Jaipur: A Public Interest Litigation (PIL) petition has been filed challenging the constitutional validity of the Rajasthan Compulsory Registration of Marriage (Amendment) Bill, 2021, which has the provision of registering child marriages in Rajasthan.
The PIL has been filed by Jodhpur based Saarthi Trust’s managing trustee Dr. Kriti Bharti in the Rajasthan High Court, Jaipur Bench. Dr. Kriti Bharti has pleaded to quash the provision of registering of child marriages.
In this Public Interest Litigation, the Government of Rajasthan, the concerned departments and the National Commission for Protection of Child Rights have been made parties and pleaded for an early hearing.
Dr. Kriti Bharti works for the annulment and prevention of child marriages. She has annulled 43 child marriages so far. "Through this amendment, the government has tried to give registered recognition to the malpractice of child marriage which is a cognizance offence," said Dr. Kriti Bharti. She said that with this amendment bill, Rajasthan will again go back for hundred years. 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.
Notably, the Rajasthan Legislative Assembly on 17 September passed the Rajasthan Compulsory Registration of Marriage (Amendment) Bill, 2021. In this amendment bill, the government has made provisions for registration of marriage of a girl below 18 years of age and marriage of a boy below 21 years of age in one month.
The National Commission for Protection of Child Rights (NCPCR) has also written to Rajasthan chief minister Ashok Gehlot urging him to reconsider and review provisions of the bill expressing apprehensions that it will legitimise child marriages.
While the government is citing a Supreme Court ruling that mandated registration of all marriages, including those of minors to defend the bill. Even the Rajasthan Commission for Protection of Child Rights (RCPCR) feels that this bill will protect the rights of the children and does not legtimise the child marriage.
