Rajasthan government recently introduced an amendment to the Compulsory Registration of Marriages Act. The amendment sparked debates across the country – journalists and citizens accused the government of encouraging child marriages.
RSPCR Defense
Rajasthan state commission for Protection of Child Rights (RSPCR) has come to the defence of the state government. RSPCR claims the proposed law does not intend to encourage child marriages, protecting government benefits and legal rights.
The statement responded to the National Child Commission for Protection of Child Rights claim that the amendment would legitimize child marriages.
The central government can only amend the Prohibition of Child Marriage Act 2006. The state bill is not intended to counter the 2006 act. Instead, it is an attempt to provide legal rights to minor girls widowed at a young age, explained Sangeeta Beniwal, the chairperson of RSCPCR.
Beniwal talked about child marriages, calling them a curse, “We often get to see such cases where the girl is a child widow and due to non-registration of marriage, she is denied the rights in husband’s property and not accepted in society, which ruins her life. In the event of any crime, children cannot be deprived of other justifiable rights.”
The state commission defends the amendment – it aims to provide children with fundamental rights in society.
Beniwal encouraged people to inform relevant authorities if child marriage is being conducted to be prevented and annulled in good time.
Understanding the Amendment
Madhu Mehra, the head of Research and Training at Partners for Law in Development, spoke with The News Minute, deconstructing the law for the untrained.
Partners for Law in Development is a legal resource group working towards realising social justice and equality for all women.
Mehra deconstructed the wording of the law, explaining how it does not legitimize or delegitimize child marriages.
The registration of marriage secures the girl’s legal rights, and she points out that the low registration rate in rural areas is unlikely to change due to the amendment.
However, registration offers an advantage to the girl as it secures her marital rights, and she can claim these in a court of law.
Child Marriage Problem
Child marriages in India have decreased gradually over the years. Most child marriages in India involve girls, many from poor socio-economic conditions.
The estimates on the prevalence and numbers of child marriages are widely varying. Child marriages are outlawed by a 1929 law, which means these marriages are not registered for fear of prosecution.
The non-registration of unions is a significant reason for the lack of data regarding child marriages. Uttar Pradesh is home to the most number of child brides, with over 36 million.
Bihar, West Bengal, Maharashtra and Madhya Pradesh contribute heavily to the numbers. Over 40% of young women in India have been estimated to be married before turning 18.
The majority of child marriages are performed without the consent of the children involved. The parents arrange the weddings, and little choice is given to the girls.
If practised as in paper, the bill introduced in Rajasthan would allow the children’s marriages to be registered.
It will help protect the children’s rights; they will be able to claim child marriage annulment, protection services, maintenance from the spouse, custody of children born from the marriage and other benefits which the children are currently exempt from.
