New Delhi: The Supreme Court Friday issued guidelines for ensuring the effective implementation of the Prohibition of Child Marriage Act, 2006, and complete elimination of the social evil of child marriage.
A bench of Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, delivered a 141-page ruling, which said: “Child marriage deprives children of their agency, autonomy and right to fully develop and enjoy their childhood. The right to free choice and autonomy in marriage encompasses three fundamental rights: the right to free and informed consent, the right against gender-based violence, and the right to sexual autonomy.”
The court was acting on a petition filed by the NGO Society for Enlightenment and Voluntary Action, which has extensively worked against child marriage. The plea said that despite the enactment of the 2006 legislation, the rate of child marriage in India was alarming, and sought to address the failure on the part of the authorities to prevent such marriages.
Calling for stronger enforcement mechanisms, awareness programmes, the appointment of Child Marriage Prohibition Officers (CMPOs) and a comprehensive support system for child brides, including education, healthcare, and compensation, the petitioners sought to ensure the protection and welfare of vulnerable minors. As a result, they sought the issuance of effective guidelines.
The court said that despite a “near-universal agreement” on the ills of child marriage, its commission and prevalence have been sobering. Globally, children continue—despite legal norms to the contrary—to be married before they reach 18 years of age, the court said, attributing this phenomenon to “patriarchy, gender inequality, poverty and lack of education and employment”.
Laying down guidelines for the prevention of child marriage, the court said the aim of the law enforcement machinery should not be focused solely on increasing prosecutions, without making efforts to prevent and prohibit the offence in the first place.
The Prohibition of Child Marriage Act of 2006 sets the minimum age of marriage at 18 years for girls and 21 years for boys in India.
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Guidelines laid down by court
Legal Enforcement
The three-judge bench ruled that state governments and Union territories (UTs) must appoint officers solely responsible for discharging the CMPO’s functions at the district level, who shouldn’t be burdened with additional duties that could impede their focus on preventing child marriage.
Further, if the CMPO feels a lack of necessary resources to safely and comprehensively fulfil their function, they must submit a request to the relevant state ministry of women and child development, which will then conduct an assessment to address the needs within three months from when the request was made.
To enhance personal accountability and ensure immediate preventive measures, the court directed each state and UT, to upload quarterly reports from CMPOs on their official websites, detailing steps taken and outcomes of investigations.
The court also directed the ministries of women and child development and home in each state to conduct quarterly performance reviews of CMPOs and law enforcement agencies, to assess levels of cooperation and communication between the two, along with giving recommendations for improvement. A direction was also made to the ministry of child development to execute mandatory training refresher courses for CMPOs every six months.
District-level responsibility
For this, the court directed that in addition to Section 16(3)(a) of the Act, which states that CMPOs have a duty to prevent solemnisation of child marriages by action, as they deem fit, the collectors and police superintendents in each district will be responsible for actively preventing child marriages within their areas.
They shall also have the authority and responsibility to prosecute all individuals who facilitate or solemnise child marriages, including those who knowingly assist, promote or bless such marriages, even if reported in public events or the media, the court said, adding that they must also inform the state government of any impediments encountered while discharging their functions.
Establishment of Special Child Marriage Prohibition Unit
Saying that state governments and UTs must constitute special child marriage prohibition units, the court added that in case there is more than one CMPO in a district, a district-level special child marriage prohibition unit shall also be set up. The unit will also act as a forum for sharing best practices, inviting trained professionals to dispense knowledge and collectivise and redress grievances, the court said.
Judicial measures
The court said that, under Section 13 of the 2006 Act, all magistrates vested with authority to take proactive measures, like the issuance of suo motu injunctions for prevention of child marriage, are encouraged to focus on particularly “auspicious days” known for mass weddings, when the occurrence of child marriages would be notably high. Upon receiving credible information or even upon suspicion, magistrates should use their judicial powers to halt such marriages and ensure child protection.
Special fast-track courts
The court also directed that the central government, in coordination with state governments, shall set up special fast track courts to exclusively handle cases under the 2006 Act.
These courts will expedite case proceedings, thereby preventing prolonged delays that often lead to additional harm to the affected children, the court said. A status report must also be submitted to the top court within a year, detailing the establishment, resource allocation, and potential effectiveness of these fast-track courts, the court ruled.
Mandatory action against neglectful public servants
Directing that strict disciplinary and legal action should be taken against public servants found to be in deliberate neglect of duty concerning child marriage cases in their jurisdictions, the court said that Section 199(C) of the Bharatiya Nagarik Suraksha Sanhita, 2023, stipulates that public officials failing to act in child marriage cases, particularly those with knowledge of imminent marriages, shall be subject to stringent punishment.
Other guidelines
Besides this, the court also delved into measures involving the community, at large. These included coming up with an annual action plan to prevent child marriages, incorporating key performance indicators (KPIs) that reflect local cultural and social contexts.
Directing states and UTs to implement regular orientation programmes, awareness campaigns, seminars, and workshops in their annual schedules, the court also said that CMPOs, gram panchayat or municipality office holders, government officials, school principals and teachers should specifically be targeted.
Apart from this, the court also directed integration of sex education into school curricula, in line with the World Health Organization’s prescribed framework, which includes “clear information on the legal aspects of child marriage, gender equality, reproductive health rights”. This should especially be done in schools in areas where child marriage is prevalent.
Measures such as building educational material and community awareness tools like a dedicated section in textbooks or displaying posters on the wall or setting up a reporting protocol, where principals and teachers would be required to report potential child marriage cases, were also laid down in these guidelines.
Finally, the court directed setting up of and awareness of targeted community awareness campaigns and empowerment programmes for girls and young women. It said that awareness about helplines such as the Childline (1098) and Women Helpline (181) should be included in all educational material and community campaigns.
(Edited by Nida Fatima Siddiqui)
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