The Hindu Editorial Vocabulary– Sep 27, 2021; Day 147

Difficult word/ PhraseContextual Sense
Row An angry dispute
Memorandum a written message in business or diplomacy
Void lacking any legal or binding force
Nullify Show to be invalid
Deter Try to prevent
Solemnize Perform (the wedding ceremony) with proper ceremonies
Evidentiary Serving as or based on evidence
Wedlock The state of being a married couple voluntarily joined for life (or until divorce)
Fallout Any adverse and unwanted secondary effect
Prohibition A decree that prohibits something

Needless row (An angry dispute): On amendment to Rajasthan marriage law

Rajasthan’s law does not validate child marriages, but helps rights of underage brides

The controversy over the recent amendment to the Rajasthan Compulsory Registration of Marriages Act is unnecessary, as it clearly does not amount to validating or legitimising child marriage. However, the issue made by the Opposition and the National Commission for Protection of Child Rights may occasion a reconsideration of the legal framework dealing with child marriages that continue to take place despite a statutory prohibition. The Rajasthan law enacted in 2009 provided for compulsory registration of all marriages. It is largely similar to the enactments in other States, and is based on the Supreme Court’s verdict in Seema vs Ashwani Kumar (2007), which directed that all marriages in India should be registered. The original law itself did not exclude registration of child marriages, and all that the amendment does is to change the age at which the obligation to register shifts from the parents or guardians to the parties to the marriage. Earlier, it was the duty of the parties to the marriage to submit a memorandum (a written message in business or diplomacy) on their marriage to the registrar if they were both above 21 years; and if younger, it was the duty of the parents or guardians. The amendment changes this age limit to 21 for men and 18 for women. It is difficult to see this change authorising the bride herself to participate in the marriage registration after the age of 18, as one that permits child marriage.

Under the law, child marriages are not void (lacking any legal or binding force), but only voidable at the instance of one of the parties, who may approach the court for nullifying (Show to be invalid) the marriage within two years of attaining majority. Registering such a marriage may help establish the legal rights of the underage party and those of any children born and deter (Try to prevent) any attempt to deny the marriage later. It may even help prosecution of those solemnising (Perform (the wedding ceremony) with proper ceremonies) child marriages and implement provisions relating to maintenance and residence of the girl whose marriage is invalidated later. Nothing prevents the marriage registrar from alerting the child marriage prohibition officer after registering the marriage. One must note that there was never any specific prohibition on registering child marriages. Even the Supreme Court observed that even though registration itself could not be proof of a valid marriage as such, it would have “great evidentiary (Serving as or based on evidence) value in the matters of custody of children, right of children born from the wedlock (The state of being a married couple voluntarily joined for life (or until divorce)) of the two persons whose marriage is registered and the age of parties to the marriage”. As a fallout (Any adverse and unwanted secondary effect) of this controversy, Parliament ought to consider the Law Commission’s recommendation to amend the Prohibition (A decree that prohibits something) of Child Marriage Act, 2006, to make child marriages below 16 years void, and those solemnised when either party was between 16 and 18, voidable.

Nikunj Barnwal

Recent Posts

SBI Clerk 2024 Notification PDF Out For 14191 Posts, Check All Latest Updates

The SBI Clerk 2024 Notification has been released on the official website. Candidates can check…

9 mins ago

SBI Clerk Notification 2024 Out For 14191 Posts, Check All Updated Details

SBI Clerk 2024 Notification pdf has been released by SBI with 14191 Vacancies of Junior…

55 mins ago

UIIC AO Expected Cut Off 2024, Check Latest Cut Off Marks

In this blog, we have provided the UIIC AO Expected Cut Off 2024 after considering…

1 day ago

SBI Clerk Previous Year Question Paper, Download Free PDFs

Here we are providing the SBI Clerk previous year's question paper, Candidates take the previous…

2 days ago

UIIC AO Exam Analysis 2024, 21st Dec Shift 1, Good Attempts And Difficulty Level

In this blog, we have provided the UIIC AO Exam Analysis 2024 conducted on 21st…

2 days ago

SBI PO Selection Process 2024, Check Prelims, Mains & Interview Details

In this blog, we have provided the SBI PO Selection Process 2024. Candidates must check…

2 days ago