NDIA EGAL - AT LOGGERHEADS The information commission and the judiciary are face to face over a jurisdictional issue that is impinging on the ...
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I L
Caste Census: NEET:
Unequal advantage A seesaw battle
NDIA EGAL
October 4, 2021
STORIES THAT COUNT
AT LOGGERHEADS
The information commission and the judiciary are face to face over a
jurisdictional issue that is impinging on the basic rights of citizenry
Contents
OCTOBER 4, 2021 PRIMA FACIE
Chinese Checkers 31
China’s Evergrande,
with a debt burden
Chief Patron Justice MN Venkatachaliah
of around $300
Editor Inderjit Badhwar billion, is the world’s
Senior Managing Editor Dilip Bobb
VO LUME XIV ISSUE 47 most indebted real
estate developer,
Deputy Managing Editor Shobha John
and its position has
Executive Editor Sujit Bhar sent shivers down
the spine of the
Deputy Editor Prabir Biswas
world’s financial
Junior Production Executive Shivangi Mugloo
MY SPACE markets
Deputy Art Editor Amitava Sen
Editor (Digital) Vikram Kilpady
Has the Rajasthan Government 22 ECONOMY
Legitimised Child Marriage? Rough Ride for Taxpayers 34
Group Brand Adviser
The Rajasthan assembly recently passed an amendment Bill
Richa Pandey Mishra The new IT portal has faced numerous glitches despite being handled by tech-giant
to The Rajasthan Compulsory Registration of Marriages Act,
CFO Infosys. As taxpayers face hurdles in filing their returns, the government should act fast
Anand Raj Singh 2009. It is alleged that the Bill has legitimised child marriage.
to sort out this issue
Sales & Marketing A reality check on what exactly has happened and what is the
Tim Vaughan, K L Satish Rao, James Richard,
Nimish Bhattacharya, Misa Adagini law on the subject
FOCUS
Circulation Manager
LEAD The Ramana Effect 26
36
Rakesh Kumar; contact no: 8377009646
email: indialegal.enc@gmail.com
The Most Unkindest Cut of All
Published by Prof Baldev Raj Gupta on behalf of E N Communications Pvt Ltd
Jurisdictional Crisis 8 The CJI’s tenure has seen many firsts—appointments to
courts, more women judges and elevation of lawyers. His While female circumcision violates the rights of minors, equilibrium cannot be achieved
The information commission and the judiciary are face to face over a jurisdictional issue boldness in promoting the rule of law should also be seen in by the court outlawing it. Instead, there should be a legislation that limits, not prohibits,
and printed at Acme Tradex India Pvt. Ltd. (Unit Printing Press), B -70, Sector - 80,
Phase II, Noida - 201305 (U.P.). All rights reserved. Reproduction or translation in which threatens to upset the delicate constitutional balance. The High Courts have been expediting adjudication of major cases this practice
any language in whole or in part without permission is prohibited. Requests for staying information commission orders, which are constitutionally sanctified as final and
permission should be directed to E N Communications Pvt Ltd . Opinions of without scope for appeal. APN channel did an in-depth discussion on the crisis on its special
writers in the magazine are not necessarily endorsed by show India Legal. A report SOCIETY HEALTH
E N Communications Pvt Ltd . The Publisher assumes no responsibility for the
return of unsolicited material or for material lost or damaged in transit.
EVENT
India’s Reality: Voting their Caste 28 A Case of
Vaccine Inequity 40
All correspondence should be addressed to E N Communications Pvt Ltd .
The demand of pro-Muslim groups that any caste census
We Need to Move Ahead in law 14 should include them and all religions is legitimate. Depriving
others would be a travesty of justice and contrary to the While some nations have started
Supreme Court judge PS Narasimha’s observations at a function organised by Indian constitutional principles booster shots for Covid-19, India is not
OWNED BY E. N. COMMUNICATIONS PVT. LTD. Society of International Law is an eye-opener for Indian law students, legal practitioners in a position to do so as the first shot
A -9, Sector-68, Gautam Buddh Nagar, NOIDA (U.P.) - 201309
Phone: +9 1-0120-2471400- 6127900 ; Fax: + 91- 0120-2471411 and law professors itself has not been given to the entire
e-mail: editor@indialegalonline.com population. Plus, there is not enough
website: www.indialegallive.com scientific evidence to push for it
MUMBAI: Arshie Complex, B-3 & B4, Yari Road, Versova, Andheri,
Mumbai-400058 OPINION 16
Has TN
RANCHI: House No. 130/C, Vidyalaya Marg, Ashoknagar, With the state passing a bill
Ranchi-834002.
LUCKNOW: First floor, 21/32, A, West View, Tilak Marg, Hazratganj, against NEET and the Justice
REGULARS
Lucknow-226001.
PATNA: Sukh Vihar Apartment, West Boring Canal Road, New Punaichak, Stirred a AK Rajan panel report
exposing its prejudicial impact
Cover Design: AMITAVA SEN
Opposite Lalita Hotel, Patna-800023.
ALLAHABAD: Leader Press, 9-A, Edmonston Road, Hornet’s on underprivileged students,
is a constitutional crisis
Courts.......................................6
Follow us on
Facebook.com/indialegalmedia
Nest?
Civil Lines, Allahabad-211 001. International Briefs...................38 Twitter: @indialegalmedia
brewing? Is it time to amend Website: www.indialegallive.com
the exam format? Contact: editor@indialegallive.com
4 October 4, 2021 | INDIA LEGAL | October 4, 2021 5
Courts
SC collegium T he Supreme Court collegium recom-
mended the transfer of chief justices of
Allahabad High Court.
Justice Ranjit Vasantrao More of Megha- NDMA recommends
Porn film case: SC
recommends five High Courts to other states. The col- laya High Court was recommended for Rs 50K for families
legium headed by Chief Justice of India NV elevation as chief justice of Meghalaya
of each person dead stays arrest of actor
transfer of five Ramana made the recommendations on High Court.
