Engagement Of Child Not Offence U/S 11 Of Child Marriage Act: Rajasthan High Court Quashes Criminal Proceedings Against Father
2 years, 8 months ago

Engagement Of Child Not Offence U/S 11 Of Child Marriage Act: Rajasthan High Court Quashes Criminal Proceedings Against Father

Live Law  

The Rajasthan High Court observed that Section 11 of the Prohibition of Child Marriage Act, 2006 makes it abundantly clear that organising marriage is a sine qua non to constitute an offence under the Act. Justice Dinesh Mehta observed, "A perusal of Section 11 of the Act of 2006, makes it abundantly clear that organising marriage is a sine qua non to constitute an offence under the Act of 2006. As per FIR lodged by District Legal Service Authority for the purported offence under Sections 11 and 15 of the Act, there is clear assertion of the engagement ceremony being solemnized and a notice being issued to the petitioner warning him not to hold the marriage of his son. He, however, argued that organising engagement ceremony amounts to promoting child marriage and thus, petitioner is being rightly tried for the offences under the Act of 2006.

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History of this topic

"This Is Not An Act Yet" : Supreme Court Dismisses Petition Challenging Rajasthan Law Permitting Registration Of Child Marriages
2 years, 4 months ago

"This Is Not An Act Yet" : Supreme Court Dismisses Petition Challenging Rajasthan Law Permitting Registration Of Child Marriages

Live Law  

The Supreme Court on India on Monday dismissed a petition challenging section 8 of the Rajasthan Compulsory Registration of Marriages Bill, 2021. The petitioner "Youth Bar Association of India" challenged the law as it permits registration of child marriages. The Rajasthan State Assembly in 2021 had passed the bill to amend a 2009 Act which provides for mandatory registration of …

Rajasthan High Court Asks Woman Pressurized By Parents To Live With Child Marriage Partner To Approach Police For Security
2 years, 7 months ago

Rajasthan High Court Asks Woman Pressurized By Parents To Live With Child Marriage Partner To Approach Police For Security

Live Law  

The Rajasthan High Court has directed a woman, who was married off while a minor and now wishes to part her ways, to file a representation before the Superintendent of Police, Jodhpur for appropriate security. Notably, the woman has approached the court with the grievance that her parents are pressuring her to live with the person with whom her marriage …

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent
2 years, 11 months ago

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent

Live Law  

The Rajasthan High Court has allowed a joint application filed by the petitioner-wife and the respondent-husband for waiver of six months cooling off period prescribed under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent. In light of the facts and circumstances of the case, particularly the fact that the parties are sufficiently educated and are …

Class 9 girl in Rajasthan stops her wedding with SOS message to child helpline
3 years, 1 month ago

Class 9 girl in Rajasthan stops her wedding with SOS message to child helpline

Hindustan Times  

JAIPUR: A class 9 student of a government school in Rajasthan’s Chittorgarh district approached a child helpline on Monday to stop her wedding scheduled a few days later, saying she wanted to continue going to school. Rajasthan State Commission for Protection of Child Rights Sangeeta Beniwal said most complaints of child marriages received by them in the state pertain to …

Rajasthan govt's U-turn on child marriage registration bill after uproar over controversial clause
3 years, 3 months ago

Rajasthan govt's U-turn on child marriage registration bill after uproar over controversial clause

India TV News  

The Congress government in Rajasthan is facing criticism over a controversial bill on child marriage that was passed last month by the Legislative Assembly. The Rajasthan Compulsory Registrations of Marriage Bill, 2021, amended a 2009 law on mandatory registration of marriages. The bill amends Section 8 of the Rajasthan Compulsory Registration of Marriages Act, 2009, which deals with “Duty to …

Rajasthan govt rolls back law after uproar over controversial child marriage clause
3 years, 3 months ago

Rajasthan govt rolls back law after uproar over controversial child marriage clause

India Today  

The Rajasthan government has rolled back the Rajasthan Compulsory Registrations of Marriage Amendment Bill, 2021, after it got embroiled in controversy for making it mandatory to register all marriages, including those of minors. OPPOSITION TO THE LAW The Opposition in Rajasthan accused the Congress government of opening “the floodgates” for child marriage in the state and giving “validation to what …

Rajasthan guv stays child marriage registration
3 years, 3 months ago

Rajasthan guv stays child marriage registration

Hindustan Times  

Rajasthan governor Kalraj Mishra on Monday put on hold for further legal examination a bill to amend the law regarding mandatory registration of all marriages, after objections were raised by the opposition Bharatiya Janata Party, non-governmental organisations, and social activists. That being so, it would be in the interest of the society if marriages are made compulsorily registrable.” NGOs have …

New Rajasthan marriage registration Bill retrograde: Activists
3 years, 3 months ago

