The SC sought to know from the Centre how it was going to address the concerns and shortcomings of the law on the menace of child marriage.
NEW DELHI: The Supreme Court on Monday sought to know from the Centre how it was going to address the concerns and shortcomings pointed out in the recently enacted law aimed at preventing the menace of child marriage.
A bench headed by Chief Justice K G Balakrishnan asked the Centre to file a statement explaining the mode to address the issues raised by the National Commission for Women and Delhi Commission for Women that there still exists anamolies in the definition of child.
The order came after advocate Aparna Bhatt, appearing for the two Commissions, raised objections to the submission by Additional Solicitor General Amrender Sharan that the legislation 'The Prohibition of Child Marriage Act, 2006, which got the President's assent on Janaury 10 this year, completely addresses the concern on child marriage.
He said the Act imposes penal punishment against those aiding and abetting child marriages.
The women organisations and others have contended that the variance in age in different Acts to define 'minor' or 'child' was coming in way of dispensation of justice, particularly in case of girls below 18 years marrying after eloping with adult male.
The lawyer pointed out that the new act has not done enough to wipe out the provision in the Indian Penal Code which allows the husband to have intercourse with minor wife.
She pointed out that similar concern was raised by the Delhi High Court and Andhra Pradesh High Court which had expressed their helplessness in declaring as illegal the marriage of minor girls.
Similarly, she said such issues of anamolies in age to permit marriage are also there in personal laws along with other laws governing marriages, which makes the dispensation of justice difficult.
The Acts, which have come in question are Child Marriage (Restraint) Act, 1929, Hindu Marriage Act, 1955 and Juvenile Justice (Care and Protection of Children) Act, 2000.
These Acts, Indian Penal Code and Shariat Law have several anamolies relating to efforts to prevent child marriage, which in recent times was reflected in the orders of the apex court and High Courts, the counsel said.
The anamolies, which were to be examined are, while the Child Marriage Act prevents marriage of girls and boys below 18 years and 21 years, sections 5 and 11 of the Hindu Marriage Act did not authorise the court to declare as void themarriage on the ground that either of the party being under age.
Further, the Juvenile Justice Act defines child as a person below 18 years but the IPC has no such definition and the age of consent for sexual intercourse has been 16 years.
In the exception to the definition of rape, the statute says it would not constitute rape if a man has sexual intercourse with a person who is his wife above 15 years.
Similarly, as per the Shariat law, marriage above 15 years is valid.
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