The government has prepared a draft of a new law that defines only marriages involving individuals under 16 years of age as child marriages.
The National Penal Code currently in effect sets the marriageable age at 20 years.
The draft of the proposed new law maintains the marriageable age at 20 years but distinguishes between marriages involving individuals below 16 years and those above 16 years differently.
The draft of the National Penal Code made public by the Ministry of Law for suggestions includes a provision that marriages involving individuals under 16 years of age will automatically be void.
Additionally, the new law proposes imposing a prison sentence of up to three years and a fine of up to 30,000 rupees on those who conduct or facilitate such marriages.
In other words, the draft considers only marriages involving individuals under 16 years of age as child marriages. Currently, the National Penal Code stipulates a prison sentence of up to three years and a fine of 30,000 rupees for the offense of child marriage.
The new draft treats marriages involving individuals above 16 years of age differently.
For marriages involving individuals above 16 but below 18 years of age, the draft proposes a prison sentence of up to one year or a fine of 10,000 rupees. However, in recent times, courts have allowed individuals sentenced to less than a year to stay out of jail by paying a fine. Therefore, those marrying between the ages of 16 and 18 may have the option to remain out of prison.
A nominal fine has been proposed for marriages involving individuals above 18 but below 20 years of age. Such individuals will only need to pay a fine of 5,000 rupees. In marriages involving individuals above 16 years of age, the draft also grants investigating officers the authority to allow couples to live separately after completing paperwork.
In other words, the draft includes a provision that allows police officials investigating cases of 'love marriages' involving individuals above 16 but below 20 years of age to let them live separately.
Such individuals above 16 years of age who wish to annul their marriage can do so within 35 days of attaining 20 years of age. However, if a child has been born or the wife is pregnant, the marriage will not be annulled.
