Assam crackdown on Child Marriage – What does the law say
- February 8, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Assam crackdown on Child Marriage – What does the law say
Subject : Schemes
Concept :
- The Assam Government has arrested over 2,000 men in a state-wide crackdown on child marriages.
- Chief Minister Himanta Biswa Sarma said that the police will retrospectively book people who participated in child marriage in the last seven years.
- Assam has a high rate of maternal and infant mortality, with child marriage being the primary cause, according to reports by the National Family Health Survey (NFHS).
Men are arrested under which law?
- Men who married girls below 14 years of age would be booked under the Protection of Children From Sexual Offences Act, 2012 (commonly known as POCSO Act).
- The POCSO Act criminalises sex between a minor and an adult.
- The law does not recognize a minor’s consent as valid.
- Meanwhile, those marrying girls between 14 and 18 years would be booked under the Prohibition of Child Marriage Act, 2006.
Protection of Children from Sexual Offences (POCSO) Act:
- The POCSO Act was enacted in 2012. It criminalises sex between a minor and an adult.
- It is a gender-neutral act; it also recognizes that boys can also become victims of sexual violence as well.
- It defines a child as someone under the age of 18.
- The law does not recognize a minor’s consent as valid.
- Section 19 of the POCSO Act imposes a “mandatory reporting obligation” which requires every person who suspects or has knowledge of a sexual offence being committed against a child must report it to the police or the Special Juvenile Police Unit. Failure to do so will result in imprisonment, a fine, or both.
- The mandatory reporting obligations also require doctors to report cases where minor girls seek medical services during pregnancies.
Prohibition of Child Marriage Act 2006:
- The act says that child marriages are illegal but not void.
- They are voidable only when the minor partner asks the court to declare the marriage void.
- The Act prescribes 18 years as the minimum marriageable age for women, while for men it is 21 years.
- The Act punishes child marriage with imprisonment which may extend to 2 years or with a fine which may extend to Rs 1 lakh or both.
- The punishment also extends to anyone who performs or conducts any child marriage.
The debate over the Muslim legal age of marriage under personal law:
- Under Muslim personal laws, the marriage of a bride who has attained puberty is legal.
- Puberty is presumed on completed at the age of 15 years.
- The age gap difference provision between Muslim personal law and special legislation prohibiting child marriages or the sexual activity of minors classifying it as a criminal offence.
Judiciary’s Opinion:
- The Supreme Court is currently examining this issue since different High Courts have ruled differently on it.
- In January 2013, the Karnataka High Court ruled that the Prohibition of Child Marriage Act will have an overriding effect on the provisions of Muslim personal laws.
- Recently, The Punjab and Haryana High Court in a string of rulings has held that a Muslim girl can legally marry after attaining puberty.
- In October 2022, the Karnataka High Court quashed a POCSO case against a Muslim man.
- He was arrested after a hospital made mandatory disclosures under the law when his pregnant wife, aged 17 years and two months visited a doctor.
Central Government’s Opinion:
- In 2021, the Central government sought to introduce the Prevention of Child Marriage (Amendment) Bill 2021, to raise the manageable age for women across all religions, from 18 to 21 years.
- However, the Parliament panel examining this is yet to submit its report, after receiving an extension in October 2022.
- Ministry of Women & Child Development in 2020 had formed a committee headed by Jaya Jaitly to examine the matter.
- The committee submitted a report stating that the marriageable age for women should be increased from 18 to 21 years of age, in light of factors like reproductive health, education, etc.