CHILD MARRIAGE AND ITS VALIDITY
Tejashree Anant Salvi
INTRODUCTION
In this article, we discuss the validity of child marriage in India. Child marriages account for 27% of all marriages in India, according to data. Child marriages, particularly of minor girls, are more common among the socially, economically, and educationally disadvantaged class, with the largest numbers reported from Rajasthan and Bihar. Concerns for her safety as she approaches puberty, control over her sexuality (a patriarchal society places a high value on brides' virginity), customs, a lack of awareness of laws, and dowry (which rises in direct proportion to the girl's age and education, prompting her parents to seek out more educated boys) are the main reasons. Even though our country has a law barring child marriage for the past 90 years, child marriages continue to exist in our society
The Legal Status of Child Marriage in India
Child marriage is defined as a marriage in which the girl is under the age of 18 or the boy is under the age of 21. The previous law, the Child Marriage Restraint Act of 1929, only included measures for preventing or prohibiting child marriages, not for regulating solemnization. The current law, the Prohibition of Child Marriage Act of 2006, has three purposes: it prevents child weddings, protects children involved in marriages, and prosecutes offenders. Child marriage is now a cognizable and non-bailable offense under this statute. The court can order an injunction to prevent the marriage from taking place, and if the marriage takes place after the injunction, the marriage will be considered null and void. Child marriage is now a cognizable and non-bailable offense under this statute. The court can order an injunction to prevent the marriage from taking place, and if the marriage takes place after the injunction, the marriage will be considered null and void. Until her remarriage, the husband must support his minor bride. In our country, the solemnization of religious rites required by the partners' respective religions is a requirement for the legality of any marriage. As a result, saptpadi for Hindus and offer-acceptance for Muslims is a legal prerequisite that must be met for a marriage to be lawful in the eyes of the law, provided that both parties are of sound mind.
In our country, the solemnization of religious rites required by the partners' respective religions is a requirement for the legality of any marriage. Thus, saptpadi for Hindus and offer-acceptance for Muslims is a legal prerequisite that, if met, makes a marriage acceptable in the eyes of the law, as long as both parties are of sound mind and are not in banned degrees of contact with each other. Other than that, customs have an overriding effect on the law. Hindu law sets the minimum age for girls and boys at 18 and 21, respectively, whilst Muslim law sets the minimum age at puberty. This gives the parties to the marriage and the weddings the status of husband and wife. As a result, such weddings will be fully lawful until one of the parties chooses to have it annulled. Under Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939, minor brides have the option to repudiate the marriage after reaching the age of 15 and before reaching the age of 18. Both the boy and the girl have the right to opt-out of marriage until two years after reaching majority, i.e. till the age of 20 for a girl and 23 for a boy, under Section 3(3) of the Prohibition of Child Marriage Act, 2006.
Another issue to consider is the validity of children born from such unions. According to the law, any child born or conceived as a result of such a marriage is considered a legitimate child for all purposes. The guardian of a minor wife is her husband, according to Hindu law [Section 6 (c) of the Hindu Minority and Guardianship Act, 1956]. As a result, if someone kidnapped and married a minor girl, he may argue the minor's guardianship as a defense to abduction allegations. However, Section 12 of the Prohibition of Child Marriage Act, 2006, addressed this legal ambiguity by stating that in such situations, the marriage is null and void. The guardianship law's Section 6(c) has been impliedly repealed. Dhanlakshmi (MWCD), Bhagyalaxmi (Karnataka), Rajlakshmi (Rajasthan), and Apni Beti Apna Dhan are some of the state-sponsored initiatives aimed at ensuring the protection of girls (Haryana). All of these provide conditional financial transfers to ensure that girls continue to receive an education and are protected from female feticide and underage marriage.
CONCLUSION
Child marriage is a problem that will not be solved without the help of society. There have been calls to declare child marriages void from the start under the Prohibition of Child Marriages Act, but Indian society is complex, and declaring child marriages unlawful would only risk the rights of women who have been victims of child marriage. Legislation alone will not achieve the desired
results unless it has the support and endorsement of society. To some extent, the Uniform Civil Code would aid in the prevention of child marriage. All stakeholders must cooperate, including parties, parents, and the community. Our primary concern should be to safeguard the interests of children. The targeted efforts of religious leaders can have an impact. The focus should be on empowering and educating young women.
REFERENCES
1. https://www.indiatoday.in/law/story/child-marriage-valid-not-void-at-18-punjab-haryana-high-court-1854827-2021-09-20
Child marriage valid if ‘child’ doesn’t declare it void at 18: Punjab and Haryana HC
2. https://timesofindia.indiatimes.com/blogs/legally-speaking/legal-status-of-child-marriages-in-india/
The legal status of child marriages in India
