Press Esc to close

SC commends Ktka amendment in child marriage law, asks other govts. to follow su

DH News Service, New Delhi, Oct 12 2017, 2:26 IST
The Supreme Court, DH File Photo

The Supreme Court, DH File Photo

The Supreme Court on Wednesday commended the Karnataka government's amendment to the law by declaring all child marriages as void and asked other states to follow suit.

The Court said early marriage takes away the self confidence of a girl child and subjects her, in a sense, to sexual abuse. Under no circumstances can it be said that such a girl child lives a life of dignity.

On Karnataka High Court's direction on November 10, 2010, a committee headed by former SC judge Justice Shivraj V Patil examined the issue and recommended that marriage of a girl child below the age of 18 years should be declared void ab initio.

Subsequently, the state legislature has inserted sub-Section (1A) in Section 3 of the Prohibition of Child Marriage Act. Having received the assent of the President on April 20, 2017, henceforth, all child marriages that are solemnized are void ab initio.

“The most obvious and appropriate resolution of the conflict has been provided by the state of Karnataka. Therefore, the husband of a girl child would be liable for punishment for a child marriage under the PCMA, for penetrative sexual assault or aggravated penetrative sexual assault under the Protection of Children from Sexual Offences Act and if the husband and the girl child are living together in the same or shared household for rape under the IPC,” Justice Madan B Lokur said.

The court said it would be wise for all the state legislatures to adopt the route taken by Karnataka to void child marriages and thereby ensure that sexual intercourse between a girl child and her husband is a punishable offence under the POCSO Act and the IPC.

Noting the Karnataka development, Justice Deepak Gupta, in his separate judgement, said, “This is how the law should have been throughout the country. Where the marriage is void, there cannot be a husband or a wife and I have no doubt that protection of Exception 2 to Section 375 IPC cannot be availed of by those persons, who claim to be 'husband' of 'child brides' pursuant to a marriage which is illegal and void.”

Go to Top

Photo Gallery
Smokes and flame comes out from the window after a high rise office building caught fire...

Smokes and flame comes out from the window after a high rise office building caught fire...

Officials of the Pakistani Anti-Narcotic Force destroy confiscated drugs and liquor in Lahore...

Officials of the Pakistani Anti-Narcotic Force destroy confiscated drugs and liquor in Lahore...

A view of illuminated Swaminarayan temple on occasion of Diwali in Surat...

A view of illuminated Swaminarayan temple on occasion of Diwali in Surat...

Students pose after lighting oil lamps around a 'Rangoli' outside their hostel...

Students pose after lighting oil lamps around a 'Rangoli' outside their hostel...

Jammu and Kashmir Chief Minister Mehbooba Mufti celebrates Diwali with orphans in Jammu...

Jammu and Kashmir Chief Minister Mehbooba Mufti celebrates Diwali with orphans in Jammu...

Prime Minister Narendra Modi celebrating the Diwali with the jawans of the Indian Army...

Prime Minister Narendra Modi celebrating the Diwali with the jawans of the Indian Army...

President Ram Nath Kovind greeting people on the occasion of Diwali festival at Rashtrapati Bhavan..

President Ram Nath Kovind greeting people on the occasion of Diwali festival at Rashtrapati Bhavan..

Devotees queued at Dakhheneswar Kali temple during Diwali festival in Kolkata...

Devotees queued at Dakhheneswar Kali temple during Diwali festival in Kolkata...

CPI(M) workers chant slogans at a protest rally outside BJP headquarters in New Delhi on Tuesday...

CPI(M) workers chant slogans at a protest rally outside BJP headquarters in New Delhi on Tuesday...

Woman teachers pose with Diwali greeting messages at a school in Moradabad on Tuesday...

Woman teachers pose with Diwali greeting messages at a school in Moradabad on Tuesday...

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523
Powered by Yodasoft Technologies Pvt. Ltd.