However, the report notes that “the practice of child marriage is less common today than in previous generations” and that “India`s progress is strong compared to other South Asian countries”. The State Rules on the Prohibition of Child Marriage (Karnataka), which implemented the recommendations of the Patil Justice Committee, detailed the procedures for mass marriages to ensure that all marriages were registered and that the age of participants was verified. These provisions also required that married children be born before child protection committees. In all other cases, child marriages remain valid unless they are annulled by the minor concerned when he or she reaches the age of majority by filing an application with a court. From this point of view, the Compulsory Marriage Registration Act of 2021 in Rajasthan is in line with and does not conflict with trade union legislation. “They say that child marriages are validated. Nowhere does this amendment say that such marriages will be valid. A marriage certificate is a legal document in the absence of which a widow does not benefit from a system of government,” Dhariwal was quoted as saying by ANI. Our analysis of the historical context, other child marriage laws and judicial precedents suggests that Rajasthan`s law is well-intentioned and based on sound legal foundations, but would likely be of little use in ending child marriage, as it focuses on punishment rather than prevention. Dhariwal then told the Assembly: “The bill does not say that child marriages are valid. The bill states that after marriage, only registration is required.
This does not mean that child marriages are valid. If the district receiver wants it, he or she can always take action against child marriage. As a result of the amendment, which modifies a substantial aspect of the prescribed age, Article 8 now states: “The parties to the marriage, or if the groom has not reached the age of twenty-one and/or if the bride has not reached the age of eighteen, the parents or, where applicable, the guardian of the parties are responsible for: to submit the instrument of incorporation, in the prescribed manner, within thirty days from the date of the solemnization of the marriage to the registrar in whose jurisdiction the marriage is concluded, or the spouses or one of them are present at least thirty days before the date of submission of the memorandum. “Under the Child Marriage Prohibition Act 2006, child marriage is illegal throughout the country. How can you register a child marriage that is illegal at all? The law of Rajasthan (now the law) is contrary to the 2006 law,” noted Kavita Srivastava, secretary of the Rajasthan People`s Civil Liberties Union. Another potential benefit is that the new law would make it less difficult for child brides to access government benefits. However, this would also depend on whether the minor has sufficient support to apply for such benefits. Quote: Dhaval Hemesh Sheth, Compulsory Registration of Marriages (Amendment) Bill in Rajasthan: Providing Legitimacy to Child Marriages?, JURIST – Student Commentary, 11 October 2021, www.jurist.org/commentary/2021/10/dhaval-sheth-compulsory-registration-child-marriages-india/. Haryana, which has declared a blanket ban on all child marriages, continues to report such cases. Article 8 of the amended law stipulates that the parents or guardians of a groom under the age of 21 and a wife under the age of 18 “shall be responsible for submitting the memorandum to the registrar in the prescribed manner within thirty days from the date of the solemnization of the marriage”. “Such a law would be crucial for various women-related issues such as: (a) preventing child marriage and ensuring the minimum age of marriage … ” said the affidavit. The law has sparked outrage, and many have said it will promote child marriage. A non-governmental organization also challenged the amendment to the law before the Supreme Court of Rajasthan.
Although Rajasthan`s recently amended law is well-intentioned, its effectiveness is controversial as parents or guardians are unlikely to come forward to register their children`s marriages, knowing that they could be prosecuted under the Child Marriage Prohibition Act 2006 and the Child Protection from Sexual Offences Act 2012. At best, county collectors can take punitive action against those involved, which could discourage the community, but the marriage would remain intact. “Today, the majority of people agree with this law and have prepared themselves mentally. They provide education to their students, but they don`t like the concept of child marriage. But if you justify such child marriages, it will give people a false impression. Rajasthan Vidhan Sabha will be defamed,” said Sanyam Lodha, a member of the Legislative Assembly. In this case, the National Commission for Women (NCW) filed an affidavit in 2005 in support of the registration of all marriages. Justices Arijit Pasayat and S H Kapadia cited excerpts from the Commission`s affidavit in their decision: “The Commission (NCW) considers that the non-registration of marriages affects women the most and has therefore supported the proposed legislation on the compulsory registration of marriages since its inception.” A clause in the bill states that “if the bride is under 18 and the groom is under 21,” their parents must register the marriage within 30 days of the event.
In the 2009 version, the age criterion for both was 21 years. In Independent Thought v Union of India (2017), the Supreme Court refused to extend protections from marital rape to child marriage. The court ruled that sexual intercourse with an underage girl, even in marriage, amounted to rape. Although marital rape is not punishable under the law, sexual intercourse with a minor is considered rape. The law provides for three exceptions under Article 12, which states that in certain circumstances, child marriages can be annulled from the outset (invalid from the outset): Despite a ban on child marriage, the practice continues in large parts of Rajasthan. Several cases have been reported over the years. Official data from 2015 to 2016 shows that 35% of marriages in the state involved minors. How, then, does the law attempt to prevent child marriage? The Supreme Court in Independent Thought vs Union of India and Anr. called on the Centre and state lawmakers to follow the Karnataka government`s decision, which annulled child marriage through an amendment from the outset. The proposal was made by the court in 2017, but neither the center nor any state other than Haryana and Karnataka have taken steps to completely invalidate child marriage.
Update: On October 11, 2021, the Government of Rajasthan said it would recall the Rajasthan Compulsory Marriage Registration (Amendment) Bill 2021. Prime Minister Gehlot said: “There has been controversy over whether this law will promote child marriage. We decided it was not a matter of prestige. We will ask the governor to send the bill back. Then a legal opinion is prepared. If the opinion is negative, we will not promote it. The obligation to register marriages of wives aged 18 to 21 now rests with wives, not parents or guardians, according to the marriage agency for wives over 18. For brides and grooms under the age of 21, the situation has not changed and their parents or guardians are responsible for submitting a marriage registration memorandum. Recently, Justices Ritu Bahri and Arun Monga of the Supreme Court of Punjab and Haryana also ruled that a child marriage would be valid if the child did not annul it at the age of 18. Rajasthan`s Chief Minister Ashok Gehlot said the government was working to eradicate child marriage. (Folder) “This change is not in contradiction with the central law. The Supreme Court has also ruled that there should be mandatory registration of marriages.
Therefore, the bill includes child marriage,” Dhariwal said. Similarly, presenter and journalist Rajdeep Sardesai recently tweeted: “Sunday thinking: Child marriage is illegal by law. But the Rajasthan government has now passed a law that makes registration of child marriage mandatory. Why de facto legalize an illegal and regressive act? Think! “After legal advice from lawyers, it will be examined whether the bill should be advanced or not,” the prime minister added during a program on the occasion of the International Day of the Girl. This controversy has revived the discourse on the validity of child marriage in India. Although there have been discussions on the annulment of child marriage from the outset, Parliament has not made significant progress […].