Five child marriages stopped through court-issued injunctions on a single day in Rajasthan’s Sikar
Five separate child marriages were stopped in Rajasthan's Sikar district on a single day through injunction orders issued by a Judicial Magistrate.
The injunctions were issued under Section 13(1) of the Prohibition of Child Marriage Act, 2006, which empowers a magistrate to proactively bar a child marriage before it is solemnised.
District Child Marriage Prohibition Officers and local officials, including patwaris and gram panchayat functionaries, are typically involved in identifying and reporting such planned marriages.
The action reflects an ongoing enforcement pattern in Rajasthan, where courts and child welfare authorities have increasingly relied on preventive injunctions rather than only post-facto prosecution.
Prohibition of Child Marriage Act, 2006 — Preventive Injunction Under Section 13
The Prohibition of Child Marriage Act, 2006 replaced the earlier Child Marriage Restraint Act, 1929 (the "Sarda Act"), and came into force on November 1, 2007. Section 13(1) allows a Judicial Magistrate of the First Class or a Metropolitan Magistrate, on a complaint or upon personal knowledge, to issue an injunction prohibiting a child marriage that is arranged or about to be solemnised — a preventive, forward-looking remedy rather than a punitive one applied after the marriage occurs.
Key Details
- A "child" under the Act is defined as a male who has not completed 21 years and a female who has not completed 18 years of age (Section 2(a)).
- Section 13(2) allows the magistrate to issue an injunction even without prior notice to the other party in cases of urgency.
- Disobeying an injunction issued under Section 13 is punishable with imprisonment up to two years, a fine up to ₹1 lakh, or both.
- Complaints can be filed by any person with knowledge or reasonable belief of an impending child marriage, or by a recognised NGO — not restricted to affected parties alone.
The five Sikar injunctions are a direct application of Section 13's preventive mechanism, illustrating how the law is designed to stop child marriages before solemnisation rather than only penalise them afterward.
Distinguishing Void, Voidable, and Valid Child Marriages Under the 2006 Act
Unlike the 1929 Act, which only imposed penalties without affecting the marriage's validity, the 2006 Act introduces a graded framework: child marriages are not automatically void, but are voidable at the option of the contracting party who was a child at the time of marriage (Section 3), while marriages involving specific aggravating factors — such as those solemnised by force, fraud, trafficking, or in defiance of an injunction — are void ab initio under Section 12.
Key Details
- A voidable marriage may be annulled by filing a petition in district court within two years of attaining majority (Section 3(3)).
- Section 12 covers void marriages: where a minor is taken/enticed away from lawful guardianship, or compelled through force, fraud, or trafficking-like means, or solemnised in violation of a Section 13 injunction or Section 14/15 stay order.
- The 2021 Prohibition of Child Marriage (Amendment) Bill, still pending, proposes raising the minimum marriage age for women from 18 to 21 years, to be brought at par with men, with an overriding effect on personal laws and customs — a proposal not yet enacted.
Because the five marriages were stopped before solemnisation via injunction, the void/voidable distinction did not need to be invoked here — but it remains the applicable framework had any of the marriages proceeded regardless.
Child Marriage Prevalence and Rajasthan's Enforcement Context
Rajasthan has historically recorded one of India's higher child marriage prevalence rates, linked partly to customary mass-marriage occasions such as Akshaya Tritiya and Peepal Amavasya, prompting sustained monitoring by District Child Marriage Prohibition Officers and courts during these periods.
Key Details
- Per NFHS-5 (2019–21), 25.4% of women aged 20–24 in Rajasthan were married before age 18, down from 35.4% in NFHS-4 (2015–16) — a decline of roughly 10 percentage points, though still above the national average of 23.3% (NFHS-5).
- The Rajasthan High Court has issued directions holding gram panchayats accountable for failing to prevent child marriages within their jurisdiction, reinforcing local-body responsibility alongside judicial and police enforcement.
- Article 21 (right to life and personal liberty, including the right to health and choice) and Article 21A (right to education, ages 6–14) are constitutional anchors frequently cited in child marriage litigation, alongside Article 15(3), which permits special provisions for women and children.
The Sikar injunctions form part of this broader state-level enforcement pattern, where preventive legal tools are deployed seasonally and situationally against a documented, if declining, prevalence of child marriage in the state.
- Prohibition of Child Marriage Act, 2006: in force since November 1, 2007; replaced the Child Marriage Restraint Act, 1929.
- Definition of "child": male under 21 years, female under 18 years (Section 2(a)).
- Section 13(1): magistrate's power to issue preventive injunction against an impending child marriage.
- Punishment for violating a Section 13 injunction: up to 2 years' imprisonment and/or fine up to ₹1 lakh.
- Rajasthan child marriage prevalence (women 20–24 married before 18): 25.4% (NFHS-5, 2019–21), down from 35.4% (NFHS-4, 2015–16); national average 23.3% (NFHS-5).
- Prohibition of Child Marriage (Amendment) Bill, 2021 (pending): proposes raising female marriage age from 18 to 21.