Child marriage not void, but voidable: Court


TNN

Write Comment     |     E-Mail To a Friend     |     Facebook     |     Twitter     |     Print


NEW DELHI: Stating that a sexual act between a man and his wife who is more than 15 years old does not amount to rape, a trial court has acquitted a youth of raping and kidnapping a minor. The court also termed their marriage valid saying, "child marriage contracted with a female of less than 18 years or a male of less than 21 years would not be a void marriage but a voidable one".

The court order is significant in the light of demands to amend the law related to child marriage. Human rights activists have time and again criticized the authorities for not doing enough to ban child marriage in India.

The country’s law defines a child as someone younger than 18 years and the Prohibition of Child Marriage Act prescribes jail for anyone-including parents-for allowing child marriage.

A survey found that every second bride in the country is a child but only around 400 people were arrested under this law in 2012.

Additional sessions judge Savita Rao let off Prashant Kumar Sahani after noting that the minor had eloped and married him by choice.

The court pointed out that the consent of the girl would be immaterial since she was less than 16 years old, but since she had married the accused "willingly" and was aged more than 15 years at the time of the incident, the general law would not apply in this case.

Relying upon a high court judgment, the judge said, "The consent of prosecutrix (alleged victim) below the age of 16 years is immaterial, except when rape is committed by a male who is married to the girl. Section 376 IPC (rape) does not treat the rape committed by a husband on his wife above the age of 15 years as an offence".

The court also held that their marriage cannot be declared null.

TIMES VIEW

The court must be commended for using a common sense approach to the law here. Clearly, treating marriages as void whenever the bride or groom is below the legal age for marriage is an impractical idea in the Indian context. The idea of discouraging inordinately early marriage is well-intentioned, but can be best actualized by building opinion on it through social reform rather than by brandishing the legal stick.

Write your Comments on this Article
Your Name
Native Place / Place of Residence
Your E-mail
Your Comment   You have characters left.
Security Validation
Enter the characters in the image above
    
Disclaimer: Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Kemmannu.com will not be responsible for any defamatory message posted under this article.
Please note that under 66A of the IT Act, sending offensive or menacing messages through electronic communication service and sending false messages to cheat, mislead or deceive people or to cause annoyance to them is punishable. It is obligatory on kemmannu.com to provide the IP address and other details of senders of such comments, to the authority concerned upon request. Hence, sending offensive comments using kemmannu.com will be purely at your own risk, and in no way will Kemmannu.com be held responsible.
Similarly, Kemmannu.com reserves the right to edit / block / delete the messages without notice any content received from readers.




52nd UAE National Day 2023 - Abu Dhabi Fireworks.
View More

Final Journey of Judith Lewis (91 years) | LIVE From KallianpurFinal Journey of Judith Lewis (91 years) | LIVE From Kallianpur
Obituary : Miss Judith Lewis (91), Milagres A Ward, KallianpurObituary : Miss Judith Lewis (91), Milagres A Ward, Kallianpur
Rozaricho Gaanch April, 2024 - Ester issueRozaricho Gaanch April, 2024 - Ester issue
Final Journey Of Theresa D’Souza (79 years) | LIVE From Kemmannu | Udupi |Final Journey Of Theresa D’Souza (79 years) | LIVE From Kemmannu | Udupi |
Invest Smart and Earn Big!

Creating a World of Peaceful Stay!

For the Future Perfect Life that you Deserve! Contact : Rohan Corporation, Mangalore.Invest Smart and Earn Big! <P>Creating a World of Peaceful Stay! <P>For the Future Perfect Life that you Deserve! Contact : Rohan Corporation, Mangalore.


