Sharda Act: Formation, Significance, and Punishment

 On September 28, 1929, the Sharda Act was passed into law. The statute set the marriageable age for girls at 14 and boys at 18.

The Prohibition of Child Marriage Act 2006 sets the marriageable age for boys and girls at 18 and 21 years old.

How was the Sharda Act 1929 formed?

Several proposals dealing with the age of consent were introduced in Indian legislatures, but they all failed. The All India Women's Conference, Women's Indian Association, and National Council of Women in India formulated and stated the case for raising the marriage and consent age before the Joshi Committee through their members.

Even though they knew they would face criticism from Muslim Ulemas, Muslim women expressed their opinions to the Joshi Committee in favour of lifting the marriage age restriction.

The Joshi Committee's report was given on June 20, 1929, and the Imperial Legislative Council passed it on September 28, 1929. On April 1, 1930, it became law after Lord Irwin's consent, extending to all of British India. The act is also known as the child marriage restraint act 1929. It established the marriageable ages of 14 and 18 for girls and boys of all communities, respectively.

Significance of Sharda Act 1929

The Child Marriage Restraint Act was India's first organised women's group to take on a social reform problem. By picketing their delegates, carrying placards, and yelling slogans, this group forced numerous legislators to support the measure. They hoped that by passing this act, India would demonstrate to the rest of the world that it is serious about social reform.

Women in India rejected the ancient Shastras’ double standards by supporting this deed. The women's organisation brought liberal feminism to the forefront by declaring that they would begin to draught their laws, free of male control.

Although this was a triumph for India's women's movement, the legislation was a complete failure. There were 473 prosecutions in the two years and five months while the bill was in effect, with only 167 of them succeeding. 

There were 207 acquittals on the list in August 1932, with 98 cases still pending. Only about 17 of the 167 successful prosecutions completed all or part of their sentence, and Punjab and the United Provinces accounted for the majority of the cases.

According to Jawaharlal Nehru, this was primarily due to the British colonial government's failure to raise awareness of the issue, particularly in India's smaller cities and villages.

These communal groupings were the only parties in India that accepted British rule in the 1930s. The British government didn’t want to lose the support of its citizens. As a result, instead of focusing on blocking the Indian freedom movement, they avoided enacting this and related social reforms. As a result, their infamous "Dual Policy" thwarted any major social transformation in India.

Punishment for not obliging to Sharda Act 1929

• Punishment for marrying a child by a male adult under the age of twenty-one

Anyone under the age of twenty-one who enters into child marriage is subject to simple imprisonment till fifteen days, a fine of up to one thousand rupees, or both.

• Punishment for marrying a youngster as a male adult above the age of twenty-one

Marriage is punishable by simple jail for up to three months and a fine if a guy over twenty-one contracts a child.

• Penalty for solemnising a child marriage

Unless he can show that he had cause to believe the marriage was not a child marriage, anyone who performs conducts, or directs a child marriage is subject to simple imprisonment for up to 3 months and a fine.

• Parental or guardian punishment in the case of a child marriage

Anyone in charge of a minor, whether a parent, guardian or in any other legal or unlawful role, who:

• encourages couples to marry,

• allow it to be solemnized, or

• If they fail to prevent it from being solemnized due to negligence, they could get convicted to three months in prison and a fine.

To Conclude:

The goal of the Sharda Act was to prohibit underage weddings from being solemnized. The Child Marriage Restraint Act 1929, on the other hand, was mostly dormant legislation. 

The government's rejection and accusations of cultural intervention by India's orthodox sects pushed the cause to the back burner. Hence, the intention remained only on paper even after significant social reform and national independence.