They have to take on revengeful spouses, greedy panchayats and provide the burden of proof. Now, a new amendment may only make it tougher
When Chhota Chaudhary was in class 9, she was woken up in the middle of the night and made to participate in a ceremony. The groggy teenager did as she was told but it wasn’t until later that she realised that she, and her cousins, were married that night.
Three years later, the harassment from her husband became too much to bear. “He was illiterate and did drugs also. He kept forcing me to move to his house and I didn’t want to. I wanted to study more and he said if he hadn’t studied, why should I,” says the 23-year-old who is now living independently in Jodhpur.
The final straw was when he dragged her on the road in the middle of the day, ripping her clothes as bystanders watched without intervening. That day she decided, no matter what, she would find her way out of this forced marriage.
It took her three years of going in and out of family court, but she finally managed to get her child marriage annulled.
Child marriages may be a cognisable offence in India, but they are not inherently void, simply voidable. This means that either party to the marriage can choose to get it annulled (up until the age of 20 for girls after which they would need to file for divorce). Annulments may be the way out for those trapped in child marriages, but they aren’t easy. From dealing with jati (caste) panchayats to proving that the secretive ceremonies actually happened, the challenges are many.
Kriti Bharti, managing trustee of the Saarthi Foundation, has managed to get 43 child marriages voided in Rajasthan despite threats. It can be a complicated process, she admits. “One has to prove in court that the marriage happened when the child was underage. But these marriages happen at night, in secret. Phones aren’t even allowed, there are no invitation cards. So we have to use testimonies and other ways to prove it,” she says.
All of this may become even more complicated by a recent controversial amendment in Rajasthan that requires even child marriages to be registered. Currently the bill has been stayed by the Governor but Bharti says that if implemented, it could be disastrous for annulments, legitimising the practice in the eyes of the layperson.
“Say I take a child to court to get their marriage cancelled, I believe I will now be asked to present their registration certificate. Even if the marriage has been registered, why would parents who got their child married as a minor hand them the certificate when they know she’s trying to get an annulment?” she says.
“They’re not going to say, ‘Ja Simran, jee le apni zindagi’. (Go, take your own decisions.) That only happens in movies.”
The logic behind this amendment is that it safeguards the legal rights of children by making things official. Child rights activist Vijay Goyal, who is in favour of this amendment, says, “I believe this amendment will provide protection to the child. Say, there’s a girl who gets married and her spouse dies. His family could just disown her and she won’t have any legal rights over property etc. This can help her,” he says.
Child rights activist Lata Singh calls the amendment an unnecessary measure. “Why would people who know they’re doing something wrong — these marriages do take place in secret — go and get them registered, when there is a risk they will be punished?” She adds that if the law was followed, then the need for annulments would reduce. “When officials come to find out about a child marriage, they simply go and stop it. What they should do is get an injunction and then file a case against those involved.”
Explaining the legal process, advocate Rajendra Soni, who handled Chaudhary’s annulment pro bono, says the burden of proof rests on the party asking for annulment. And during the process, there can be a lot of pressure.
“Chaudhary’s ex-husband would show up everywhere, even to her exam hall while she was giving her first year exam. He and his drunk friends showed up at the court, threatening her.” Another hurdle was the jati panchayat which demanded Rs 25 lakh from her family as a form of punishment for going against child marriage which they consider to be a part of their traditional culture.
In the case of Santa Devi, who enlisted Bharti’s help to get an annulment after she found out she had been married when she was only 13 months old, the jati panchayat demanded her family pay Rs 16 lakh, which made her father who had been supportive back off out of sheer fear. “Hundreds of people from her village would come to court, they would print news against me, get political leaders to threaten me, saying they’ll shut down my NGO. Her ex-husband even sent me rape threats,” says Bharti.
Having made her way out of a traumatic situation, 26-year-old Santa has started her life anew with a job in a big insurance company and newly married to a man of her choosing. She too is against this amendment. “I don’t know if I would have had the strength if I needed a marriage certificate which my parents wouldn’t provide.”