The National Commission for Protection of Child Rights (NCPCR) has urged the Rajasthan government to review the Compulsory Registration of Marriages (Amendment) Bill, 2021 stating that legalizing the marriage of minors not only violates the law, but will also have a serious impact on the physical, psychological, social and education of minors in Rajasthan.
NCPC chairperson Priyank Kanoongo, who shot a letter to Rajasthan chief minister Ashok Gehlot, has explained at length how this Bill is bad in the eyes of laws and regressive too.
The Rajasthan Congress government headed by chief minister Ashok Gehlot got this bill passed on September 17 during the assembly session amid protest of the BJP and concerns raised by the civil society. The bill states that marriage between the bridegroom who has not completed 2l years and the bride who has not completed 18 years of age could be registered by the parents or guardians within the 30 days of the marriage through the marriage registration officer.
NCPCR has reminded to Rajasthan government that the Compulsory Registration of Marriages Bill of Rajasthan violates the Prohibition of Child Marriage Act 2006’. This central Act prohibits solemnisation of child marriages and constitutes child marriages by a male adult with a girl child as a cognizable and non-bailable offence under different sections namely 9, 10, 11 and 10 of the Act.
It further states that whoever performs, conducts, directs or abets any child marriage will be punishable with rigorous imprisonment which may extend to two years and will be liable to a fine which may extend to Rs one lakh.
NCPCR has also said that under the Prohibition of Child Marriage Act, any child marriage would be voidable at the option of the contracting party being a child at the time of marriage. This central act also provides protection and maintenance to the female contracting party to child marriage.
NCPCR has said that the Rajasthan government’s bill violates other laws also like The Juvenile Justice (Care and Protection of Children) Act, 2015 which states that a girl child who is at imminent risk of marriage before attending the age of 18 years of age is a child in need of care and protection.
The child rights body referred October 2017 judgment of the Supreme Court in the Independent Thought vs Union Of India case, where the Supreme Court held child marriage a serious offence.
Hence, quoting provisions laid down by law and observations of the Supreme Court, the NCPCR urged the Rajasthan government to review provisions of the bill since it will have adverse impacts on the welfare of the children in Rajasthan.
The bill has defied all the logic given the fact that Rajasthan is among the states of the country where the evil of child marriage is still prevalent. Ironically, in 2017 the then BJP government headed by Vasundhara Raje had launched a statewide campaign Bal Wiwah Mukata Rajasthan Hamara to discourage child marriage.
Earlier, NCPCR had sent a letter to Rajasthan governor Kalraj Mishra expressing concern over the bill.
