50 j REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRU MENTS OF HUMAN RIGHTS B] Child Marriage Restraint Act, 1929 The widespread persistence of child marriage in certain parts of the country, especially in Rajasthan, has continued to be of great concern to the Commission. The efforts of the Commission to deal with the problem have been dealt with in detail in earlier annual reports. 5.8 In order to curb the practice of child marriage in the coimtry, the Commission had taken the view that the Child Marriage Restraint Act, 1929 should be recast so as to provide for higher penalty for the violations of the provisions of this Act and also to make the offence cognisable and non-bailable. Further, it was of the view that a provision should be made in the amended Act to take action against organisers/ associations who organise child marriages on a mass-scale. 5.9 The Commission accordingly requested Justice Smt. Sujata V. Manohar, Member of the Commission, to study the Child Marriage Restraint Act, 1929 and offer her comments. She was of the view that it was necessary, first of all, to provide for registration of all marriages — whether religious or civil. Further, just as there were registers of births and deaths, there should be registers of marriages where any marriage in any form, performed within the area must be registered. This would provide an authentic record of the marriage and put an end to all disputes regarding the performance of the marriage. Since marriage affects the status and legal rights not just of the parties to the marriage but also others including their children, it was essential that an authentic record of marriages should be maintained by the State. 5.10 In her comments. Justice Smt. SujataV Manohar also stressed that, if at the time of the marriage one party or both parties to the marriage are minors, the marriage needs to be made voidable at the instance of the party who was a minor at the time of the marriage. For this, it should be possible to file a petition at any time, but before completion of two years of attaining majority. Further, in order to safeguard a minor girl's position, an amendment proposed by Justice Smt. SujataV Manohar, suggested that the husband or his guardian (if he was a minor at the time of marriage) shall pay maintenance to the minor girl imtil her remarriage. All gifts and dowry received at the time of marriage were also required to be returned. Marriages through force or fraud would be void. A child marriage in contravention of an injunction order of the Court would also be void. In the proposed amendments, punishment for contravention of any provision of the Act would have to be made more stringent (up to two years of NATIONAL HUMAN RIGHTS COMMISSION