Child marriage registration controversy - What is the truth

The knotty issue of child marriages just got a bit more tricky.

 Child marriage registration controversy - What is the truth

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• The story: The September 2021 Rajasthan amendment to "Compulsory Registration of Marriages Act, 2009", providing for mandatory registration of marriages, including allegedly child marriages, created controversy. What is the truth?
• Prohibiting child marriages in India: The "Prohibition of Child Marriage Act, 2006" was enacted for a complete ban on such marriages. A male who has not completed 21 years of age and a female who has not completed 18 years of age is a 'child' for the purpose of this Act.

1. Section 3 of the Act makes the child marriages voidable at the option of contracting party being a child.
2. The Delhi High Court in "Lajja Devi vs. State NCT of Delhi" had said that the 2006 Act does not make a child marriage void per se but only declares it as voidable.
3. The Supreme Court in "Independent Thought vs. Union of India" found that the 2006 Act while prohibiting a child marriage and criminalizing it does not declare it void.
4. Clearly, there are nuances that need to be considered before concluding that the Rajasthan amendment legalised child marriages.

• Why the Rajasthan amendment: The Supreme Court in "Seema vs Ashwani Kumar" held that marriages of all citizens of India belonging to various religions should be made compulsorily registrable in their respective States where the marriage is solemnized. The Rajasthan Compulsory Registration of Marriages Act, 2009, was hence enacted for compulsory registration of marriage and procedure.

1. The Act made it a duty of the parties to submit such a memorandum within a period of thirty days from the date of solemnization of the marriage to the Registrar.
2. If the parties to the marriage were below the age of 21 years, the parents or guardian were made responsible to register the marriage. Penalty for non-registration is punishable with fine.
3. The new amendment provides that if the bride hasn't completed 18 years of age and/or the groom hasn't completed 21 years of age, then their parents or their guardians should register the marriage within 30 days.

• Allegations: The opposition said it justifies child marriage for the state giving certificates to minor kids. The government argues that the bill doesn’t make the marriage legal and the District Collector can take action against them.
• Solution: As recommended by the Law Commission of India, the Centre can easily amend the 2006 Act to declare all child marriages below 16 years void, and those solemnised when either party was between 16 and 18, voidable. The states of Karnataka and Haryana have already made child marriage below certain years as void. The Rajasthan Act should have provided for a route for prosecution of illegal child marriages as the Uttarakhand Act did. But even without any such provision, the Registrars can intimate the Child Marriage Prohibition Officers and help prosecution of offenders.
• EXAM QUESTIONS: (1) Explain the nature of controversy flowing from the recent amendment by Rajasthan government in marriage registration act. (2) What are the social reasons that prompt Indian parents to get their children below the age of marriage, married off? Explain.

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