The Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021, marks a significant change in the state’s approach to the registration of marriages. This amendment to the 2009 Act aims to make the process of registering marriages more efficient and introduces new stipulations regarding the roles of various stakeholders in the registration process. The bill has sparked controversy, especially concerning its implications for child marriages.
Overview of the Amendment
The primary goal of the Rajasthan Compulsory Registration of Marriages (Amendment) Bill is to modify the existing marriage registration framework established by the 2009 Act. The amendment brings clarity to the appointment of Marriage Registration Officers, delineating their roles and responsibilities more clearly. It also emphasizes the duties of the parties involved in a marriage to ensure that the event is registered according to legal requirements.
Appointment of Marriage Registration Officers
One of the key features of the amendment is the detailed appointment process for Marriage Registration Officers. These officers are tasked with overseeing the registration of marriages within their designated jurisdictions. The amendment outlines the qualifications necessary for an individual to be appointed as a Marriage Registration Officer, ensuring that only competent personnel handle the sensitive task of recording marital unions.
Duty to Submit Memorandum for Registration
Under the amended act, there is a renewed emphasis on the duty of the parties to a marriage to submit a memorandum for registration. This memorandum is a critical document that serves as the official record of the marriage. The amendment specifies the timeframe within which this document should be submitted, making it mandatory for the parties to comply with these timelines to avoid legal repercussions.
Registration of Minors’ Marriages
The most contentious aspect of the amendment is the provision related to the registration of marriages involving minors. According to the new bill, the parents or guardians of a bridegroom who is below 21 years of age and a bride who is below 18 years of age must register the marriage within 30 days of its occurrence. This particular clause has raised concerns among critics who argue that it could serve to legitimize child marriages, a practice that is illegal but still prevalent in some parts of India.
Criticism and Concerns
Critics of the amendment assert that instead of preventing child marriages, the bill might inadvertently endorse them by providing a mechanism for their registration. Activists and social workers are worried that this could undermine efforts to eradicate child marriages and protect the rights of minors. They contend that the law should focus on penalizing such unions rather than creating pathways for their official recognition.
Legal Implications
The legal implications of the Rajasthan Compulsory Registration of Marriages (Amendment) Bill are far-reaching. While it seeks to streamline the process of marriage registration, it also intersects with the broader legal framework governing the age of consent and the prohibition of child marriages. Legal experts are analyzing the amendment to understand how it aligns with existing laws and the potential challenges it may face in implementation.
Future Outlook
As the bill has been passed by the State Assembly, the next steps involve its enactment and the subsequent rollout of the new registration procedures. Government officials, civil society organizations, and the public at large will need to closely monitor the impact of this amendment on the societal issue of child marriage. It remains to be seen whether the bill will achieve its intended purpose of streamlining marriage registration or if it will require further amendments to address the concerns raised by its critics.
