Section 6 – Hindu Marriage Act – [Omitted.].

Code: Section 6 (Now Omitted)

“[Guardianship in marriage.]—Omitted by the Child Marriage Restraint (Amendment) Act, 1978, (2 of 1978), s. 6 and Schedule (w.e.f. 1-10-1978).”

Note: Section 6 is no longer part of the Hindu Marriage Act.

Explanation of Section 6

What Did Section 6 Originally State?

Before 1978, Section 6 allowed a guardian—typically a parent or elder male relative—to approve the marriage of a minor Hindu girl. During that time, such marriages were considered legally valid as long as the guardian gave consent.

Why Was Section 6 Removed?

As the country progressed, lawmakers recognized the importance of protecting minors from forced and premature marriages. In 1978, the Child Marriage Restraint (Amendment) Act raised the legal age of marriage to 18 for girls and 21 for boys. To support this important change, Section 6 was removed.

The amendment reinforced the principle that marriage should be a decision between consenting adults. It also aligned the Hindu Marriage Act with growing concerns about child welfare and gender rights.

Legal Consequences of Removal

After the removal of Section 6, guardians lost the legal authority to marry off minor girls. The law now recognizes only adult consent in marriage. Any marriage involving minors, even if approved by a guardian, is legally questionable and may be annulled. Additionally, the Prohibition of Child Marriage Act, 2006 provides further legal safeguards against such marriages.

Illustration

Example 1: Before 1978
If a 16-year-old Hindu girl was married with her father’s consent, the marriage would have been legally valid under Section 6. The father’s approval fulfilled the legal requirement.

Example 2: After 1978
If a girl under 18 is married today—even with her parents’ approval—the marriage may be declared voidable. The individuals responsible can face legal penalties under current child protection laws.

Common Questions and Answers

Q1: What did Section 6 allow before its removal?
It allowed guardians to consent to the marriage of Hindu minors, particularly girls under 18.

Q2: Why was the section deleted from the Act?
The government removed it to safeguard children’s rights and ensure marriage is based on informed adult consent.

Q3: Can guardians still consent to child marriage today?
No. Guardian consent does not make a child marriage legally valid. The law requires both parties to meet the minimum age and consent independently.

Q4: What laws now govern child marriage?
The Prohibition of Child Marriage Act, 2006 is the primary law that prevents and penalizes child marriages in India.

Q5: Is any form of child marriage valid under Hindu law today?
No. All legal provisions now require both parties to be adults. Child marriages are either void or voidable under the law.

Conclusion

Section 6 of the Hindu Marriage Act once gave guardians the power to approve minor marriages. However, social awareness and legal reform led to its removal in 1978. This change marked an important step toward protecting the rights of young individuals and reinforcing the importance of adult consent in marriage.

Today, Hindu marriage law is firmly rooted in the principles of equality, freedom, and protection for all individuals—especially children.

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