Gehana Vasisth
chief justices and September 16. Justice Satish Chandra Sharma of due to Covid-19
T
The name of Tripura High Court Chief Karnataka High Court was recommended he Supreme Court stayed the
elevation of Justice Akil Abdulhamid Kureshi was rec-
ommended for transfer to Rajasthan High
for elevation as chief justice of Telangana
High Court. T he National Disaster Management
Authority recommended that Rs
Bombay High Court order against
eight judges Court. Rajasthan High Court Chief Justice Justice Prakash Shrivastava of Madhya 50,000 be paid to the families of persons
Bollywood actor Gehana Vasisth
(below) in a porn film case and said
Indrajit Mahanty was recommended for Pradesh High Court was recommended who died due to Covid-19 as an ex-gratia
that she would not be arrested in the
transfer to the chief justice of the Tripura for elevation as chief justice of Calcutta payment. This will include those involved
third FIR registered in the case. The
High Court. Madhya Pradesh High Court High Court. in relief operations or associated in pre-
bench of Justices Sanjay Kishan Kaul
Chief Justice Mohammad Rafiq was rec- Justice Ravi Vijaykumar Malimath of paredness activities, subject to cause of
and BR Gavai asked Gehana to join the
ommended for transfer to the High Court Himachal Pradesh High Court was recom- death being certified as Covid-19. This recommended for the minimum stan-
probe, if the investigating agency
of Himachal Pradesh as chief justice. Also, mended for elevation as chief justice of information was provided to the Supreme dards of relief to be provided to persons
needed it.
Meghalaya High Court Chief Justice Madhya Pradesh High Court. Court by the central government in an affected by Covid-19.”
Advocate Ajit Wagh, appearing for
Biswanath Somadder was recommended Justice Ritu Raj Awasthi of Allahabad affidavit. 2. “The Appropriate Authority is directed
the actor, argued that the prosecution
for transfer to the Sikkim High Court as its High Court was recommended for This affidavit was in response to an to issue simplified guidelines for issuance
had said they need custody because a
chief justice and Andhra Pradesh High elevation as chief justice of Karnataka order of the top court—passed on June of death certificates/official documents
Court Chief Justice Arup Kumar Goswami High Court. 30, 2021—which said the following: stating the exact cause of death, i.e.,
was recommended for transfer to the High Justice Aravind Kumar of Karnataka 1. “We direct the National Disaster Ma- ‘Death due to Covid-19’, to the family
Court of Chhattisgarh as its chief justice. High Court was recommended for eleva- nagement Authority to recommend guide- members of the deceased who died due
The collegium also recommended the tion as chief justice of Gujarat High lines for ex-gratia assistance on account to Covid-19.
elevation of eight judges as chief justices Court. of loss of life to the family members of 3. “The Union of India to take appropriate
of the High Courts. They are: Justice Prashant Kumar Mishra of the persons who died due to Covid-19... steps on the recommendations made by
Justice Rajesh Bindal, the acting chief Chhattisgarh High Court was recommend- over and above the guidelines already the Finance Commission...”
justice of Calcutta High Court, was recom- ed for elevation as chief justice of Andhra
mended for elevation as chief justice of Pradesh High Court.
Allahabad HC denies Officer KK Sharma in a case which
SC collegium reiterates MP HC says there cannot be any restriction on bail to two UP police involves Sections 147, 148, 149, 302,
307, 504, 506, 353, 332, 333, 396, 412,
transfer of HC judges inter-state movement of labourers officers in a case 120B, 34 IPC, Section 7 of Criminal Law
involving Vikas Amendment Act and Section 3/4 of the
T he Supreme Court collegium, in its late
September meeting, reiterated its recom-
made this observation while disposing of
a petition. Petitioner Shyam Bihari Tiwari
Dubey Explosive Substances Act. The officers
are from Chaubeypur, district Kanpur
J
mendation of September 16, regarding had filed a plea, saying that FIRs should ustice Pradeep Kumar Srivastava of the Nagar, police station. por nography racket had to be unear -
transfer of some judges of High Courts. The be lodged against factory owners, be- Allahabad High Court recently denied The two are facing conspiracy char- thed. Three FIRs had been filed against
judges are: cause they had invited labourers from bail applications from two UP police offi- ges in connection with an ambush in Gehana for making pornographic con-
Justice Rajan Gupta from Punjab and outside the state without taking any prop- cers, SO Vinay Kumar Tiwari and Beat Bikru village (below) on July 3, 2020, in tent and uploading them on certain
Haryana High Court to Patna High Court. er care for their rehabilitation, shelter and which, the two offi- OTT platforms. She had secured bail in
Justice PB Bajanthri from Karnataka High stay arrangements. cers were found to be the two FIRs that were lodged against
Court to Patna High Court. The Court said that if labourers had acting against law her. The third FIR was filed by the
Justice Sanjeev Prakash Sharma from been engaged by the factory owners, no enforcement officers Mumbai Police Crime Branch earlier
Rajasthan High Court to Patna High Court. FIR possibly could be lodged just because who were there to in July. Gehana had applied for antici-
Justice T Amarnath Goud from Telangana the petitioner apprehended that their apprehend gangster pator y bail in the FIR filed under Sec-
High Court to Tripura High Court. arrival could spread any kind of disease Vikas Dubey (who tions 354C, 292 and 293 of the IPC;
Justice Subhash Chand from Allahabad High
Court to Jharkhand High Court. T he Madhya Pradesh High Court’s divi-
sion bench of Chief Justice Moha-
mmad Rafiq and Justice Vijay Kumar
or might escalate the spread of Covid-19
in the area. “If any difficulty is faced by
was killed in an
encounter later), as
Sections 66E, 67, 67A of the Infor ma-
tion Technology Act; and provisions of
The collegium, in a later meeting, also recom- the labourers with regard to dwelling, food well as Sunil Kumar, the Indecent Representation of Women
mended the transfer of Justice Sureshwar Shukla observed that there could not be or other medical care, it would be for the Bal Govind, Shivam (Prohibition) Act. This was rejected by
Thakur from Himachal Pradesh High Court to any restriction on the movement of people Collector, District Katni to look into their Dubey and Amar the Bombay High Court.
Punjab and Haryana High Court. from one state to another. The Court grievance,” the Court said. Dubey.
6 October 4, 2021 | INDIA LEGAL | October 4, 2021 7
Lead/ India Legal Show
JURISDICTIONAL
CRISIS
T
wo legal authorities are at
loggerheads over a point
of law, and it is impinging
on the basic rights of the
citizenry. The information
commission and the High
Courts of the country are having a
jurisdictional problem. The cause of
the information commission has been
raised by a group of fifteen sitting and
retired information commissioners.
On September 9, 2021, a group of Sridhar Acharyulu, former central information commissioner, said that if misuse
fifteen sitting and retired information of RTI is happening then the government should take action, but that shouldn’t
commissioners addressed a letter to the be a reason to limit the right and action should be taken against the wrongdoer.
Chief Justice of India, NV Ramana.
