dissolved in 2024.
- Karnataka has gone further. Its 2017 amendment made child marriages there void from the start.
- Source: PRS India, 2021 Bill.
True or False: The 2021 Bill to raise the women’s marriage age to 21 became law.
Where India Stands Now
The numbers
- Women aged 20–24 married before 18: 23.3% in NFHS-5 (2019–21).
- It was 26.8% in NFHS-4 (2015–16).
- It was about 47% in NFHS-3 (2005–06), the year the 2006 Act began. So the rate has roughly halved.
- NFHS-5 is still the latest national figure in official material.
- Source: PIB, NFHS data.
Bal Vivah Mukt Bharat
- The Women and Child Development Ministry launched it on 27 November 2024.
- The goal is a child-marriage-free India by 2030.
- An interim aim is a 10% fall in the rate by 2026.
- It focuses on 257 high-burden districts picked from NFHS-5 data.
- About 38,000 Child Marriage Prohibition Officers are linked to a central portal.
- The minister reported about 2 lakh child marriages prevented in one year. Yet roughly 1 in 5 young women are still married below the legal age.
- Sources: PIB, Bal Vivah Mukt Bharat; Deccan Herald.
True or False: India’s child marriage rate has roughly halved since the 2006 Act began.
Quick Q&A
Sarda ages?
14 girls, 18 boys.
2006 ages?
18 women, 21 men.
Voidable means?
Valid until the child annuls it.
Annulment window?
Until two years after turning 18.
Who prevents?
Child Marriage Prohibition Officers.
🎲 Practice: Child Marriage in India
5 verified questions from this topic.
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