Child Marriage is prohibited under the Prohibition of Child Marriage Act, 2006, but the Rajasthan Assembly on Friday passed an Act to amend the Rajasthan Compulsory Registration of Marriages Act, 2009 providing mandatory registration of marriages, including child marriage.
Section 8 of the said Act requires the parties to submit a memorandum to the registrar of marriage within whose jurisdiction the marriage was solemnized. The Act of 2005 requires the age of parties to be 21 years of both boy and girl. The amendment Bill came to differentiate the age of the parties to 21 years for boys and 18 years for girls. In case when the bridegroom and bride have not attained the age of 21 and 18 years respectively, the parents or guardian of the parties can submit the documents for the registration.
In simples words, as per the initial Act if a girl and boy have not completed the age of 21 years, their parents can file the memorandum for marriage but now as per the Amendment Bill if the girl has not attained the age of 18 years and boy 21 years then their guardian or parents have to submit the memorandum of the marriage. In case when the bride has completed her 18 years of age she herself can submit the memorandum of marriage, the same is the case with a boy of 21 years of age.
Further, the Amendment Bill seeks to add a subsection (1A) under Section 8;
(1-A) If at any time, death of either of the parties to the marriage or of both occurs, the surviving party, parents, adult child or, as the case may be, guardian of the parties may submit the memorandum, in such manner, as may be prescribed, to the Registrar within whose jurisdiction the marriage is solemnized, or the surviving party, parents, adult child or, as the case may be, guardian of the parties is residing for at least thirty days before the date of submission of the memorandum.”
This Subsection will help a widow or widower, kin of the parties, their parents, and children to register the marriage solemnized within 30 days of marriage.
The Amendment Bill also proposes registration of marriage at block level by amending Sections 2,5 and 15 of the Principal Act. Previously, marriage was registered at the district level as there were registration offices only at the district level. The amendment bill proposes to appoint a District Marriage Registration Office under Section 5 for the needy.
The government has authorized the Additional Marriage Registration officer and Block Marriage Registration to monitor and review the registration of marriages in the district and block level.