New Rajasthan marriage registration Bill retrograde: Activists

A prominent activist said allowing marriage registration for children directly approves child marriages and the Rajasthan government should have undertaken pre-legislative consultation

Even as the state government has maintained that the Rajasthan Compulsory Registration of Marriages (Amendment) Bill passed this month does not legalise child marriages, rights groups continue to object to it calling the proposed law retrograde. The bill was passed last week in the state assembly.

The government claims that the Prohibition of Child Marriage Act, 2006 provides for declaring a child marriage void and the amended bill does not in any way dilute provisions like these (ANI Photo)

The government has said the Bill does not prevent courts from declaring child marriages void by seeking the registration of all marriages in the state since 2006 as per a Supreme Court order.

Kriti Bhati, who works for NGO Saarthi Trust that campaigns against child marriages, said the provisions of the bill are unacceptable. “It seems that the government has wrongly interpreted the Supreme Court order, which nowhere seeks to register child marriages. If the government has doubts, it should approach the court for clarification.”

Bhati, who said she has prevented 1,500 child marriages and has had 43 annulled, said the court mandated seeking public opinion and objections before amending the law, which was not done.

Bhati claimed child marriages have not reduced in the state but were being underreported. “The number of such marriages would increase now with the amendment...”

Kavita Srivastav of the People’s Union for Civil Liberties said allowing marriage registration for children directly approves child marriages. “The government should have undertaken pre-legislative consultation.” She said since the enactment of the Protection of Women from Child Marriage in 2006, there has been a decline in the number of child marriages. “The marriages annulled so far happened as the girls raised their voice but now this right would also end as the parents will not get the marriage registered fearing legal action.”

Roopa Choudhary, 21, who was married off as a child, said child marriages should be prevented and hoped the amendment will ensure it.

Four child marriages were registered in the state in 2016, 10 in 2017, and 17 in 2018.

The Prohibition of Child Marriage Act, 2006, provides for declaring a child marriage void. The government has said the amended bill does not in any way dilute provisions like these. It said it is committed to the eradication of social evils such as child marriage. “Sub-divisional officer and tehsildars have been appointed as child marriage prohibition officers...”