President gives assent to Haryana law declaring child marriages void

President Droupadi Murmu has given her assent to a legislation of Haryana under which every child marriage that has been solemnised will be considered as void ab initio having no legal effect from inception thus making a marital relationship between a man and a girl aged between 15 and 18 years illegalThe Prohibition of Child Marriage Haryana Amendment Bill 2020 was enacted following a Supreme Court rulingThe apex court had declared that the Protection of Children from Sexual Offences POCSO Act 2012 being a special law prevails over the Indian Penal Code 1860 and sex with a minor wife aged between 15 and 18 years in accordance with the prevailing exception 2 of section 375 of the IPC is arbitrary and violative of the ConstitutionAccordingly the apex court invalidated the existing exception 2 of section 375 of the IPC under which sexual intercourse between a man and his wife aged between 15 and 18 years does not amount to the offence of rape as defined under section 375 But according to the provisions of section 6 of the POCSO Act this falls within the definition of rapeAlso Read Ankita Bhandari case SIT recovers 2 vehicles used in crime says DIGThe Supreme Court has also observed that it would be wise for all the state legislatures to adopt the route taken by Karnataka to make child marriages void and thereby ensure that sexual intercourse between a minor girl and her husband is a punishable offence under the POCSO Act and the IPCAccordingly the Prohibition of Child Marriage Haryana Amendment Bill 2020 was enacted and the legislation has now received the presidential assent a home ministry official saidThe president has also given her assent to the Registration Tamil Nadu Amendment Bill 2021 to further amend the Registration Act 1908 to prevent registration of forged documents and impersonation and to cancel registrations done on the basis of forged documentsFollowing the enactment of the Bill the registrar could issue a showcause notice asking why a registration shall not be cancelled and on a consideration of the reply may cancel the registration and enter the cancellation in the relevant books and indicesIt has another provision that allows any person aggrieved by an order of the registrar to file an appeal with the inspectorgeneral within 30 days of cancellationCurrently the provisions of the Registration Act 1908 Central Act XVI of 1908 do not empower the registering officer or any other authority to cancel a document once registered even on the grounds of fraud and impersonation causing grave hardship to those who have been cheatedThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever