Annual Report - National Human Rights Commission

A Review of Laws
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Government of India informed that they had introduced a new Bill entitled ‘The Prevention
of Child Marriage Bill, 2004’ in the Rajya Sabha on 20-12-2004. This Bill, the Legislative
Department stated, would repeal the Child Marriage Restraint Act, 1929.
17.3 The meeting appreciated the Legislative Department for their efforts in introducing the
new Bill in the Rajya Sabha as well as for taking into consideration almost all the amendments/
recommendations proposed by the Commission in the new Bill. The meeting was attended,
inter alia by the Secretary and the Joint Secretary, Legislative Department, Ministry of Law
and Justice; the Joint Secretary, Department of Women and Child Development, Ministry of
Human Resource Development; the Joint Secretary and the Senior Research Officer, National
Commission for Women and Director (Human Rights), Ministry of Home Affairs.
In this meeting, a general discussion also took place on the new Bill introduced in
Parliament and the provisions incorporated therein. After a detailed discussion, it was
pointed out that –
●
there was need to bring the definition of child in the proposed Bill in consonance with the
definition prescribed for the child in the ‘Convention on the Rights of the Child’ that had
been ratified by the Government of India;
●
there was need to make a statutory provision on compulsory registration of marriages as
this would deter communities from indulging in child marriages; and
●
keeping in view the best interest of the child, there was need to modify Section 14 of the
proposed Bill.
17.4 Later, in response to an advertisement in the National Herald dated 28-02-2005 inviting
memoranda containing views of individuals/organizations, interested in the “Prevention of
Child Marriage Bill, 2004”, the Commission wrote a letter to the Secretary, Legislative
Department in March 2005 requesting that the above three points be referred to the Department
related to Parliamentary Standing Committee on Personnel, Public Grievances, Law
and Justice for consideration so that necessary amendments could be further made in the
proposed Bill.
17.5 As one of the suggestions that emanated from the discussion held on 22-02-2005 pertained
to organization of mass scale awareness programmes/campaigns in order to educate and sensitize
people about the demerits of child marriages, the Chairperson wrote to the Minister of Human
Resource Development, Government of India and the Chief Ministers/ Administrators of all
States/Union Territories. Similarly, the Secretary General of the Commission also wrote to the
Secretaries, Ministry of Panchayati Raj and the Department of Women and Child Development
as well as to the Chief Secretaries and Secretaries of the Department of Women and Child
Development/Social Welfare of all States and Union Territories. Copies of the letters
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