Compulsory Registration Of Child Marriages : Understanding The Issue

The Rajasthan State Legislative Assembly passed a bill to amend Rajasthan Compulsory Registration of Marriages Act, 2009, which provides for mandatory registration of marriages, including child marriages. This has generated a lot of controversy and outrage. Thus, it is important to know about the law prohibiting child marriages as well as the background of compulsory marriage registration laws.Prohibition of Child Marriage Act, 2006The Prohibition of Child Marriage Act, 2006 [hereinafter referred to as 'the 2006 Act'], is a law enacted for the prohibition of solemnisation of child marriages.A "child marriage" is defined as a marriage to which either of the contracting parties is a child. A male person, if has not completed twenty-one years of age, and a female person, if she has not completed eighteen years of age, is a 'child' for the purpose of this Act. Section 3 of the Act makes the child marriages voidable at the option of contracting party being a child. The following are the offences under the Act:(1) A male adult marrying a child ( Whoever, being a male adult above eighteen years of age, contracts a child marriage)*9. Punishment for male adult marrying a childxWhoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.(2) Solemnising a child marriage (punishment for whoever performs, conducts, directs or abets any child marriage unless he proves that he had reasons to believe that the marriage was not a child marriage)#10. Punishment for solemnising a child marriagexWhoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage. (3) For promoting or permitting solemnisation of child marriages (any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage)#11. Punishment for promoting or permitting solemnisation of child marriages.x(1) Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or 4 any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupeesThe 2006 Act also presumes, that for the purpose of Section 11, where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised. The punishment for all the offences is rigorous imprisonment which may extend to two years or fine upto one lakh rupees or both.A child marriage shall be null and void in cases where minor child (a) is taken or enticed out of the keeping of the lawful guardian; or (b) by force compelled, or by any deceitful means induced to go from any place; or (c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes.A Judicial Magistrate of the first class or a Metropolitan Magistrate, if, on an application of the Child Marriage Prohibition Officer or on receipt of information through a complaint or otherwise from any person, is satisfied that a child marriage in contravention of this Act has been arranged or is about to be solemnised, is empowered to issue an injunction against any person including a member of an organisation or an association of persons prohibiting such marriage. Any child marriage solemnised in contravention of an injunction order, whether interim or final, shall be void ab initio.Validity of Child MarriagesAs observed by the Full Bench of Delhi High Court in Court on its own motion (Lajja Devi) v. State (NCT of Delhi)*2013 CriLJ 3458.x , the 2006 Act does not make a child marriage void per se but only declares it as voidable. On the one hand child marriage is treated as offence which is punishable under law and on the other hand, it still treats this marriage as valid, i.e., voidable till it is declared as void. The Supreme Court, in Independent Thought vs. Union of India, also found it strange that the 2006 Act while prohibiting a...

Compulsory Registration Of Child Marriages : Understanding The Issue

Ashok Kini

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