The letter highlighted the problem of
High Courts staying the orders of the out giving reasons.’’ the High Court shall dispose of the
information commissioners. The Sup- The letter had also invoked certain application within a period of two
reme Court was urged to take action on landmark case precedents and Article weeks from the date on which the peti-
the matter and resolve the impasse. 226(3) of the Constitution to direct tion for vacation of the stay is made. If
In the letter, the information com- High Courts to dispose of the applica- this is not done, the stay stands vacated.
missioners had requested that direc- tions made for stay in the absence of This is not being implemented across
tions be given to courts across the information commissioners. “Article the nation.”
country to not entertain pleas against 226 (3) of the Constitution clearly lays Justice Ishwar Sahay Srivastava, for-
the orders passed by the Central Infor- down that where a stay has been mer judge at the Indore bench of the
mation Commission (CIC) or State In- obtained without the participation of Madhya Pradesh High Court, says:
formation Commissions (SICs). Shai- the respondents, the High Court shall “Section 23 of the Right to Information
lesh Gandhi, an veteran RTI activist dispose of the application within a peri- (RTI) Act, 2005, gives almost absolute
and a former Chief Information Co- od of two weeks from the date on which powers to the information commission-
The information commission and the judiciary are face to face over a mmissioner (CIC) has spearheaded the
move. He argues: “In some cases, stay
the petition for vacation of the stay is
made. If this is not done, the stay
er. It holds that ‘No court shall enter-
tain any suit, application or other pro-
jurisdictional issue which threatens to upset the delicate constitutional balance. are being granted by the High Courts.
The Constitution says that appeal may
stands vacated. This is not being imple-
mented across the nation”, wrote the
ceedings in respect of any order made
under this Act and no such order shall
The High Courts have been staying information commission orders, which are be made at High Court only for the information commissioners. be called in question otherwise than by
constitutionally sanctified as final and without scope for appeal. Fifteen sitting protection of fundamental rights. But
people are using writ to file appeal at
Dr GV Rao, senior advocate at the
Supreme Court, makes his point: “High
way of an appeal under this Act’. Clearly
under the Right to Information Act, the
and retired information commissioners have appealed to the Chief Justice of the High Court against the orders of Court is within right to hear such cases, right to final appeal is with the CIC.
India, NV Ramana, to intervene and resolve the problem. the information commissioners and
chief information commission officials.
even from lower courts. However, due
reason should be noted in the judge-
How can the High Court interfere?”
Wajahat Habibullah, India’s first
APN channel did an in-depth discussion on the crisis on its special show India This should stop. The Court should
e xplain how it falls under the writ ju-
ment so that the party doesn’t gets
confused.”
CIC and a former officer from the In-
dian Administrative Services, who
Legal. The show was moderated by its Editor-in-Chief Rajshri Rai. risdiction. Many orders are given which Gandhi adds: “Article 226(3) of the helped set up the institution, says:
By Sanjay Raman Sinha are against the judgments of the Sup-
reme Court. The other problem is that
constitution clearly lays down that
where a stay has been obtained without
“This is a procedural matter. It is good
that the former CICs have written to
the High Court gives judgement with- the participation of the respondents, the CJI. There should be an under-
8 October 4, 2021 | INDIA LEGAL | October 4, 2021 9
Lead/ India Legal Show
standing between the CIC and the 2009, Wajahat, the then chief informa-
judges; both are judges. They are tion commissioner, issued notices to
actively involved in establishing the law. two officers of the Department of
What I feel is that it is a question of Personnel & Training (DoPT), saying
attitude, and it can be resolved by they would be prosecuted for not fol-
understanding between the CIC and lowing the CIC orders. Under pressure
the CJI. This understanding can then from the CIC, the Union government
percolate down and courts and the then decided to make available file not-
commission can imbibe and cooperate ings of government decisions—except
amicably.” those taken by the 18 exempted organi-
Sridhar Acharyulu, former CIC and sations—under the RTI Act.
a signatory of the letter adds: “Initially, Wajahat reminiscences: “Official file
the Supreme Court thought that the notings as per my reading of Section 2
information commission is a court like of the RTI Act, are information. Inter-
institution and only law officers should estingly, when I started ruling that file
be appointed. In the first case, judg- notings are information and should be
ment was reversed in the review. In given, there was an adverse reaction.
revising the judgment, the reasoning The government started questioning
was correct but the conclusion was who had given me the right to rule this
wrong. In the second judgment, the Wajahat Habibullah, India’s first chief information commissioner, said it is good Shailesh Gandhi, former chief information commissioner, said a parliamentary com- way? I said, am I not the chief informa-
reasoning was not correct but conclu- that the former chief information commissioners have written to the CJI and there mittee with members of the present government wanted proper status for informa- tion commissioner? Do I need your per-
sion was right. That is the dilemma.’’ should be an understanding between chief information commissioners and judges. tion commissioners. But the government changed its tune after coming to power. mission to rule that file notings are in
Acharyulu goes on to elaborate: fact information?”
“They have not given proper recogni- Right to information has become a
tion to the information commission. It right to information in which the Sup- information commission is also consid- citizens the confidence and means to had appealed to the government to not campaign today. RTI activists are seek-
is assumed to be neither an administra- reme Court has given commentary on ered final if and when the appeal is dis- question the government authorities. go ahead with the amendment. We had ing information to expose the corrup-
tive body nor a quasi judicial body. This each and every section. The CIC order posed off. However, though the infor- Nearly 60 lakh applications are being told the government that the move will tion of government departments and
is the root of the confusion. The 2019 should be considered final. A penalty mation commission judgement is bind- filed every year. compromise the status and powers of officials. However, cases like extortion,
judgement talks about the scope of the order of CIC can be challenged in a writ ing, the petitioner is given writ juris- Gandhi gives context to the issue: the information commission. Unfortu- attempted kidnapping, harassment
petition in a review, but there is no diction. The aggrieved has the proce- “The first Bill on RTI was presented in nately, now the commission has come under SC-ST Act and threats are regis-
third appeal. Third appeal means that dural right to approach the High Parliament in 2004. In the Bill, the sta- under government control. I am afraid tered against the worker, and they are
penalty can be challenged. What is hap- Court,” he says. tus of the information commissioners to say that the information commission silenced. The flip side is that some
pening is that the general review pow- were kept less. Later on, a parliamen- is not putting up a spirited fight against unscrupulous elements are using the
I
ers of the courts are being invoked to n July 2019, the government intro- tary committee was formed in which the government, nor is asking uncom- RTI for extortion. This has given a bad
challenge the information commission duced in Lok Sabha the Right to eight persons of the current govern- fortable and right questions.” name to the movement.
orders, both by the government and the Information (Amendment) Bill, ment were members. Ram Nath Ko- Rao adds: “The government wants Gandhi, an RTI activist himself, is
public. Third appeal is not permissible. 2019, which proposed to give the cen- vind was also one of them. The com- to control everything. Though the right quiet vehement on the issue. He says:
That is the whole problem. Before gran- tre the powers to set the salaries and mittee members had said that informa- to information has been made a basic “On the basis of the information they
ting stay, the High Court should under- service conditions of information com- tion commissioners should be given right, the government wants to hold the are privy to, even some mediamen
stand that the the information Commi- missioners at the central as well as proper status. But now when the gov- reins of the information commission. resort to blackmailing. It is wrong to
ssion is an autonomous body which can state levels. Later, it was passed and ernment has come to power, they As for the High Court, though it has hold that blackmailing is being done via
give independent decisions unless there incorporated in the law, but not with- have changed their tune. This is a mat- writ powers, the present decision is not RTI. This is instigating people to attack
is an illegality which demands interven- out vehement protests by the Oppo- ter of regret. This writ is wrong. It fair. The courts should relook the mat- the RTI activists. I strongly believe that
tion. The thin line between the third sition and activists. The Bill leading to is an assault on the basic rights of ter and resolve it.” it is wrong to misuse the RTI.”
Justice IS Srivastava, former judge appeal and the writ petition is missing. the original Act had been discussed by the people.” Sridhar backs Gandhi and says:
O
of the MP High Court, said that This line is not adhered to.” the Parliamentary Committee on Per- Wajahat says that he had strong fficial file noting is an essential “If misuse of RTI is happening then
Section 23 of the RTI Act, 2005, Justice Srivastava speaks from his sonnel, Public Grievances, Law and views on the amendment. He says: part of information seeking in the government should take action.
gives almost absolute powers to personal experience. “There is a system Justice, which included then BJP mem- “This amendment needs to be debated. RTI. However, during the ini- But that shouldn’t be a reason to limit
in the justice process. The court of bers Ram Nath Kovind (now the presi- Debate and discussion is an age-old tial days, there was a lot of noise and the right. Instead action should be
the information commissioner. The information commission is also a court dent), Balavant Apte and Ram Jeth- tradition of India. The amendment can controversy about sharing official file taken against the wrongdoer or the
court of the information commis- of law. The judgement is held final only malani. The RTI Act is regarded as one be questioned; debate is necessary. The notings under RTI. Wajahat took a blackmailer.”
sion is also a court of law. after a pronouncement is given in the of the most progressive laws of inde- amendment has made the law weak. I principled stand on the issue and the Then there is a problem of frivolous
review. Similarly, the decision of the pendent India. It has given ordinary and all the information commissioners government had to toe the line. In June queries. Various questions are being
10 October 4, 2021 | INDIA LEGAL | October 4, 2021 11
Lead/ India Legal Show
IN THE
INTEREST OF
CITIZENS
The Central
Information
Commission
was formed
under the Right
to Information
Act 2005. The
decisions of the
Commission
are final and
binding
asked from the prime minister’s office submitted that after staying the statuto- In a final note, Wajahat places on
(PMO) under the RTI Act. After Modi ry order of the information commission, record his views. “The Information
became the prime minister, the number most cases languish and citizen’s funda- Commission has taken its roots firmly
of strange questions has increased. For mental right under Article 19 (1)(a) is in the firmament of Indian law and
example, what is the internet speed in violated. It appears that parliament was society. The relation of the government,
Modi's office? Why is PMO called conscious of this and hence proscribed courts and the citizen is largely based
Depar tment of G overnment? Which further appeals after the Commission.’’ on the basis of the confidence of impar-
mobile has been given to Modi by PMO Gandhi adds: “The order by the tiality and transparency this right
and what is his number? What is the High Court was given without rhyme or promises. I must dare say that the com-
purpose of RTI containing such reason. Why the decision of the infor- mission is not criticising the govern-
information? mation commissioners are coming ment as freely and as often through its
Sridhar concurs with the charge under writ? The court should explain decisions, as it should. This should be
and says: “I agree that to ask irrelevant the matter. Article 226 is not being pro- brought to the notice of the prime min-
questions using the RTI is also an abuse perly followed. The courts have rights, ister. I remember that once Prime
of the right. But the percentage of peo- but the judgment has to have a ration- Minister Narendra Modi had said that
ple indulging in frivolous information ale and most importantly the courts “the answers to queries are a lesson for
seeking is less as compared to the seri- should stay within the prescribed con- us. We should learn from them. It is
ous applicant.” stitutional limits.” the grievance of the people in their
The discussion finally veered back to own voice. I request the prime minister
J
the basic issue of jurisdictional intersec- ustice Sahay comments on the that the hope he has given should
tion and clash. Rao holds: “The High judgment. “On the lack of ration- materialise.”
Court has a constitutional problem in ale in the judgment, I would like Clearly the clash of jurisdiction has
hand. The matter raised by the fifteen to say that when the petition is filed the not only brought to the fore issues sen-
former CICs is relevant and important. reason is specified in the plea. If one of sitive to the right to information but
Interference in commission’s decision the parties indulge in dilatory or delay- has also made apparent the procedural
should be stopped.’’ ing tactic then the court may give a and legal complications embedded in
The letter to the prime minister judgement on the basis of arguments. the relationship of judiciary and the
holds. “We would like to point out that This judgment can be basic. However, information commission. The sooner it
a significant number of stays do not fall any judgment can be challenged. Right is sorted out, the better it will be for
in the writ jurisdiction of High Courts to be heard is an inalienable right,’’ the constitutional health and basic
and are appeals labelled as writs. It is he says. rights of the citizens.
12 October 4, 2021
Event/ Indian Society of International Law
We Need to Move
tical form. The student of international titutions such as this to identify young- for these institutions? To create excel-
law in India has little access to the ins- sters who have been practising or have lent and great academic oriented stud-
titution of adjudication which is being interest in developing knowledge as ies of international level (in India). You
set-up for international resolution of well as practice in the area of interna- take up topics and issues which con-
Ahead in Law, says SC Judge
dispute, said the judge. tional law. These youngsters must actu- cern national and international institu-
The judge also said: “...the practi- ally be associated with disputes which tions, develop research, invite papers,
cality is lacking, and if somebody is relate to international forums. This is create original thoughts and write
very keen on doing LLM, or even a extremely necessary for us, because about aspects which are a real concern
Indian law students, legal practitioners and professors need to be able to access international PhD, he/she remains as academic. But,
then, to what extent will that academic
many disputes arising all over the
world adjudicated and decided in dif-
of international bodies. That kind of
research is necessary. We must be very
institutions and find their feet in a world which has changed, said Supreme Court judge PS knowledge be utilised in actual resolu-
tion of problems? Why aren’t interna-
ferent institutions have lawyers mostly
from Europe and America, assisting
frank and know that we are deficient
in that.”
Narasimha, who was the chief guest at a function organised by the premier national institution tional institutions so easily accessible and aiding countries by appearing on He continued: “There is a lack of
S
to Indian lawyers and professors?” their behalf. It is equally possible for all interaction between some of the best
UPREME Court judge of us to do.” professors that we have in our country
H
Justice PS Narasimha, e related his experience as an He then suggested, “We need to and the actual legal practice. We need
who was recently elevated advocate when he represented develop that ability, we need to expose to do these conversions and bring them
from the Bar to Bench India in the Italian Marines our youngsters to these institutions, together. Academicians and lawyers
and is one of the nine case before the Hamburg-based acquire the talent, expertise and create must coordinate with each other. Law-
lawyers to ever achieve International Tribunal for the Law of an area where lawyers who would rep- yers must go to institutions to teach,
that, was present at the recent inaugu- the Sea (ITLOS). ITLOS is an arbitral resent international institutions are professors must also be enabled to
ration of the Indian Society of Interna- tribunal under the International Court available and one can confidently resort participate in national and internation-
tional Law’s (ISIL) Post Graduation of Justice. to them in our country. In this ideal al institutions for adjudication,” he
Diploma Courses for 2021-22 and also “When I was part of that team in and thought this institution (ISIL) suggested.
the convocation ceremony for its 2019- Hamburg, I was suggesting we should has a great role to play.” He explained how the world
20 and 2020-21 batches. While speak- enable through coordination with ins- He asked: “What is the alternative changed, how the world has shrunk as
ing at the convocation, the judge asked technology progressed and things today
why international institutions are not are different from the days of the World
so easily accessible to Indian lawyers Wars. He said: “We have proceeded
and professors. from a situation where global politics
As an alternative, he suggested that initially had the nation’s state... (Now)
“excellent and great academic oriented We have a global economy. In the con-
studies of international level” be creat- text of globalisation, international law
ed in India. Showing his foresight, the had a great impact on it. Incidentally in
judge suggested “topics and issues the modern times, we have seen the
which concern national and interna- resurgence of nationalism also. It is
tional institutions”. He also talked ab- civilisation which are identifying them-
out the process of developing “research, selves and individuals are identifying
invite papers, create original thoughts themselves with civilisation, so there
MAN OF THE MOMENT
and write about aspects which are a Supreme Court judge PS Narasimha (third from left) being felicitated at a function organised by
are two competing values so to say, on
real concern of international bodies.” the Indian Society of International Law (ISIL). The event was organised under the guidance of the one hand the compelling happening
The judge pulled no punches when president of ISIL Pravin H Parekh (fourth from left) related to globalisation and on the
he said: “We must be very frank and other hand the need and demand of
know that we are deficient in that.” importance of the deliberations. in his 32 years as a lawyer. Justice individuals for nationalism.”
Such were the critical and in-depth The event was organised under the Narasimha also talked about his experi- These were important aspects and a
discussions that happened at the cere- guidance of President of ISIL and Pad- ence and what he witnessed as a lawyer. vision of a future of legal studies, as
mony and these are the discussions that ma Shri Pravin H Parekh (Senior Ad- The judge has appeared before interna- well as practice in India. It is time that
need to be revisited, time and again for vocate) with the chief guest being Jus- tional courts, representing the Republic the system adapts to incorporate the
a better understanding of the current tice Narasimha. of India. bigger picture and realises, as the judge
situation in the country, as well as to Others present at the function were He said that the distinction, insofar so aptly put it, that we are deficient in
find ways and means to develop studies Prof (Dr) YSR Murthy and Prof DN as international law study in the coun-
Justice PS Narasimha related his experience as an advocate when he represented India all that.
and courses in India that conform to Jauhar. There was recounting of the try is concerned is that the operation of in the Italian Marines case before the Hamburg-based International Tribunal for the Law
international standards. Such were the accomplishments of Justice Narasimha international law is not seen in its prac- of the Sea (ITLOS). ITLOS is an arbitral tribunal under the International Court of Justice. —By India Legal team
14 October 4, 2021 | INDIA LEGAL | October 4, 2021 15
Opinion/ NEET Mohan V Katarki
Has TN Stirred
uate medical courses may seem like any NEET are tested on 180 questions, negative marking. ment was subsequently recalled in MCI
other examination, but in reality, it is a with a negative marking provision, NEET was initially framed in 2010 vs Christian MC case and referred to a
tough task for students from the un- which is nerve-wracking for students. by the Medical Council of India under constitution bench. Meanwhile, in
derpriviledged class. the Indian Medical Council Act of Modern Dental College case, the chal-
a Hornet’s Nest? C
Students taking NEET are not test- oming to the specifics, there are 1956 to prevent multiple tests by the lenge to Madhya Pradesh’s Common
ed on their aptitude for the medical broadly three challenges to government and private medical col- Entrance Test on the grounds of the
profession, commitment to the health NEET, all inter-linked. The leges. There was the TMA Pai case and right of autonomy of managements to
services or knowledge of anatomy. managements of unaided and minority the Islamic Academy case which over- select students by their own test or
Instead, NEET is a test to determine schools complain of loss of autonomy ruled the single window scheme method, was rejected.
With the state passing a bill against NEET and the Justice the ability of a student in physics,
chemistry, botany and zoology, which
and freedom to select students; rural
students complain of unsuitability
framed in the Unnikrishnan case for
admissions in both private and govern-
The constitution bench of the
AK Rajan panel report exposing its prejudicial impact on they would have already studied in the
school curriculum. It is more on the
since the NEET syllabus is patterned
more on the CBSE, ICSE, IB or IGSE
ment professional colleges.
NEET was struck down by the Sup-
SINGLE WINDOW SELECTION
underprivileged students, is a constitutional crisis brewing? Is lines of subject tests in Scholastic Ap- syllabus and the questions are tricky. reme Court in the Christian Medical
Students coming out from an exam centre
after appearing in NEET. It was initially framed
it time to amend the exam format? titude Test in the US. Students in This is compounded by the penalty of College case in 2014. However, the judg- in 2010 to prevent multiple tests
I
UNI
NDIAN federalism has faced state relationships.
many difficult challenges in bal- The report of the Justice AK Rajan
ancing with the conflicting inter- Committee statistically exposes NEET’s
ests of the centre and states. The prejudicial and injurious impact on a
promotion of Hindi as the official section of underprivileged students,
language, distribution of financial particularly those in rural areas and
resources and myriad other issues have studying in schools affiliated to
often rattled the federal spirit of the state boards.
Constitution. The recent rebellion by The mainspring of the ongoing con-
Tamil Nadu in proposing to opt out of stitutional crisis lies in the importance
the National Eligibility cum Entrance of health sector and the shortage of
Test (NEET), administered by the seats in the medical course. Needless to
National Testing Agency, for under- say, for every seat, there are hundreds
graduate medical courses, has posed of aspirants. The scheme of assessment
a fresh challenge in the fluid centre- under the NEET format for undergrad-
UNI
NEET is only a test to determine the ability of a student in physics, chemistry, botany
and zoology, which they would have already studied in the school curriculum. It is more
on the lines of subject tests in Scholastic Aptitude Test in the US.
16 October 4, 2021 | INDIA LEGAL | October 4, 2021 17
Opinion/ NEET/ Mohan V Katarki
Supreme Court also demarcated the
role of the centre by reference to Entry
66 of List I and the role of the centre
and states under Entry 25 of List III.
However, it left open the question of
repugnancy under Article 254 (2). This
delineation of the roles in the Modern
Dental case is explained by the division
bench subsequently in Sankalp
Charitable Trust case.
F
ederal relations between states
and the centre have been rebal-
anced after the 42nd Constitu-
tion Amendment Act of 1976 during
Emergency. Education, which was a
state subject as Entry 11 of List II, was
deleted and added to the Concurrent
List or List III as Entry 25. Whether
such a constitutional amendment has
destroyed the basic structure is a
matter of argument. It’s necessary to
recall that education was the part of
the Provincial List as Entry 18 under
the Seventh Schedule of the GOI Act
of 1935.
UNI
Buoyed by the decision of the con- DEMANDING EXEMPTION
stitution bench in the Modern Dental There have been numerous protests against NEET by students, civil-society groups and
political parties in several parts of Tamil Nadu
UNI
case holding that the government’s of fundamental rights claimed under admission to the undergraduate med- Schedule. Entry 66 talks of: “Co-ordi-
mechanism to conduct the common Part III of the Constitution. The con- ical education shall also be applicable nation and determination of standards
entrance test for government and stitutional adjudication on the touch- to all medical institutions governed in institutions for higher education or
private colleges does not suffer from stone of legality is formally concluded under any other law for the time being research and scientific and technical
constitutional infirmities either for the present. in force.” institutions.” While dealing with
under Part III of the Constitution or NEET was revived in 2017 and The constitutional competence of Madhya Pradesh’s Common Entrance
on the ground of legislative compe- sourced its legitimacy from the provi- Parliament as a federal legislature to Test, the constitution bench in Modern
tence, a separate set of proceedings sions of the Act of 1956. However, legislate for the nation or part of the Dental case specifically pointed out:
started in the Supreme Court. In a when Parliament “However, that would not
writ petition seeking mandamus to repealed the Act of 1956 The president may grant assent to Tamil Nadu legislation or reject it. If include conducting of
hold NEET for “admission to MBBS and in its place enacted he rejects, the centre may amend the NEET format or grant weightage examination, etc. and
course throughout the country”, the the National Medical marks of about 10% to those who have studied under state boards. admission of students to
division bench, in supersession of all Commission Act of such institutions or pre-
previous orders, directed the holding 2019, NEET found a specific provision nation mandating NEET falls under scribing the fee in these institutions of
of NEET. in Section 14 (1): “There shall be a uni- Entry 25 of List III of the Seventh higher education, etc.”
It seems the petitioner proposed form National Eligibility-cum-En- Schedule. Entry 25 reads: “Education, On account of the above constitu-
that the Medical Council of India trance Test for admission to the under- including technical education, medical tional position with regard to the dis-
The rebellion by MK Stalin-led Tamil Nadu The Justice AK Rajan panel report expos- agreed and the Supreme Court dis- graduate and postgraduate super-spe- education and universities, subject to tribution of legislative powers post the
government in proposing to opt out of es NEET’s prejudicial and injurious impact posed it. Subsequently, in 2020, the ciality medical education in all medical the provisions of entries 63, 64, 65 and 42nd Amendment in 1976, both Par-
constitution bench in the Christian institutions which are governed by the 66 of List 1; vocational and technical liament and central and state legisla-
NEET, conducted by the National Testing on a section of underprivileged students, Medical College case, 2020, upheld the provisions of this Act. training of labour.” tures have equal powers to conduct
Agency, has posed a fresh challenge in the particularly those in rural areas and study- constitutional validity of NEET, “Provided that the uniform Nation- The subject of NEET doesn’t relate the eligibility test. However, NEET
fluid centre-state relationships. ing in schools affiliated to state boards. repelling the challenge on the grounds al Eligibility-cum-Entrance Test for to Entry 66 of List I of the Seventh under Section 14 of the Act of 2019
18 October 4, 2021 | INDIA LEGAL | October 4, 2021 19Opinion/ NEET/ Mohan V Katarki
made by Parliament prevails unless the 48.22% in 2017-18 while the percent- 254(2), it will become a sensitive politi-
president grants assent to the state’s age of CBSE students has increased cal question. The centre will have to
legislation to opt out of NEET under from 0.39% to 24.91% in just one year decide either by assenting to the opt-
Article 254 (2). after the introduction of NEET. The out proposal or modifying NEET.
A single window examination at the number of government school students Similar proposals from other states
national level has merit as it eliminates getting MBBS admissions also dec- to opt out may also reach the president
multiple exams which students were reased from 34 students to just three soon. However, there are no guidelines
forced to take as expressed in Christian students after NEET and no student on the exercise of high executive power
Medical College case 2020. However, a from government schools got admitted under Article 254(2). The president,
strong case of inequity in NEET has to government medical colleges in advised by the council of ministers,
been made out in the report of the Jus- 2017-18. cannot be oblivious to the inequity
tice Rajan Committee. If the Supreme “The number of first-generation pointed out in the Justice Rajan com-
Court had the benefit of the material in graduates getting the seats also came mittee report. If “federalism as a form
the Report, it probably would have down from 24.9% to 13.6% after the of decentralisation serves as the frame-
interwoven equity in NEET. introduction of NEET in Tamil Nadu. work of democratic decision-making”,
Students whose parent’s annual income then priority to the state legislation
S
ome of the pointers on inequity is less than Rs 2.5 lakh per annum also is essential.
in the report were quoted by The come down from 47.42% before NEET In matters of common interest in
Times of India as:“…the report to 30.6% after NEET. concurrent matters in List III, the
said the percentage of rural students “Before NEET, 87.5% current-year experiences in the state are expected to
came down from 65.17% in 2016-17 in students entered medical colleges, but be considered as experiment in the lab-
the pre-NEET year, to 49.91% in 2020- it got reduced to 28.5% in 2020-21 as oratory, as Justice Louis Brandeis of
21. The number of Tamil medium stu- 71.4% repeaters grabbed the medical the US Supreme Court reminded in his
dents allotted the MBBS seats also seats. The report also said the students dissent. The president should also
came down from 14.88% in 2016-17 to were shelling out Rs 1 lakh to Rs 4.5 regard the fact that the subject of med-
a mere 1.99% in 2020-21. lakh per annum for coaching classes.” ical education in Entry 25 in List III
“Likewise, the percentage of state If Tamil Nadu legislature’s mandate is seized from the states since it was
board students getting MBBS seats also to opt out of NEET is reserved for the part of Entry 11 of List I during the
plummeted from 65.66% in 2016-17 to assent of the president under Article Emergency in 1976 by the 42nd consti-
tutional amendment. The centre is
expected to invoke the spirit of co-
operation than paramountcy exercised
by the imperial power in pre-Indepen-
dence days.
This being the case, the president in
his discretion, may either grant assent
to Tamil Nadu legislation or reject the
assent. We can’t really predicate what
he may do. If he rejects, in that case,
the centre may consider amending the
NEET format and simplify or grant
weightage marks of about 10% to
those who have studied under state
boards. This is a known instrument of
equaliser between the forwards and
backwards, between the rural and
urbanised or between the haves and
have nots. The one size fits all formula
is no solution for a pluralistic society
with diversity.
Unaided and minority schools opposed to NEET complain of loss of autonomy to select
students while rural students complain of unsuitability since the NEET syllabus is pat- —The writer is a Senior Advocate,
terned more on the CBSE (above), ICSE, IB or IGSE syllabus and the questions are tricky. Supreme Court of India
20 October 4, 2021My Space/ Mandatory Registration of Marriages Dr Harsh Surana
Has the Rajasthan
Government
Legitimised Child
Marriage?
The Rajasthan assembly recently passed an amendment Bill to
The Rajasthan Compulsory Registration of Marriages Act,
2009. It is alleged that the Bill has legitimised child marriage.
Here is a reality check on what exactly has happened and what
is the law on the subject
I
N the last few days, allegations, than, collected in 2015-16, 16.2 percent
counter-allegations and explana- of the girls aged between 15 and 19
tions have swirled around the issue years were married off before the age of
of whether the Rajasthan assembly 18 in the state, with variations across
has recently passed an amendment districts, against the national average of
Bill to The Rajasthan Compulsory 11.9 percent.
Registration of Marriages Act, 2009, This is happening in Rajasthan, has only reduced the age of the brides priate action on getting the memoran- GENERATING A CONTROVERSY
which has legitimised child marriage. It where child marriage is considered a from 21 years to 18 years and it is now dum for registration. According to the The amended Bill over the nuptial ties of
is alleged by many that the new Bill will regressive custom and where in 1927, their responsibility to report the mar- state government, four child marriages minors has led to a stormy debate between
the Congress and the opposition in the state
legitimise child marriage. The Bill the Sharda Act (Child Marriage Res- riage which was earlier the duty of their were registered under the Compulsory
passed recently has sought to primarily traint Act) came into existence and was parents. The only difference being Registration of Marriages Act in 2016,
amend Sections 5 and 8 of the Act deal- later replaced by the Prohibition of under the proposed amendment is that 10 in 2017 and 17 in 2018. ble with the District Marriage Registra-
ing with the appointment of Marriage Child Marriage Act, 2006. if a girl is 18 or above the age of 18, it tion Officer, Additional District Mar-
T
Registration Officer, the age and the It is being explained by the state gov- would be her duty to submit the memo- he amendment has not touched riage Registration Officer and the Block
duty of the parties to a marriage to sub- ernment that while the Act of 2009 randum of her marriage, while as of upon legislations like Child Marriage Registration Officer. These
mit the memorandum for registration. It states that the parents or guardians of now, it was the duty of her parents to Marriage Restraint Act, Juvenile officers will be able to monitor and
is further contended that the amend- the bridegroom and bride are responsi- do so. Justice Act and Protection of Children review the work of registration. This will
ment Bill violates the law against child ble for submitting the memorandum for The ruling dispensation also con- from Sexual Offences Act. Despite its make it easier for the general public to
marriage and would pave the way for registration, if both the boy and the girl tends that the new Bill has been registration, child marriage continues register. The District Collector can still
wedding of minor children, seen as a have not completed the age of 21 years, brought to protect the legal rights of to be an offence. The amendment take action against child marriages. The
social evil. the latest amendment only reduces the children, stop multiple marriages and would streamline the process for getting Bill does not say that child marriage is
Rajasthan had emerged as the state age of the bride to 18 years for casting take care of matters related to mainte- marriage certificates required at several valid. It says that only registration is
with the highest incidence of child mar- the duty on parents to report about the nance and inheritance. Registration of places and create documentary evi- necessary after marriage. It does not
riage, both among boys (8.6 percent), marriage to the Registration Officer The Ashok Gehlot government in child marriage is not meant to legit- dence to facilitate action against minor imply that child marriage is valid. It is
and girls (8.3 percent) in the 2011 cen- within 30 days of the union. It is also Rajasthan contends that the amended imise them. Every minor has the right children’s nuptial ties and should inten- contended that the amended provisions
sus. According to the National Commi- being clarified that the provision for to get his or her marriage annulled up- sify action against those solemnising will only streamline the registration
ssion for Protection of Child Rights’ re- mandatory registration of all marriages,
Bill protects the legal rights of children, on becoming a major. The Registrar of child marriages. process, without changing the status of
port based on the data from the Na- including child marriage, existed in the stops multiple marriages and takes care Marriage can report about child mar- The advantages being shown are nuptial ties of minors.
tional Family Health Survey for Rajas- Act of 2009 and the latest amendment of maintenance and inheritance matters. riage to the District Collector for appro- that the registration will now be possi- The Supreme Court’s judgment of
22 October 4, 2021 | INDIA LEGAL | October 4, 2021 23New Labour Laws: Prof Arun Kumar: Lockdown,
INNDIA L EGAL
Modern serfdom printing notes and demand
My Space/ Mandatory Registration of Marriages/ Dr Harsh Surana
EGAL
June 1, 2020
STORIES THAT COUNT
Interview of the Week: Bimal Julka, India-China Border:
INNDIA L EGAL
Chief Information Commissioner Dangerous escalation
EGAL
June 8, 2020
Child marriage is a social evil and the STORIES THAT COUNT
society and all stakeholders should “The migrants will return”: Jyotika Kalra,
a,
INNDIA L EGAL
Member, National Human Rights Commission on
strive to ensure that the regressive EGAL
June 15, 2020
custom should be abolished from
STORIES THAT COUNT
Prof Upendra Baxi: A progressive Covid-19 Vaccine:
INNDIA L EGAL
court during coronavirus Hunt for the silver bullet
Judiciary
the Indian society once and for all. EGAL
June 22, 2020
The New Normal
m
The pandemic has changed the justice delivery system and even
ev district and mofussil
STORIES THAT COUNT
Covid-19: Migrant Labour:
Child marriage is a social evil like
Migrant Crisis INNDIA L EGAL
b ready for the long haul
courts will have to adopt new practices and technology and be Protocols and dharma The new threat
EGAL
June 29, 2020
Sati. Sati has been abolished and the
society and all stakeholders should STORIES THAT COUNT
Professor Upendra Baxi: Divided Justice (retd) Kamaljit
“THE S
STATE
TURBO-CHARGING
G
Thh judiciary
The jud
ju
ud
udiciary steps in.
in Finally.
Finally Is it too little,
littleee, too
t late?
INDIA L EGAL
opinion on Muslim women Singh Garewal: Rebuild
Legal framework required to prevent the migrant tragedy from ro ever happening again
strive to ensure that the regressive cus- IS MORALLY
R “I BREACHED TH
THE
H maintenance plea the steel frame
THE INDUSTRY
R BARRIERS OF CIVIL
IV
V
July 6, 2020
tom of child marriage should also be BOUNDD TO SERVICE AND SAVED
AVV
Covid-19 will accelerate the judiciary’s transformation
at but it needs to
UPHOLD
L THE CEE
JP’S LIFE TWICE”
abolished and eradicated from the
embrace the change at a faster pace ce STORIES THAT COUNT
In the US, case disposal rates have remained relatively
el high, according to
dia courts
our special report, and offers a model for Indian
FUNDAMENTAL
A
Indian society once and for all. It RIGHTS
TS OF
THE PEOPLE”
E
should not be projected that child mar- Soli Jehangir Sorabjee, the eminent jurist, who rosee to
highest law officer, is also well-known for championing
t become India’s
ng human rights. In an
riage can be registered as this gives a exclusive interview to India Legal, he talks about thee migrants’ plight,
For advertising & subscription queries
ou
judicial activism and the Supreme Court
certain assumption that child marriage
is valid. All marriages need to be regis- editor@indialegalonline.com
Forty five years ago this week, Mrs Gandhi imposed a draconian
draa Emergency.
MG Devasahayam, an IAS officer, recalls how he breachedhee civil service rules
and twice saved the life of Mrs Gandhi’s biggest political
poo threat,
tered compulsorily. But child marriage Jayaprakash Narayan
NO HOLDS BARRED
SUPREME COURT
is illegal in law and is void/voidable. HEARING UNIMPAIRED
The laws prohibiting it must be widely The apex court has so far heard more than 7,000 cases during the three-month
lockdown—far more than other top courts in the world—official figures show.
The e-courts experiment seems to be on track but it is still a work in progress
circulated and the social pitfalls for the
Twitter
bride and the bridegroom in child mar-
2006 in Seema vs Ashwini Kumar
[2006 (2) SCC 578] has made it com-
be amended. Section 8 of the Act pro-
vides that if parties to the marriage have
riage should be taught to the masses.
The menace of child marriage can be
Don’t miss a single issue of this independent, scintillating new weekly magazine
pulsory to register all marriages of not completed the age of marriage, the handled at the application stage of reg- and get special discounts for yourself and your friends
Indian citizens. The 2009 law also had parents or guardians shall be responsi- istration itself, where the authorities
similar provisions, the only difference
being that the age of girls has now been
ble to submit the memorandum within a
prescribed period. It has been decided
should handle it as per existing laws. If
it is not permissible to issue a driving SUBSCRIBE TO INDIA LEGAL GET FABULOUS DISCOUNTS
reduced from 21 to 18 years. In essence, to incorporate the provision of registra- licence before the age of 18 or 16, mar-
both the Act of 2009 and the proposed tion of marriage in case of death of riage before the age of 18 for girls and
amendments to it make the registration parties/party also. Accordingly, Section 21 for boys is not permissible as well as ` ` `
of all marriages mandatory; the only dif- 8 of the Act is proposed to be amended. per the law. If driving licence cannot be
ference being that under the proposed The Bill seeks to achieve the aforesaid made before a certain age, marriage
amendment if a girl is 18 or above the objectives.” cannot be termed valid if not in sync
age of 18, it would be her duty to submit with the prevailing laws.
R
the memorandum of her marriage while egarding the issue of legitimacy The government can make an expla-
earlier it was the duty of her parents to of child marriage and compulso- natory addition to the Bill which has
do so. ry registration of child marriage, been passed. Clarificatory orders can be
Under the amendment: “Section 5 of the ruling dispensation and the opposi- sought from the Supreme Court high-
the Rajasthan Compulsory Registration tion are busy accusing and defending. lighting that the menace of child mar-
of Marriages Act, 2009, provides for They are certainly missing the bigger riage can be handled at the stage of
appointment of District Marriage Regis- point that greater awareness and educa- application of registration of such mar-
tration Officer. The state government tion needs to be imparted so that child riages. The provision of compulsory
has decided to appoint the Additional marriage should not happen at all. If the registration of all marriages can remain
Marriage Registration Officer and Block Supreme Court’s 2006 judgment is only to the extent that if it comes in the
Marriage Registration Officer for moni- interpreted that all marriages need to be knowledge of the establishment, then `
toring and reviewing the work of regis- registered compulsorily then if any reg- from there on, it should be handled as
tration of marriages at the district and istration for a minor’s marriage comes to per the special Acts which prohibits
block levels. Accordingly, Section 5 of the district administration, it must be child marriage. `
the Act is proposed to be amended strictly handled as per the provisions of
suitably. Consequently, clause (f ) of the law and as per the special Acts, —The writer is Advocate, Supreme
Sections 2 and 15 are also proposed to which prohibit child marriage. Court. The views expressed are personal.
24 October 4, 2021You can also read
