This article aims to demystify the proposed amendment bill and analyze the responses of various stakeholders in this need-of-the-hour bill.
RAJASTHAN COMPULSORY REGISTRATION OF MARRIAGES (AMENDMENT) BILL, 2021[1]
Rajasthan’s Compulsory Registration of Marriages Act, 2009[2], was recently proposed to be amended with the bill in Rajasthan’s Legislative Assembly on 25th February 2021 and which was passed on 17th September 2021 with voice votes. The amendment bill, 2021 proposes to amend the Section 2, section 5, section 8, and section 15 of the Rajasthan Act No.16 of 2009[3]. The major change which is brought in through this amendment bill is ‘to recognize the marriages of the bridegroom who has not attained the age of 21 years and/or bride who has not attained the age of 18 years. For the marriage to be recognized, the parents or the guardians will be required to submit a memorandum before the District Marriage Registration Officer’[4] who will be appointed under section 5 of the same act.
This Bill passed in the Rajasthan’s Legislative Assembly, brings in to affect the legal states of child marriage in India. Legally, ‘child marriages in India is a cognizable and non-bailable offence’[5] which brings in legal charges if it is committed. The law also states that ‘an injunction is to be issued to prohibit solemnizing child marriage and if it is solemnized after the injunction, the marriage is to be declared null and void’.[6] However, this amendment proposes to solemnize the child marriages in the state which goes against Prohibition of Child marriages Act, 2006.[7] This affect might have a huge impact on the society, as many stakeholders view, it will legitimize child marriages thus encouraging the people to adopt the practice which has been an offence under the Indian Penal Code for so many years.
Responses-
Opposition Party(s)-
The opposition parties and elected MLA’s in the legislative assembly took the point that the proposed bill was not morally and ethically right and showed strong opposition by not welcoming the bill. The leading opposition party in Rajasthan – BJP, takes the point that if this bill is passed, it will lead to legally validating the child marriages which has sparked a controversy between the opposition and the ruling party. During the session and even after the session, a lot of MLA’s have criticized this decision of the government.[8] Even during the session, the opposition showed strong criticism as they staged a walkout when the Bill was passed by voice votes.[9]
Lawyers and Judiciary –
The lawyers, on the other hand, seems to support the decision of the legislative assembly as members of Rajasthan Bar Council are of the view that enactment of this bill would still not legalize offence of child marriage and that the opposition is performing nothing but a public stunt. Additional Advocate General for the Government of Rajasthan said that getting certificate of marriage would eventually ease down a lot of problem relating to documentation and that it will facilitate action against minor children’s nuptial ties.[10]
However, not everyone seems to take this point of view. Recently, Youth Bar Association moved to Supreme Court and filed a Public Interest Litigation (PIL) challenging the constitutional validity of the section 8, the very section of the amendment bill which happens to bring in the solemnization process of child marriages.[11]
Social Right Activists and NGOs-
Activists, who have worked immensely towards the children rights and social equality, takes the point that this bill would lead to conducting child marriages easier in a state where child marriage rate has always been higher than the national average. The activists also believe that this bill would nullify the hard work done in this field as it would now make it easier to conduct this illegal act. According to them, it will give rise to issues related to sexual violence and teenage pregnancies. They also predict that enactment of this bill would also lead to increase in ‘Protection of Child from Sexual Offences (POCSO)’ cases. They clearly take the stance against this decision of the government and asks the government to reconsider their decision.[12] National Commission for Protection of Child Rights (NCPCR) also goes against this amendment act, as according to them, this bill would encourage child marriages in India which would impact the physical, psychological, social and educational factors of the minors subjected to this heinous crime.[13]
Analysis-
It goes without saying that what constitutes right for one may not be for the other, the development of controversies around this amendment bill and the contradictory views of different stakeholders have resulted in a conflict between those in power and those against it. According to me, this amendment bill introduces to register the child marriages in India and provide them a legal status which goes against the very basic fundamental of protection of children rights, and it will also encourage the people for child marriages as they would seek it to be legitimate, even if it would not be the case. Increase in child marriages would help towards development but would reflect towards the backward mentality of the people who thinks that marriage at an early age is better. Child marriages does no good towards the society and for the children who had to go through a lot of hardships because of this illegal act.
Even though the government passed this bill with an aim to bring control over illegitimate child marriages, they should still bring changes to this amendment bill by making it more stringent and firmer that even recognizing the current marriages would not encourage child marriages in future.
To conclude, this amendment bill, which has sparked a lot of controversies, if implemented, would affect a whole lot of people belonging to different societies and ideologies. Government, on this bill, should debate more and should consider a whole lot of factors before implementing this amendment bill because, according to me, the negative effects of this bill weighs more than the positive ones, as pointed out by the NCPCR, opposition parties and social activists.
This article was authored by Aviral Jain, a third-year B.Com.LLB. student at Jindal Global Law School
[1] Rajasthan Compulsory Registration of Marriages (Amendment) Act, 2021, No.4, Bills of Rajasthan State Legislature, 2021 [2] Rajasthan Compulsory Registration of Marriages Act,2009, No.16, Acts of Rajasthan State Legislature,2009 [3] Rajasthan Compulsory Registration of Marriages Act,2009, No.16, Acts of Rajasthan State Legislature,2009 [4] Rajasthan Compulsory Registration of Marriages (Amendment) Act, 2021, § 8, No.4, Bills of Rajasthan State Legislature, 2021 [5] The Prohibition of Child Marriage Act, 2006, § 15, No. 6, Acts of Parliament, 2006 (India) [6] The Prohibition of Child Marriage Act, 2006, § § 13-14, No. 6, Acts of Parliament, 2006 (India) [7] The Prohibition of Child Marriage Act, 2006, No. 16, Acts of Parliament, 2006 (India) [8] Meenakshi Ray, Rajasthan passes bill to register child marriages, oppn calls it a black day, Hindustan Times (Sept. 18, 2021, 9:18 AM), https://www.hindustantimes.com [9] Anonymous, Row over changes to Rajasthan’s marriage registration act, The Hindu (Sept. 21, 2021, 8:41 PM), https://www.thehindu.com [10] Anonymous, Row over changes to Rajasthan’s marriage registration act, The Hindu (Sept. 21, 2021, 8:41 PM) https://www.thehindu.com [11] Aaratrika Bhaumik, Shields The Solemnization Of Marriages Of Children': Plea In Supreme Court Challenges Section 8 of Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021, Live Law (Sept. 24, 2021, 11:31 AM), https://www.livelaw.in [12] Vasudha Venugopal, ET Bureau, Marriages (Amendment) Bill: New Rajasthan law triggers political storm, activists blame govt for bowing to caste groups, The Economic Times – Politics (Sept. 22, 2021, 9:53 AM), https://economictimes.indiatimes.com [13] ET Bureau, NCPCR says Rajasthan law legitimizes child marriages, asks CM Ashok Gehlot to review it, The economic Times- Politics (Sept. 26, 2021, 6:56 AM), https://www.economicrimes.indiatimes.com
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