Harmonising laws is vital
The proposed amendments to child marriage/adoption laws are progressive but are short-sighted and not in tandem with parallel existing family law legislations
The Ministry of Women and Child Development (WCD) has proposed two amendments to the existing statutory enactments relating to marriage and adoption laws. The first proposal seeking approval of the Union Cabinet attempts to amend Section 3 of the Prohibition of Child Marriage Act, 2006 (PCMA). Reportedly, the WCD is stated to have circulated a draft Cabinet note proposing to make child marriages void ab initio, ie invalid from inception. Currently, Section 3 of the PCMA makes child marriages voidable ie, which can be terminated or annulled at the option of an aggrieved party.
The second suggested change is in the realm of enabling speedier adoption of children by proposing to amend provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, (JJ Act) to recognise District Magistrates/Collectors as the competent authority for issuing adoption orders under the JJ Act.
Beneficial, benevolent and progressive as the proposals may be, they are shortsighted and do not seem to be in tandem or harmony with parallel existing family law legislations. This may tend to create statutory conflicts with contradictory and inconsistent interpretations in issues relating to marriage, adoption and guardianship. The wholesome solution then may be to let them remain as it is or incorporate similar amendments in other existing laws for harmonious views.