Final Journey Of Joe Victor Lewis (46 years) | LIVE From Kemmannu | Organ Donor | Udupi |Final Journey Of Joe Victor Lewis (46 years) | LIVE From Kemmannu | Organ Donor | Udupi |
Milagres Cathedral, Kallianpur, Udupi - Parish Bulletin - Feb 2024 IssueMilagres Cathedral, Kallianpur, Udupi - Parish Bulletin - Feb 2024 Issue
Way Of Cross on Good Friday 2024 | Live From | St. Theresa’s Church, Kemmannu, Udupi | LIVEWay Of Cross on Good Friday 2024 | Live From | St. Theresa’s Church, Kemmannu, Udupi | LIVE
Good Friday 2024 | St. Theresa’s Church, Kemmannu | LIVE | UdupiWay Of Cross on Good Friday 2024 | Live From | St. Theresa’s Church, Kemmannu, Udupi | LIVE
2 BHK Flat for sale on the 6th floor of Eden Heritage, Santhekatte, Kallianpur, Udupi2 BHK Flat for sale on the 6th floor of Eden Heritage,  Santhekatte, Kallianpur, Udupi.
Maundy Thursday 2024 | LIVE From St. Theresa’s Church, Kemmannu | Udupi |Maundy Thursday 2024 | LIVE From St. Theresa’s Church, Kemmannu | Udupi |
Kemmennu for sale 1 BHK 628 sqft, Air Conditioned flatKemmennu for sale 1 BHK 628 sqft, Air Conditioned  flat
Symphony98 Releases Soul-Stirring Rendition of Lenten Hymn "Khursa Thain"Symphony98 Releases Soul-Stirring Rendition of Lenten Hymn
Palm Sunday 2024 at St. Theresa’s Church, Kemmannu | LIVEPalm Sunday 2024 at St. Theresa’s Church, Kemmannu | LIVE
Final Journey of Patrick Oliveira (83 years) || LIVE From KemmannuFinal Journey of Patrick Oliveira (83 years) || LIVE From Kemmannu
Carmel School Science Exhibition Day || Kmmannu ChannelCarmel School Science Exhibition Day || Kmmannu Channel
Final Journey of Prakash Crasta | LIVE From Kemmannu || Kemmannu ChannelFinal Journey of Prakash Crasta | LIVE From Kemmannu || Kemmannu Channel
ಪ್ರಗತಿ ಮಹಿಳಾ ಮಹಾ ಸಂಘ | ಸ್ತ್ರೀಯಾಂಚ್ಯಾ ದಿಸಾಚೊ ಸಂಭ್ರಮ್ 2024 || ಸಾಸ್ತಾನ್ ಘಟಕ್ಪ್ರಗತಿ ಮಹಿಳಾ ಮಹಾ ಸಂಘ | ಸ್ತ್ರೀಯಾಂಚ್ಯಾ ದಿಸಾಚೊ ಸಂಭ್ರಮ್ 2024 || ಸಾಸ್ತಾನ್ ಘಟಕ್
Valentine’s Day Special❤️||Multi-lingual Covers || Symphony98 From KemmannuValentine’s Day Special❤️||Multi-lingual Covers || Symphony98 From Kemmannu
Rozaricho Gaanch December 2023 issue, Mount Rosary Church Santhekatte Kallianpur, UdupiRozaricho Gaanch December 2023 issue, Mount Rosary Church Santhekatte Kallianpur, Udupi
An Ernest Appeal From Milagres Cathedral, Kallianpur, Diocese of UdupiAn Ernest Appeal From Milagres Cathedral, Kallianpur, Diocese of Udupi
Diocese of Udupi - Uzvd Decennial Special IssueDiocese of Udupi - Uzvd Decennial Special Issue
Final Journey Of Canute Pinto (52 years) | LIVE From Mount Rosary Church | Kallianpura | UdupiFinal Journey Of Canute Pinto (52 years) | LIVE From Mount Rosary Church | Kallianpura | Udupi
Earth Angels Anniversary | Comedy Show 2024 | Live From St. Theresa’s Church | Kemmannu | UdupiEarth Angels Anniversary | Comedy Show 2024 | Live From St. Theresa’s Church | Kemmannu | Udupi
Kemmannu Cricket Match 2024 | LIVE from KemmannuKemmannu Cricket Match 2024 | LIVE from Kemmannu
Naturya - Taste of Namma Udupi - Order NOWNaturya - Taste of Namma Udupi - Order NOW
New Management takes over Bannur Mutton, Santhekatte, Kallianpur. Visit us and feel the difference.New Management takes over Bannur Mutton, Santhekatte, Kallianpur. Visit us and feel the difference.
Focus Studio, Near Hotel Kidiyoor, UdupiFocus Studio, Near Hotel Kidiyoor, Udupi