Rajasthan decides to recall marriage registration Bill awaiting governor's nod after critics point at loopholes

After the recently passed “Rajasthan Compulsory Marriage Registration (Amendment) Bill 2021” invited furore from various qaurters, the Rajasthan government on Monday decided to recall it for re-examination barely a month later, citing concerns that its provisions will encourage child marriage.

Chief Minister Ashok Gehlot said that the state government will urge the governor to return the bill for legal consultations.

The Bill was passed in the Rajasthan Legislative Assembly on 17 September. The opposition BJP and rights activists had objected to a provision in the bill that allowed registration of marriage even if the bride and the groom had not attained the legal age to tie the knot, and walked out of the Assembly.

“There has been a controversy in the country that this law will encourage child marriage. We decided that it was not a question of our prestige. We will request the governor to return the Bill we have passed,” Gehlot said addressing a programme on International Girl Child Day.

“After legal consultation from lawyers, it will be considered whether to take the Bill forward or not,” he said. Gehlot said that it is the government’s resolve that child marriages do not occur at any cost in Rajasthan.

“I want to assure you that I will not compromise on that. We will get it re-examined and if we consider it necessary then we will take it forward or else we will not take it forward. We have no problem,” the chief minister said. Despite a ban on child marriages, the state has been reporting such cases over the years.

Gehlot said that the Supreme Court had made it necessary to register every marriage after which the Bill was introduced and passed. He said that legal opinion was taken earlier and the government will take it further also so that child marriages never happen in Rajasthan.

“The Supreme Court stated that marriage should be registered, be it of anyone. In view of this, a bill was passed in the assembly, but a controversy erupted that this law will encourage child marriage,” he said.

State Parliamentary Affairs Minister Shanti Dhariwal had said in the Assembly that the proposed legislation allows registration of marriages but does not state anywhere that these marriages will eventually become valid.

If it is indeed a child marriage, the collector of the particular district and the officers concerned will be able to take necessary action against the families, the minister had pointed out. The statement and objective of the amendment bill say that if the couple has not completed the legal age of marriage, the parents or guardians shall be responsible for submitting a memorandum within a prescribed period.

Dhariwal said even the couple can get their marriage registered, provided that they inform their families within 30 days.

How did people react to the Bill and why was it amended in the first place?

The Bill drew the ire of the opposition BJP, civil society, women’s organisations and the National Commission for Protection of Child Rights (NCPCR). NCPCR wrote to Gehlot to withdraw the Bill on the ground that it legitimises child marriage. Petitions have been filed in the Rajasthan High Court and the Supreme Court.

The Indian Express  reported that the Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021 amends Section 8 of the Rajasthan Compulsory Registration of Marriages Act, 2009, which deals with “Duty to submit Memorandum”. The Act itself defines Memorandum as the “Memorandum for registration of marriage.”

The Rajasthan government, which has termed the amendment a “technical” one, argues that this would bring the age in line with central legislation which recognises the age of 18 as majority for a girl and 21 for a boy. Registration of child marriages would help in their faster annulment and help the government reach out to more victims, particularly widows.

Rajasthan government’s reason behind the introduction of the Bill

The Rajasthan government has repeatedly held its ground saying that the Opposition was misinterpreting the amendment. The state had said that district collectors have powers to act against the social evil and the latest amendment safeguards the minors’ interests, especially in cases where the girl is widowed, NDTV reported.

Child marriage data from Rajasthan

Child marriages continue in large parts of Rajasthan despite a ban on the practice. Several cases have been reported over the years. Official data from 2015-2016 highlights that 35 percent of the marriages in the state involved minors.

Chief Minister Ashok Gehlot said the government is working with a “strong will” for the complete eradication of child marriage in the state. “We have a strong resolve that child marriage should not take place in the state and the government will not make any compromise in this regard,” he tweeted in Hindi.

With inputs from PTI