Laxmi Sargara: Baby bride who wed at the age of one has ‘marriage’ annulled in landmark case

By
Daily Mail Reporter

22:22 EST, 25 April 2012

|

06:36 EST, 26 April 2012


Relief: Laxmi Sargara, 18, who became a bride at the age of one, holds the certificate annulling the marriage

Relief: Laxmi Sargara, 18, who became a bride at the age of one, holds the certificate annulling the marriage

An Indian woman who became a bride at the age of one has had her ‘marriage’ legally annulled in a ground-breaking legal case.

Laxmi Sargara, now 18, wed husband Rakesh when he was three, in the desert state of Rajasthan in northwestern India after their parents decided they should eventually start a family.

Although child marriages were officially outlawed in India in 1929, the practice is still common in many parts of the country, especially in poor rural communities.

Sargara only discovered she was married a few days ago when she was told she would be sent to live in her husband’s home this week.

She sought advice from a social worker who runs the children’s rights group Sarathi Trust

She told the AFP news agency: ‘I was unhappy about the marriage.

‘I told my parents who did not agree with me, then I sought help. Now I am mentally relaxed and my family members are also with me.’

A recent Unicef report says 47 per cent of married women in India wed before age 18 and that 40 percent of the world’s child marriages take place in the country.

Girls married in their infancy usually
continue to live with their parents until they reach puberty at which
point they are taken to their husband’s family.

Social worker Kriti Bharti negotiated
with Rakesh on Sargara’s behalf and managed to persuade the families
that the marriage was unfair.

Practice: Although child marriages were officially outlawed in India in 1929, the practice is still common in many parts of the country, especially in poor rural communities such as this village in the western state of Gujarat

Although child marriages were outlawed in India in
1929, the practice is still common in many parts of the country,
especially in poor rural communities such as this ceremony in a village in the western
state of Gujarat in April this year

She told AFP: ‘It is the first example we know of a couple wed in childhood wanting the marriage to be annulled, and we hope that others take inspiration from it.

Bride and groom signed a joint legal document to annul the marriage which was validated by a public official in the town of Jodhpur.

Indu Chaupra, local director of the ministry of women and child development, said: ‘To ensure that the girl does not face any problem in future, we decided to go for a legal agreement.

A recent survey found that 10 per cent of girls in Rajasthan are married off before the age of 18.

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have been moderated in advance.

sick sick people and if this is their ‘culture’ then we want no part of it. Hang on…..it’s already here!

The fantastic thing about this is, she was able to find strength, and the support to challenge this ridiculous custom. Another nail in the coffin of oppression! May people In similar situations take courage from her bravery.

This is not “groundbreaking”. There were plenty of examples of this in the Ottoman Empire. A girl could be betrothed by her parents before the age of puberty. On reaching puberty if she did not want the marriage she had it annulled. Happened many times. The problem is that during the colonial period the sharia courts were dismantled and women lost this right, the knowledge of the right then started to disappear. But it was well known and practiced before the colonial period.

Well done that girl for speaking up, getting help and getting out. Bravo.

If you are not old enough to consent, it can’t possibly be binding

This is a brave girl who stood her ground …… Well done

“Girls married in their infancy usually continue to live with their parents until they reach puberty at which point they are taken to their husband’s family.”
simply disgusting, such barbaric practices should be banned, any support should be outlawed to any country/society that refuses to comply no excuses of any kind, a girl/boy should decide when/where to get married without pressure of any kind.

“…people whose origins are in pre-modern cultures ..they must remain living where the practices are tolerated. They cannot seek to emigrate elsewhere, bringing those practices with them. If they wish to live in Britain, or in other first world nations, they must expect to adapt to our local customs and culture. …
– Ana, Sydney, Australia, 26/4/2012 09:11”
============= Ana, your comment smacks of pure hypocrisy and contradiction. By “pre-modern”, no doubt you mean anything that isn’t “European” and disagrees with you. Firstly, this report is about an event in INDIA not Australia or Britain, Secondly child marriage is ILLEGAL in India, Thirdly, did you adapt to local Australian customs and culture (ie Aboriginal custom and culture) when you and your ancestors emigrated there? No, the Aborigines, the true Australians, were conveniently sidelined and their culture wiped out!!!

In the uk now lots of asian couples meet up at uni and then after they leave arrange a third party to introduce them as perspective marrage partners. This keeps all involved happy and no doubt works as they would be less inclined to devorce for the same reason – family honour. Something the rest of us could lern from.

Child marriage and any other marriage outside the consent of one or both partners has no place in the 21st Century and well done to both Laxmi and Rakesh for having the courage to say ‘no’ to this now-obsolete tradition. I wish them both happiness and love for their future.

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