New Rajasthan marriage registration Bill retrograde: Activists

Hindustan Times  

Even as the state government has maintained that the Rajasthan Compulsory Registration of Marriages Bill passed this month does not legalise child marriages, rights groups continue to object to it calling the proposed law retrograde. The government claims that the Prohibition of Child Marriage Act, 2006 provides for declaring a child marriage void and the amended bill does not in …

NCPCR writes to Rajasthan govt urging to reconsider Child Marriage Bill
3 years, 3 months ago

NCPCR writes to Rajasthan govt urging to reconsider Child Marriage Bill

Op India  

The National Commission for Protection of Child Rights has urged the Rajasthan government to review the Compulsory Registration of Marriages Bill, 2021 stating that legalizing the marriage of minors not only violates the law, but will also have a serious impact on the physical, psychological, social and education of minors in Rajasthan. NCPCR has reminded to Rajasthan government that the …

'Shields The Solemnization Of Marriages Of Children': Plea In Supreme Court Challenges Section 8 of Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021
3 years, 3 months ago

'Shields The Solemnization Of Marriages Of Children': Plea In Supreme Court Challenges Section 8 of Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021

Live Law  

A Public Interest Litigation petition has been filed in the Supreme Court challenging the constitutional validity of Section 8 of the Rajasthan Compulsory Registration of Marriages Bill, 2021 so far as it permits the registration of child marriages. The Rajasthan State Assembly last week passed the aforementioned bill to amend a 2009 Act which provides for mandatory registration of marriages, …

Patralekha Chatterjee | Child marriage law in Raj: Why is civil society quiet?
3 years, 3 months ago

Patralekha Chatterjee | Child marriage law in Raj: Why is civil society quiet?

Deccan Chronicle  

Does the registration of child marriages legitimise them? The context -- last week, the Ashok Gehlot-led Congress government brought a new bill amending the Rajasthan Compulsory Registration of Marriages Act 2009, on the mandatory registration of marriages, including child marriages. It is more likely to set things back for girls.” Chhaya Pachauli, a health activist and director of Prayas, a …

Compulsory Registration Of Child Marriages : Understanding The Issue
3 years, 3 months ago

Compulsory Registration Of Child Marriages : Understanding The Issue

Live Law  

The Rajasthan State Legislative Assembly passed a bill to amend Rajasthan Compulsory Registration of Marriages Act, 2009, which provides for mandatory registration of marriages, including child marriages. Thus, it is important to know about the law prohibiting child marriages as well as the background of compulsory marriage registration laws. Prohibition of Child Marriage Act, 2006 The Prohibition of Child Marriage …

Child marriage valid if 'child' doesn't declare it void at 18: Punjab and Haryana HC
3 years, 3 months ago

Child marriage valid if 'child' doesn't declare it void at 18: Punjab and Haryana HC

India Today  

A division bench of the Punjab and Haryana High Court has ruled that a marriage contracted with a minor girl would be legally valid if the child upon turning 18 does not declare it void. It would become valid if no steps are taken by the ‘child’ to declare the marriage void on attaining majority, the high court ruled. “In …

Rajasthan Assembly Passes Bill To Allow Registration Of Child Marriages
3 years, 3 months ago

Rajasthan Assembly Passes Bill To Allow Registration Of Child Marriages

Live Law  

The Rajasthan State Assembly on Friday passed a bill to amend a 2009 Act which provides for mandatory registration of marriages, including child marriages.The bill which has been passed yesterday proposes to amend, inter alia, Section 8 of the 2009 Act, which speaks of the duty of parties to submit a Memorandum for registration of marriage. The bill which has …

Rajasthan Assembly passes bill to register child marriages, BJP protests
3 years, 3 months ago

Rajasthan Assembly passes bill to register child marriages, BJP protests

India Today  

The Rajasthan Assembly witnessed hungama on Friday after a bill making registration of child marriages compulsory in the state was passed. Leader of the Opposition Gulab Chand Kataria said that registering child marriage is like giving legal recognition to such marriages. Sanyam Lodha, an independent MLA from Sirohi who has supported the Congress government, said this was a "black law" …

Elopements most prosecuted under child marriage law: Study
3 years, 4 months ago

Elopements most prosecuted under child marriage law: Study

The Hindu  

Legal proceedings against child marriages are commonly undertaken against elopements whereas forced child marriages often go unpunished, finds a new study. The report — “Child Marriage Prosecutions in India” — brought out by Partners for Law in Development, a Delhi-based legal resource group, analysed 83 high court and district court verdicts in cases relating to child marriage from 2008 and …

It Is Necessary To Remind States To Eradicate Child Marriage Menace: Punjab & Haryana High Court
3 years, 7 months ago

It Is Necessary To Remind States To Eradicate Child Marriage Menace: Punjab & Haryana High Court

Live Law  

Hearing the protection plea of the petitioners, who are yet to attain the marriageable age, the Punjab & Haryana High Court recently declined to provide them protection, and the writ petition was dismissed while noting that that the issue to eradicate child marriage menace needs to be considered by the State.The Bench of Justice Manoj Bajaj was hearing the plea …

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