The Rationality of Incorporation of Section-19 in the Child Marriage Restraint Act, 2017 in Perspective of Bangladesh: A Legal Analysis.

Abstract

Child marriage is a gross violation of child’s right as it is carried against their wills and best interests. Bangladesh has enacted a new Child Marriage Restraint Act 2017 by repealing the previous one to prohibit child marriage from Bangladesh but it contains a special provision which allowed child marriage in special circumstances with the consent of the guardians and the Court for the best interest of the child. However, this section does not define what these special circumstances and nor does provide any standard to measure the best interest for children. It appears that this section indirectly encourages child marriage to be happened rather than to discourage it. This is a qualitative research based on primary and secondary data. The research paper analyses the rationality of incorporation of section-19 in the Child Marriage Restraint Act 2017 in perspective of Bangladesh. It maybe contradictory to the Constitution and may validate statutory rape in Bangladesh. This research paper examines the international responsibility of Bangladesh in light of child marriage