– Radiance News Desk
A Muslim judge set a significant legal precedent regarding child marriages in Rajasthan. Judge Muzaffar Choudhary utilized the provisions of the Prohibition of Child Marriage Act, 2006 to annul a child marriage, marking the 50th such annulment in the state. His judgment garnered attention for its role in catalyzing social reform.
The Prohibition of Child Marriage Act of 2006, which replaced the earlier Child Marriage Restraint Act of 1929, assumes paramount importance in these annulments. Notably, Section 3 of the 2006 Act provides that child marriages can be declared voidable at the discretion of a contracting party who is still a child. This provision empowers young individuals who find themselves trapped in child marriages to seek their annulment through legal channels.
A girl, Kanchan, had been subjected to a child marriage when she was merely seven years old and had since suffered the consequences of this union. However, with the assistance of an NGO Saathi Trust, she undertook the legal process to get her child marriage dissolved, thereby freeing herself from an undesirable matrimonial alliance.
In his judgment, Judge Choudhary noted that the adverse effects of child marriages span across generations. He emphasized the societal responsibility to deter childhood nuptials, citing their detrimental impact on both individuals and the community at large.
Child marriages are deeply rooted in Rajasthan’s traditional customs, often endorsed by religious and cultural practices. The legal route to annulment provides an avenue for those caught in child marriages to seek relief and independence. The case highlights the role of the judiciary in safeguarding the rights of young individuals and promoting social reform.
