Akshaya Tritiya

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Introduction
Akshaya Tritiya is a widely observed spring festival in Hindu and Jain communities, traditionally regarded as an auspicious day for starting new ventures — including the solemnisation of marriages. From a legal perspective in India, Akshaya Tritiya is not merely a cultural calendar entry: it is a high-risk temporal flashpoint when families accelerate or stage marriages (including clandestine child marriages) to take advantage of the perceived sanctity of the date. For practitioners, the legal questions that arise repeatedly around this festival are practical and urgent — prevention and annulment of child marriages, safeguarding minors, securing interim relief, reconciling freedom of religion with statutory prohibitions, and advising clients (both complainants and respondents) on evidentiary and procedural strategies.

Core Legal Framework
– Constitution of India
– Article 21 (Right to life and personal liberty): implicated where minors’ bodily autonomy and welfare are at stake and where forced or child marriages impact life, health and liberty.
– Article 25 (Freedom of conscience and free profession, practice and propagation of religion): subject to public order, morality and health — does not permit practices that contravene other statutory protections (e.g., prohibition of child marriage).

  • Prohibition of Child Marriage Act, 2006 (PCMA), key provisions
  • Section 2 — Definitions: “child” means a person who, if a male, has not completed twenty‑one years of age and if a female, has not completed eighteen years of age.
  • Section 3 — Prohibition: solemnisation of child marriage is prohibited and persons solemnising or permitting such marriage may incur penalties.
  • Section 4 — Voidability: a marriage solemnised where either party is a child is voidable at the option of the contracting party who was a child at the time of marriage.

  • Other PCMA provisions create offences and enable penalties, and provide for reliefs such as maintenance and custody; PCMA also contains mechanisms for prevention and punishment of those who promote or solemnise child marriages.

  • Indian Penal Code, 1860 (IPC)

  • Section 375 & 376 (rape and punishment): sexual intercourse with a female below the age of consent is an offence.

  • Section 376B (created by amendment and interpreted consistently by the Supreme Court): sexual intercourse by a man with his own wife when she is under eighteen years is penalised (and the Supreme Court has read down exceptions to ensure protection of minors).

  • Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)

  • Child Welfare Committees (CWCs) and the juvenile justice apparatus have frontline powers to receive reports, provide protection and rehabilitative measures for children threatened by child marriage.

  • Personal laws and the Special Marriage Act, 1954

  • Religious solemnisation under personal laws and civil registration under the Special Marriage Act co‑exist. The SMA provides a secular route for marriage registration independent of religion; it is a practical alternative but does not immunise parties from PCMA.

Practical Application and Nuances
How the issue arises in practice on Akshaya Tritiya
– Temporal clustering: Families often choose Akshaya Tritiya for mass or private ceremonies; a spike in reports of suspected child marriage to police, CWCs and NGOs is common.
– Concealment tactics: To evade detection, parties may: perform quick temple ceremonies, obtain forged age proofs (false birth certificates, school certificates), produce false affidavits of age, or celebrate in remote locations.
– Religious defence: Defendants frequently assert religious custom and freedom of religion; courts invariably balance Article 25 rights against statutory protections for children and public order/morality.

Common judicial and administrative responses (day-to-day functioning)
– Prevention stage (pre‑solemnisation)
– FIR/complaint: Police can be asked to register FIRs under PCMA offences; CWCs can be approached to intervene immediately.
– Injunctions and writs: Courts (District Judges/High Courts) frequently entertain urgent petitions (writs under Article 226, criminal writs or civil injunctions) to restrain imminent child marriages, especially during festivals. Practitioners often obtain emergency orders directing police/CWCs to prevent solemnisation and to produce parties before court.
– Role of CWCs: CWCs may take custody of the minor, provide protective measures, and ensure medical examination/counselling.

  • Post-solemnisation remedies
  • Voidability under PCMA: A child‑spouse can seek a declaration that the marriage is voidable; courts can annul or set aside the marriage at the option of the minor.
  • Criminal consequences: Prosecution under PCMA, and where sexual relations have occurred with minors, prosecution under IPC and POCSO (Protection of Children from Sexual Offences Act) may follow.
  • Maintenance and custody: Courts can order maintenance and custody for the minor spouse and children born of such unions; PCMA contains specific relief provisions and courts may invoke other family law mechanisms (Section 125 CrPC for maintenance is often used depending on facts).

Evidence and proof issues frequently encountered
– Age proof: Birth certificates, school records, Aadhaar, immunisation records, and contemporaneous documents are pivotal. Where official records are lacking, affidavits and circumstantial evidence (testimony of relatives, neighbours, doctors) may be relied upon but are open to challenge.
– Burden of proof: While the prosecution/plaintiff bears the primary burden, courts recognise difficulties in proving ages; in many instances, once credible material indicates minority, the evidentiary burden shifts to the respondent to prove majority or refute allegations.
– Medical evidence: Post‑marriage sexual activity and consummation issues often involve forensic and medical reports; for minors, POCSO procedures (special courts, recording of statements under Section 161/164 CrPC) apply.

