Supreme Court: In a writ petition filed by an NGO raising the grievance that despite the enactment of the Prohibition of Child Marriage Act, 2006 (‘PCMA’), the rate of child marriages in India is alarming the three-Judge Bench of Dr. DY Chandrachud*, CJI, JB Pardiwala and Manoj Misra, JJ. for the effective and useful implementation of the PCMA, laid down comprehensive guidelines.
Further, the Court directed a copy of this Judgment will be transmitted to the Secretaries of all Ministries concerned, the Government of India which includes the Ministry of Home Affairs, Ministry of Women and Child Development, Ministry of Panchayati Raj, Ministry of Education, Ministry of Information and Broadcasting, Ministry of Rural Development, statutory authorities, institutions, and organizations under the control of the respective ministries.
The Ministry of Women and Child Development was directed to circulate this judgment to the Chief Secretaries/Administrators of all the States and Union Territories, as well as NALSA, and NCCPR for strict compliance with the directions, within a period of four weeks from the date of delivery of this judgment.
The NGO sought to address the failure of authorities to prevent child marriages, and for stronger enforcement mechanisms, awareness programs, the appointment of Child Marriage Prohibition Officers, and comprehensive support systems for child brides — including education, healthcare, and compensation, to ensure the protection and welfare of vulnerable minors.
Analysis and Decision:
The Court noted that in 2018 it issued notice to the Union of India, and directed the Ministry of Women and Child Development to file a status report elucidating the following:
(i) The data collected from various States bearing on the nature and extent of child marriages;
(ii) Steps taken to implement the provisions of the PCMA; and
(iii) The policies formulated by the Union government to effectuate the purpose.
The Court had also directed the Union to consult the States on the appointment of Child Marriage Prohibition Officers.
The Court analysed the scheme of the PCMA and noted that it seeks to eliminate child marriages by deterrence and prevention. The Act designed the preventive measures in two ways, i.e., (i) by an injunction against the commission of child marriage, and (ii) by the appointment of CMPOs.
The Court mentioned that the legislative intent behind the appointment of the CMPOs is to designate an officer to take tailored action against child marriage in each district. The prevention of child marriage ensures that communities can progress whereas the prosecutorial functions of the CMPO ensure effective deterrence.
Further, the Court highlighted that CMPOs often lack adequate training and are ill-equipped to engage sensitively with children. Noting a study analysing child marriage cases filed nationwide between 2008 and 2017, the Court observed that CMPOs initiated only seven percent of these cases, which highlights a significant gap in proactive enforcement. Thus, there is a need for improved clarity and streamlined coordination in handling child marriage cases effectively.
Therefore, the Court held that given the significant obligations expected to be discharged by a dedicated CMPO, no officer with other responsibilities to be appointed as the CMPO.
Further , the Court directed the States or Union Territories (UTs) to appoint exclusive CMPOs in each district in addition to any CMPOs already serving in a dual capacity, and they to equip these officers with adequate resources for the effective discharge of their functions.
The Court permitted States or UT to file an application before this Court, seeking leave to appoint a CMPO who also holds other duties at the District level, if instances of child marriage have decreased to the extent that appointing exclusive CMPOs is no longer necessary.
The Court emphasized that Article 51 of the Indian Constitution establishes a foundation for integrating international human rights law into domestic legal frameworks, particularly concerning the protection of vulnerable populations such as children.
The Court remarked that Child marriage inflicts tangible and lifelong physical and mental injuries to its members. The right to health is made illusory by all accounts within such an institution. The effect of child marriage denies women their health which is vital to lead a dignified life.
Thus, the Court formulated specific guidelines for achieving the elimination of child marriage while bearing in mind the delicate socio-economic interplay, as despite progress in awareness campaigns, there is still a pressing need to enhance accountability mechanisms, ensure mandatory reporting, and rehabilitate minors affected by child marriages. Further attention is required to make the legal framework more effective by addressing loopholes and ensuring swift action against offenders, particularly in areas with high child marriage prevalence.
The Court said that PCMA being a social legislation will only succeed through the collective efforts of all stakeholders to address the issue within a broader social framework which stresses the need for multi-sectoral coordination. The Bench emphasised the need for more comprehensive approaches and community-driven strategies to ensure the complete eradication of child marriages.
The Court commented that the orientation of these guidelines is to prioritise prevention before protection and protection before penalisation.
Being cognizant of the impact that criminalisation has on families and communities, to ensure effective use of penal provisions in the PCMA, the Court underscored that it is imperative that there is widespread awareness and education about child marriage and the legal consequences of its commission.
The Court clarified that it was not discouraging prosecution of those who commit illegal acts. However, the aim of the law enforcement machinery must not be solely focused on increasing prosecutions without making the best efforts to prevent and prohibit child marriage.
For the effective and useful implementation of the PCMA, the Court laid down the following guidelines:
-
Legal Enforcement
Appointment and accountability of CMPO
-
The State Governments and Union Territories were directed to appoint dedicated officers responsible for the functions of the CMPO at the district level. These officers should be tasked exclusively with preventing child marriage and should not be assigned additional duties that could distract from their primary responsibilities.
-
If a CMPO determines that they lack the necessary resources to effectively and safely perform their duties, they were directed to submit a formal request to the relevant State Ministry of Women and Child Development. Upon receiving such a request, the Ministry will conduct an assessment of the situation and address the identified resource needs within three months.
