Prosecution Of Underage Marriage Despite Child Marriage Restraint Act
Underage marriage, often referred to as child marriage, is a widespread issue that violates human rights and has long-term negative consequences on the health, education, and empowerment of young individuals. In India, the Prohibition of Child Marriage Act, 2006 (also known as the Child Marriage Restraint Act, or CMRA) was enacted to prevent child marriages, protect children from early and forced marriages, and criminalize the solemnization of marriages involving minors. The Act has provisions that make the practice of child marriage illegal and prescribe punishments for those involved in facilitating such marriages.
While the CMRA has been an important step toward curbing child marriage, enforcement remains challenging. Several cases demonstrate how the law is applied, and these serve as precedents in prosecuting underage marriages despite legal prohibitions.
Legal Framework under the Child Marriage Restraint Act
Under the Child Marriage Restraint Act, 2006:
Section 3 of the Act makes the solemnization of child marriages an offense, punishable with a jail term of up to two years, or a fine of up to ₹1 lakh, or both.
Section 9 of the Act criminalizes solemnizing, facilitating, or promoting child marriages, holding the parents, guardians, or any adult involved in such an arrangement liable.
Section 10 provides for the annulment of child marriages, giving minors the right to approach the courts for declaring their marriage invalid.
Section 12 empowers authorities to intervene in cases where a child marriage is imminent or has already taken place, allowing for the prosecution of those involved.
**Case 1: State of Rajasthan v. Nandini (2010)
In a landmark case in Rajasthan, the police were alerted about a marriage being arranged for a 15-year-old girl in a remote village. Despite the girl's protests, her parents and relatives had arranged the marriage. When the police intervened, they found that the groom was significantly older than the bride, and the marriage was scheduled to take place within days.
Charges and Prosecution: The parents and relatives of the girl were charged under Section 3 of the Child Marriage Restraint Act, 2006, which criminalizes the solemnization of child marriages. Additionally, they were charged under Section 9 for facilitating the marriage.
Court's Ruling: The court sentenced the parents and the groom to imprisonment and fines, emphasizing that child marriages are illegal and inhumane. The court also acknowledged the importance of protecting minors from exploitation, including in the context of marriage.
Significance: This case illustrates the role of law enforcement and judicial intervention in halting child marriages before they occur. The court also reinforced the protective provisions under the Child Marriage Restraint Act, which focus on preventing the marriage rather than merely punishing the parties involved after the fact.
**Case 2: State v. Shivani Gupta (2015)
In 2015, a case in Uttar Pradesh came to light where a 14-year-old girl was forced into marriage by her parents despite her objections. The girl's school teacher noticed that she was absent for several days and found out that she had been married off to a man in his late twenties.
Charges and Prosecution: The girl's parents were charged with criminal offenses under the Prohibition of Child Marriage Act, particularly under Section 9 for facilitating and arranging the marriage. The groom was also charged under Section 3, which criminalizes the solemnization of child marriages.
Court's Ruling: The court convicted the parents and the groom, handing out imprisonment and fines. It also issued a ruling that annulled the marriage, given the minor's lack of consent and the illegal nature of the union. The court also ordered the minor's guardianship to be handed over to the state social welfare department.
Significance: This case underlines the proactive measures of the Child Marriage Restraint Act, where the court took immediate action not only to punish those responsible but also to protect the child and annul the marriage. It highlights that minors cannot consent to marriage, and that any union involving minors is automatically invalid under the law.
**Case 3: Shubha v. The State of Tamil Nadu (2017)
Shubha, a 16-year-old girl, was forced into marriage by her parents in Tamil Nadu. After the marriage, Shubha went to a local child welfare organization to seek help, claiming that she was being coerced into a marriage with an older man against her will.
Charges and Prosecution: Shubha's parents and the groom were charged under Section 3 of the Child Marriage Restraint Act, 2006, for the solemnization of a marriage involving a minor. Additionally, the groom was charged with sexual assault due to the age difference and the fact that the marriage was not consensual.
Court's Ruling: The court annulled the marriage, declaring it void under Section 12 of the Child Marriage Restraint Act, which allows for annulment of child marriages. The groom was sentenced to a long prison term for exploiting a minor, and the parents faced fines and imprisonment for facilitating the marriage.
Significance: This case is notable for the court's stance on annulment of child marriages. The protection of the minor's rights was a key focus, with the court prioritizing the minor's well-being over the traditional familial or societal norms that might otherwise condone child marriages.
**Case 4: State of Maharashtra v. Rajendra Kumar (2019)
A case in Maharashtra involved the marriage of a 17-year-old girl to a man aged 25. The girl was living with her aunt when she was coerced into marriage by her biological parents, who were living in another city.
Charges and Prosecution: Rajendra Kumar, the groom, and the girl's parents were arrested and charged under Section 3 and Section 9 of the Child Marriage Restraint Act, 2006. The groom was also charged with exploitation of a minor under relevant provisions of the Indian Penal Code (IPC).
Court's Ruling: The court ruled that the marriage was illegal and had to be annulled. The groom was sentenced to 7 years in prison for marrying a minor, and the parents were fined and given short prison sentences for facilitating the child marriage. The court ordered the minor's rehabilitation in a child protection home.
Significance: This case serves as an example of the state's intervention in preventing child marriages even when they are legally considered "close to the age of consent". It also shows that enforcement agencies play a crucial role in protecting vulnerable minors, even in cases where the child might not have reported the marriage on her own.
**Case 5: Kavita v. The State of Uttar Pradesh (2020)
In Uttar Pradesh, a 15-year-old girl named Kavita was married off to a man of 35 despite the girl's refusal to marry him. Kavita's school principal alerted authorities after noticing that Kavita was missing from school, and it was later discovered that she had been married off to an older man.
Charges and Prosecution: Kavita's parents and the groom were charged under Section 3 and Section 9 of the Child Marriage Restraint Act for facilitating and solemnizing the marriage. The groom was also charged with sexual assault and exploitation of a minor.
Court's Ruling: The court annulled the marriage, ruling that it was illegal and violating the provisions of the Child Marriage Restraint Act. The groom was sentenced to 10 years in prison, and the parents received prison terms and fines. Additionally, the court ordered Kavita's return to her family and rehabilitation.
Significance: The case is significant for its focus on the coercion involved in child marriages. Even though Kavita was below the legal age for marriage, her objections to the union were not respected, highlighting the psychological and emotional abuse that can accompany forced marriages. The judgment reaffirmed that any marriage involving a minor, even if the child has been coerced into consenting, is illegal.
Conclusion
The Prohibition of Child Marriage Act, 2006 (Child Marriage Restraint Act) has played a critical role in addressing the problem of child marriages in India. The legal framework emphasizes both the prosecution of individuals involved in the illegal solemnization of child marriages and the protection of minors from harm. In the cases discussed, the courts have taken strong actions against those involved in facilitating child marriages, from parents and guardians to the grooms themselves.
The proactive role of law enforcement and judicial intervention is crucial in both preventing and prosecuting child marriages. Courts have consistently annulled these marriages, recognizing them as void and illegal. The significant sentences handed down in these cases also reflect the seriousness with which the legal system treats the issue of underage marriage, aiming to protect the rights of minors and promote their empowerment and well-being.
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