Can hindus be prosecuted under Child Marraige Act?

Hindu Marriage Act of 1954 is applicable only to hindus, and not to christians, Muslims, parsis, Jewish etc. And if Hindus can be penalised under two heads for one offence it is great discriminations against the Hindus and offends Article 14 of the Constitution of India, and as a lawyer I dont want to see any discriminations against any one.

To,

Adv. Mr. N k Assumi,

Under The Hindu Marriage Act Sec. 18 . Punishment for contravention of section 5, subclause (iii), is

“with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both”

Under The Child Marriage Restraint act, 1929 punishment is "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both” moreover the offence is cognizable under C.R.P.C.

Yes Mr. Assume, you are right as because a minor Hindu is governed by both the set of laws, whereas, a non Hindu governed only by the Child Marriage Restraint act, 1929.

There is a scope of argument, as because under Art 14. of The Constitution of India, The State is denying to the effected person equality before the law and the equal protection of the laws. & under Art.15 of The Constitution of India, The State discriminating against the citizen on grounds only of religion.

However, as the two sets of law is there for a particular offence, therefore there is a scope to appeal that the convicted person may be punished which is softer one.

In that case, a Hindu will be benefited in the sense that Sec 18 of The Hindu Marriage Act provides fifteen days simple imprisonment whereas The Child Marriage Restraint act provides simple imprisonment of thirty days.