Judgment Impact – Haryana State Legislature amends Child Marriage Law

Prohibition of Child Marriage (Haryana Amendment) Act, 2020

1. After  sub-section (1) of section 3 of the Prohibition of Child Marriage Act, 2006, the following sub-section shall be inserted, namely:-    

“(1A) Notwithstanding anything contained in sub-section (1), every child marriage

solemnized on or after the date of commencement of the Prohibition of Child Marriage (Haryana Amendment) Act, 2020, shall be void ab initio.” 

STATEMENT OF OBJECTS AND REASONS

The Hon’ble Supreme Court while deciding the Writ Petition (civil) No. 382 of 2013 titled as “Independent Thought versus UOI and Anr.” declared that the Protection of Children from Sexual Offences Act, 2012 being a special law prevails over Indian Penal Code, 1860 and sex with a minor wife aged between 15 to 18 years as per the prevailing exception 2 of section 375 of IPC was arbitrary and violative of the Constitution. Accordingly, the Hon’ble Apex Court invalidated the existing exception 2 of Section 375 of Indian Penal Code vide which sexual intercourse between a man and his wife being a girl of aged between 15 to 18 years is not a rape as per Section 375 but as per the provisions of Section 6 of POCSO Act, this falls within the definition of rape.

Haryana makes Child Marriages as “Void ab initio” and makes husbands of minor brides criminally liable for Rape and other Sexual crimes by making applicable the Protection of Children from Sexual Offences Act, 2012

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