Concrete examples of court uses
– Emergency injunction to stop a scheduled temple marriage on the morning of Akshaya Tritiya based on an affidavit by a parent alleging the bride was 17 — courts routinely direct immediate police/CWC action and order verification of age documents.
– Post‑festival, a minor files a petition under PCMA seeking nullification; courts admit the petition, appoint CWCs to take custody, and direct criminal investigation under PCMA and POCSO if sexual activity is alleged.

Landmark Judgments
– Independent Thought v. Union of India, (2017) 10 SCC 800
– The Supreme Court held that sexual intercourse by a man with his wife, where the wife is below 18 years of age, is an offence and falls within the definition of “rape”. The decision emphasises that marriage does not confer immunity for actions that constitute sexual offences against minors. Practically, this equips prosecutors and victims’ counsel to pursue criminal charges even where a child marriage has a façade of religious solemnisation.

  • Lata Singh v. State of U.P., (2006) 5 SCC 475
  • The Supreme Court affirmed that an adult woman’s right to choose a partner is protected under Article 21 and cannot be frustrated by familial coercion. The judgment is frequently cited where adults claim religious custom as justification for police or family interference — it helps distinguish adult consensual unions celebrated on festivals from compelled or child marriages.

Strategic Considerations for Practitioners
For counsel acting for the minor (complainant, parent, State, NGO)
– Immediate steps on receiving information of an imminent marriage
– File an urgent writ petition or criminal complaint with magistrate/police; seek immediate interim orders restraining solemnisation and directing production of the parties.
– Notify and involve the Child Welfare Committee; secure custody of the minor if necessary.
– Obtain urgent orders for verification of age documents (school certificates, birth register) and seek forensic medical examination only through proper channels and with child‑sensitive safeguards.
– Evidence and preservation
– Gather contemporaneous documentary evidence (photographs, messages arranging the marriage, venue booking receipts, travel records).
– Request police/CWC to seal the venue, preserve guest lists, and record statements under Section 164 CrPC where appropriate.
– Relief package to seek
– Interim protection, injunction preventing marriage; direction to register FIR under PCMA/POCSO; declaratory relief of voidability/annulment if already solemnised; maintenance/custody orders.

For counsel acting for the parties defending a marriage performed on Akshaya Tritiya
– Risk assessment and compliance
– Check age documents meticulously; where age is in dispute, counsel should consider voluntary stay of relations pending verification to avoid criminal culpability under IPC/POCSO.
– Advise voluntary registration under Special Marriage Act (where parties are adults) to provide civil regularisation — but do not use SMA registration to defeat PCMA if a party is a child.
– Defence strategies
– If married adults assert religious freedom, emphasise consent and majority; rely on documentary evidence of majority and independent witnesses.
– Avoid reliance on “custom” to justify child marriage — statutory prohibition overrides cultural practice.
– Negotiation and mitigation
– Where the marriage involves a minor and family seeks to regularise circumstances, counsel should negotiate protective orders (stay of consummation, welfare supervision, educational continuation) while the legality is adjudicated — prevent irreversible harm to the minor.

Common pitfalls to avoid
– Treating festival immunity as legal protection: Festivals do not confer legal immunity — PCMA and criminal statutes apply equally.
– Accepting unreliable age proofs: Forged or easily manipulated documents (school affidavits, late registration birth certificates) are frequent. Forensic corroboration and cross‑checking with multiple authorities (municipal records, immunisation, school enrolment) is essential.
– Delaying CWC/police involvement: Time is of the essence — once solemnisation occurs and consummation follows, remedial options narrow and criminal exposure increases.
– Overlooking POCSO: If sexual activity with a minor is alleged, POCSO procedures and special courts apply and are mandatory; mishandling can lead to statutory non‑compliance and adverse outcomes.

Practical checklist for practitioners confronting Akshaya Tritiya marriage matters
– On alert days (Akshaya Tritiya and similar): coordinate with local NGOs, CWC and police, advise courts proactively, prepare sample emergency petitions and affidavits.
– Pre‑emptive counseling for families: advise clients on legal consequences of child marriages, obtain age affidavits, suggest lawful alternatives (postpone solemnisation, register under SMA if adult).
– For rescue and relief: ensure safe housing, medical and psychological services for minors; obtain interim custody and protect against familial reprisals.

Conclusion
Akshaya Tritiya increases the incidence and urgency of marriage‑related disputes in India. The legal position is clear: statutory protection of children under PCMA, IPC and POCSO takes precedence over cultural or religious calendars. For practitioners, success depends on speed, forensic and documentary rigor (age proof), effective use of CWCs and police, and strategic deployment of interim writs and criminal complaints. For defenders, the narrow path is documentary proof of majority and compliance with statutory safeguards — otherwise, the law favours protective intervention. In short: festivals may be auspicious for families — but they offer no sanctuary from statutory duties and criminal liability, and practitioners must prepare and act decisively when matters arise.