If the commission feels that this bill is going against the issues of children, then the commission can take legal action. NCPCR officials claimed that they were already facing challenges in preventing child marriage and with this amendment, they would have another struggle on their hands. Law experts claimed that while the amendment will protect the legal rights of married minors and their children, the government needs to be clear about the action taken against persons who perform child marriages.
Rajasthan has been infamous for child marriage and the government needs to ensure that the existing laws are implemented with a focus on prevention. While there is ambiguity about the law among people and even state officials, it cannot be denied that child marriage is a punishable offence. The state should focus on taking action against the violators. The amendment, which may be meant to act as a deterrent, needs clarity and is likely to create chaos among the departments implementing it.
Those involved in preventing child marriage said that there is a need to emphasize on implementation of laws to check social evils; The amendment in itself does not mean that people will register child marriages as there is no provision of penalty if any person, including an adult, does not register the marriage.
NCPCR chairperson Priyank Kanungo said, “Our legal team is studying this amendment. After reading this, I found that it would make the situation more difficult for us when it comes to prevention of child marriage. In such cases already there is no concept of preventive FIR and now when we start registering child marriages, it goes against Child Marriage Prohibition Act. We will study it in detail and go to court if needed.
Section 8 of the Marriage Registration Act provides that if the parties to the marriage have not completed the age of marriage, the parent or guardian shall be responsible to submit the application within a period of 30 days.
However, activists working in this field for decades claimed that this amendment had undone their years of work. Kriti Bharti, Rehabilitation Psychologist and Managing Trustee of Sarathi Trust, which has been instrumental in the annulment of 43 child marriages, said, “It is the darkest moment for me as the government claims that they will seek annulment through this amendment. Trying to simplify the process, they have actually made it more complicated. If registration does not mean verification, then what does it actually mean? Before the passage of this amendment any activist, any legal Sources or victims of child marriage were not consulted and now it will lead to more challenges. Child marriage is a cognizable offense but we are recognizing it.
The government had clarified that registration of a minor’s marriage does not mean that it has become legal and it is for the authorities to initiate action against the violators.
Giving a holistic view on the amendment, Ramakant Satpathy, Manager, Child Protection, Save the Children said, “Marriage registration was made mandatory a decade ago and this amendment is probably to protect the rights of children. However, the government should clearly state what action they will take against child marriages.
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