Make Child Marriage Act provision gender neutral

Justice S Vaidyanathan while granting anticipatory bail to a woman who had allegedly performed a child marriage in Namakkal, said “Though in all cases of child marriages, women cannot be blamed, this court is of the view that proviso to section 11(1) of the Prohibition of Child Marriage Act should be neutral to both the genders, as it is not so now in the enactment.” 

Section 11 (1) which provides for two years’ rigorous imprisonment and a fine extending up to one lakh rupees to those who either promotes or even negligently support child marriage or for that matter participates or attends a child marriage ends with saying “Provided that no woman shall be punishable with imprisonment.” 

As per the case, Parvathi (55) of Namagiripettai in Namakkal, who is the grandmother of a girl aged about 16 years had performed her marriage with one Madhu and thus committed an offence of Child Marriage based on which a case had been registered. 

During the hearing of the case Parvathi’s counsel contended that she had been falsely implicated in the case and that she cannot be faulted based on the provisions laid down under Section 11 of Prohibition of Child Marriage Act, 2006.

On the other hand, the government pleader submitted that Parvathi was the sole guardian of the minor girl right from her childhood and hence was behind the girl’s marriage to Madhu. 

However, the judge held that “Considering the facts and circumstances and in view of the proviso to Section 11(1) of Prohibition of Child Marriage Act, I am inclined to grant anticipatory bail to the petitioner.”