We have launched our mobile app, get it now. Call : 9354229384, 9354252518, 9999830584.  

Current Affairs

Rajasthan’s Marriage Registration bill

Date: 13 October 2021 Tags: Bills & Laws

Issue

Chief Minister of Rajasthan has asked the governor to return the bill that intended to amend the child marriage registration act.

 

Background

The Rajasthan assembly had passed a bill to amend a 2009 law on mandatory registration of marriages, including child marriages.

 

Details

  • The bill is being criticized by opposition as well as civil society for promoting child marriages through registering them.

  • Civil society, women’s organizations and the National Commission for Protection of Child Rights (NCPCR) have asked the CM to withdraw the Bill as it legitimizes child marriage.

 

The bill

  • The Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021 aims to amend Section 8 of the Rajasthan Compulsory Registration of Marriages Act, 2009.

  • It deals with “Duty to submit Memorandum”. The Act defines Memorandum as the “Memorandum for registration of marriage.”

 

The amendment

  • Prior to the amendment, the bill only seeked to obtain memorandum of individuals below the age of 21 years within a specified duration.

  • Post the amendment it seeks to obtain memorandum of bride below the age of 18 years and groom below 21 years.

  • This change is criticized as a move to legitimize child marriages by allowing registration of individuals below the age of 18 years.

 

Reason for amendment

  • The government says that the amendment was technical. It aimed to bring age in line with central legislation which recognizes the age of 18 as majority for a girl and 21 for a boy.

  • This would have allowed it to annul marriages faster and help the government reach out to more victims, particularly widows.

 

Registering child marriages

  • A groom or bride can annul a child marriage when they attain the age of majority. This has been provided under the Prohibition of Child Marriage Act.

  • It is just an option for rolling back the event. The marriage would be considered a legal one if parties do not want to annul it.

  • This provision has been given to ensure that minor girls get access to the marital home, marital property and ensure the legitimacy of offspring.

 

Legitimacy by registering

  • The Supreme Court ruled that registration of marriage must be made compulsory in the Seema v Ashwini Kumar (2006) case.

  • A judgment by Kerala High Court also ruled that there is no bar in the law to register a child marriage. It upheld the government circular framing rules for such registration.