Introduction
The practice of child marriage is often enabled by a network of individuals, from parents and guardians to marriage registrars and community leaders. Recognizing this, the new Punjab Child Marriage Restraint Act 2026 holds all these actors accountable. By imposing severe penalties on anyone who facilitates, promotes, or fails to prevent a child marriage, the law aims to create a powerful deterrent that will protect vulnerable girls.
Penalties for Adult Contracting Party
Under the new law, the adult who contracts a marriage with a child faces the most severe penalties. This includes rigorous imprisonment of up to three years, with a minimum sentence of two years, along with a fine of up to Rs500,000. This provision explicitly targets adults, often much older men, who marry underage girls. By imposing a mandatory prison sentence, the law sends a clear message that this will not be tolerated.
Penalties for Guardians and Parents
The bill places significant responsibility on guardians for promoting or failing to stop underage marriages. If a guardian or any other person promotes child marriage or child abuse, permits a child marriage to be solemnized, or intentionally or negligently fails to prevent it, they can be punished with rigorous imprisonment from two to three years and a fine of up to Rs500,000. This is a crucial provision, as parents and guardians are often the primary decision-makers in arranging a child’s marriage. Holding them accountable challenges the notion that they have absolute control over their children’s lives.
Penalties for Nikah Registrars and Clerics
Nikah registrars, who are responsible for solemnizing and registering marriages, are also strictly liable. Under the bill, they are barred from registering child marriages. Violations can lead to imprisonment of up to one year and a fine of Rs100,000. This targets the religious and legal figures who validate these marriages, forcing them to become gatekeepers and ensuring they do not turn a blind eye to underage unions.
Classifying Cohabitation as Child Abuse
Perhaps the most significant provision is the classification of cohabitation arising from a child marriage as “child abuse”. This carries a prison term ranging from five to seven years and a minimum fine of Rs1 million. This provision protects the child from the harms of being forced to live as a de facto spouse. It recognizes the act of cohabitation itself as an abusive act, going beyond the marriage ceremony to protect the child’s ongoing welfare. It also removes the possibility of using the marriage as a defense.
Cognisable and Non-Bailable Offences
A crucial aspect of the new law is that all offences under it have been declared cognisable, non-bailable, and non-compoundable. This means that police can arrest suspects without a warrant, courts cannot grant bail easily, and the matter cannot be resolved through a compromise between the parties. This is intended to ensure that serious cases of child marriage are pursued with full legal force. The cases will be heard exclusively by Courts of Session, and trials are to be completed within 90 days, ensuring speedy justice.