MUTUAL CONSENT USED AS A TOOL TO EVADE LAW ON CHILD MARRIAGE

There are some cases of child marriage where a mutual agreement or affidavit is made between the families of the bride and the groom and signed by a government-authorized notary Advocate with some terms and conditions. But in reality, the terms and conditions are not followed properly on many occasions and these affidavits are used as tools to escape law enforcement.

Child marriages have been rampant in several districts of Assam where agreements between families of minors were used as tools to escape the law. Many more cases of child marriage have come to light in Assam after the police arrested 2,442 people as a part of the state government’s massive crackdown against the ill practice. There are some cases of child marriage where a mutual agreement or affidavit is made between the families of the bride and the groom and signed by a government-authorized Notary Advocate with some terms and conditions.

But in reality, the terms and conditions are not followed properly on many occasions and these affidavits are used as tools to escape law enforcement, said police sources. A marriage agree – ment between the family of a 14-year-old girl and an 18-year-old boy from Assam’s Kokrajhar district. The agreement carries a Notary stamp dated May 24, 2021. “Whereas the daughter of the first party as well as the son of the second party is minor. Both parties are interested to solemnize the marriage of their words i.e between and on their attaining age of maturity as per Muslim Shariat.

But due to non-attaining of their age of maturity, they are unable to solemnize the marriage at this moment but for their satisfaction, they are willing to execute this mutual agreement with the following terms and conditions,” the mutual agreement copy said. The terms and conditions mentioned in the mutual agreement are – before the age of maturity, the second party and his son shall not put any pressure on the first party as well as his daughter for the same and even the son of the second party shall not visit the house of the first party before their marriage.