Jaipur: Rajana Mandatory Rajasthan from Bill Marria, 2021 which was passed by the State Assembly has opened a worm can with legal experts and activists who claim that it will promote a child’s marriage.
The state government has claimed that the amendment was brought to protect the legal rights of children born from child marriages.
However, legal experts say that the prohibition of child marriage laws, 2006, already have part 5 for prisoners and maintenance of children born of child marriage and part 6 for the legitimacy of children born from child marriages, so as to provide state justification inappropriate.
Further legal experts add that child marriage cancellation will be more complicated because the registration certificate will be the requirement to first prove that minors are married.
Kriti Bharti, Rehabilitation Psychologist and managing manager manager Saarthi Trust Who has played a role in getting 43 child marriages canceled, “I have worked in this field for more than 15 years and this proposal for amendments is strange.
First, the 2006 Supreme Court Assessment is for Prevent children’s marriage and no one says that the same thing must be registered.
In addition, compared to Rajasthan compulsory registration of marriage, 2009, this amendment to clarify that women’s marriage under 18 years can be registered, which opposes the ban on child marriage laws.
I got a marriage to be canceled, but now the process will be more complicated if a certificate is needed to prove that minor or underage child married.
“Bharti further said according to law if a child marriage needs to be canceled, then the girl has time until she is 20 That year and the boy until he was aged 23.
” There are two situations – one where the marriage of a child is not registered and second, the marriage is registered but do we hope that the parents who themselves make him seriously to hand the document to the girl so he can cancel it? It is impossible and we will only force children to face trauma further.
The plus will create a conflict between the department too, “he said.
Once a child married, he must get marriage canceled from the court.
If the Nullity decision is not obtained by one of the children under the age of marriage, the marriage of a child will remain sacred in front of law as marriage between two adults.
There is a deadline for getting a child marriage to be canceled.
Nullity decisions can be obtained only up to two years after married couples reach the age of majority.
The government has clarified that underage marriage registration does not mean that it has become a legal and for Officials to begin actions against violators.
Ved Vishnoi, a high court lawyer who seems to be confused about the proposed amendment, “I cannot understand the reason behind this action because the goal is to prevent children’s marriage from facilitating cancellations.
If parents / guardians voluntarily make children marry and then apply for the same registration then technically FIR can be submitted against them under the ban on the marriage laws of the child so why do they want to take that action? “Experts say if the government provides a Justification of SC’s assessment in 2006, then instead of interpreting it this way, they should ask the court whether the child’s marriage must be registered.
Also in accordance with SC assessment, the state should take people’s opinions before trying to make changes.
This amendment Proposed because it has not been passed by the Governor of Rajasthan.