Rajasthan HC: Is Compulsory Registration of Marriage (Amendment) Bill legal?

Aishwarya Rathore –

Published On: October 2, 2021 at 11:30 IST

A Public Interest Litigation has been filed in the Rajasthan High Court challenging the legality of the Rajasthan Compulsory Registration of Marriage (Amendment) Bill, 2021 which includes a provision for registering Child Marriages in the State.

The Petition was submitted by Kriti Bhati, an Activist of the Saarthi Trust NGO, which has been working to prohibit Child Marriages.

The Petition stated, “Through this amendment, the Government has tried to give registered recognition to the malpractice of child marriage, which is a cognizance offence. As a result, Rajasthan will again go back a hundred years.”

The Petition further stated, “The provisions of the Prevention, Annulment and Punishment of the Prohibition of child Marriage Act 2006 will be completely abolished. Victims will not be able to break the shackles of child marriages.”

On September 17, the Rajasthan Legislative Assembly passed the Rajasthan Compulsory Registration of Marriage (Amendment) Bill, 2021, making it mandatory for guardians to register all marriages, even if a girl is under 18 and a boy is under 21.

The National Commission for the Protection of Child Rights has also written to Rajasthan Chief Minister Ashok Gehlot urging him to reconsider and review the provisions of the Bill, expressing concern that it may legitimise child marriages.

On the other hand, the Government defends the Bill by citing a Supreme Court decision requiring the registration of all marriages, including those between minors.

Even the Rajasthan Commission for Protection of Child Rights believes that this Bill will protect the rights of children and will not legalize child marriages.

Also Read: Rajasthan Assembly allows Registration of Child Marriage

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