-
To enhance personal accountability and facilitate immediate preventive measures against any planned solemnization of child marriages, each State and Union Territory were directed to upload quarterly reports from Child Marriage Prevention Officers (CMPOs) on their official websites. These reports should provide detailed information on the actions taken to prevent child marriages, as well as the outcomes of any investigations conducted.
-
The Ministry of Women and Child Development and Ministry of Home in each State/UT were directed to conduct quarterly performance reviews of CMPOs and law enforcement agencies to assess:
-
The effectiveness of child marriage prevention initiatives;
-
Response times and outcomes of reported case;
-
The level of cooperation and communication between CMPOs and local law enforcement agencies;
-
The engagement with communities and stakeholders in preventive efforts;
-
The status of CMPOs regarding deployment to additional duties, including the reasons for such assignments, to ensure that their primary focus on child marriage prevention is not compromised; and
-
Recommendations for improvements based on the assessments, including identifying areas requiring additional support or resources.
-
-
The Ministry of Women and Child Development was directed to execute mandatory training refresher for CMPOs every six months. These refreshers will ensure that all personnel are updated on:
-
Legal changes relevant to child marriage prevention;
-
Best practices and effective strategies for combating child marriage;
-
Community engagement techniques to foster collaboration with local stakeholders;
-
Advocacy skills to effectively promote child rights and raise awareness about the negative impacts of child marriage;
-
Cultural sensitivity training to address the social factors contributing to child marriage, ensuring a nuanced understanding of local contexts and practices; and
-
Evaluation and reporting mechanisms to assess the effectiveness of their initiatives and adjust strategies accordingly.
-
District-Level Responsibility for Prevention of Child Marriages
-
In addition to the mandate of the CMPO under Section 16(3)(a) — the Collectors and Superintendents of Police in each district across India were directed to be held responsible for actively preventing child marriages within their districts. They were permitted to have the authority and responsibility to prosecute all individuals who facilitate or solemnize child marriages, including those who knowingly assist, promote, or bless such marriages, even if reported in public events or media.
-
The CMPO, the Collectors and Superintendents of Police in each district were directed to inform the State Government about any impediments they encounter in the discharge of their functions, including but not limited to, social boycotts; and
-
Specific emphasis was directed to be placed on preventing mass marriages, often conducted in public, where the participation of government or law enforcement officials could inadvertently lend legitimacy to child marriage ceremonies. Any failure by district authorities to act in accordance with this mandate will warrant immediate administrative action and disciplinary proceedings against the responsible officials.
Establishment of a Specialized Police Unit
Recognizing the sensitivity and unique aspects of child marriage cases, the Court felt necessary for a specialized police unit
-
The State Ministries of Home Affairs were directed to consider the viability of integrating the Special Juvenile Police Unit (‘SJPU’) into the child marriage prevention framework. The SJPU, already trained in handling juvenile and sensitive cases, were directed to be deployed to manage cases of child marriage;
-
The Ministry was directed to evaluate the effectiveness of this integration and provide necessary resources and support to the SJPU for optimal performance in addressing child marriage issues;
-
The SJPU, supported by trained personnel and resources, was directed to ensure that child marriage cases are handled with appropriate sensitivity and urgency. The unit was directed work in coordination with CMPOs and district authorities to ensure swift preventive action and enforce legal accountability; and
-
The Ministry of Women and Child Development is directed to consider the viability and prescribe a format for the SJPUs to biannually report the following:
-
The outcomes of legal actions taken against perpetrators of child marriage, including any convictions or pending cases;
-
The number of awareness programs conducted, and the community engagement efforts made to prevent child marriages;
-
The status of collaboration with local law enforcement and child protection agencies in addressing child marriage; and
-
Any challenges faced in the reporting period and recommendations for improving child marriage prevention efforts.
-
Establishment of a Special Child Marriage Prohibition Unit
-
The State Governments and UTs were directed constitute a State Special Child Marriage Prohibition Unit and where there are more than one CMPOs in any district, a District level Special Child Marriage Prohibition Unit;
-
The Unit was directed to comprise of all the CMPOs of the State or the District, as the case may be, and to include five social workers having experience of working against child marriage or on child rights. At least two of such social workers shall be women. All the CMPOs of the Unit were directed to be provided special training on dealing with child marriages;
-
The Units were directed to tailor courses and resources with the help of professionals dealing with the mental health concerns of the CMPOs. The Unit also were directed to provide forums for CMPOs to raise any difficulties or grievances they encounter in discharge of their functions, including but not limited to, any difficulty relating to social ostracization for preventing child marriages; and
-
The Units were directed to act as a forum of sharing best practices, inviting trained professionals to dispense knowledge and collectivise and redress grievances.
-
-
Judicial Measures
Empowering Magistrates to Take Suo Moto Action and Issue Preventive Injunctions
-
All Magistrates vested with authority under Section 13 of the Prohibition of Child Marriage Act, 2006, were directed to take proactive measures, including issuing suo motu injunctions to prevent the solemnization of child marriages; and
-
Magistrates were encouraged to particularly focus on “auspicious days” known for mass weddings, when the occurrence of child marriages is notably high. Upon receiving credible information or even upon suspicion, Magistrates were directed to use their judicial powers to halt such marriages and ensure child protection.
Exploration of Special Fast-Track Courts for Child Marriage Cases
-
The Union Government, in coordination with State Governments, was directed to assess the feasibility of establishing special fast-track courts exclusively to handle cases under the PCMA. These courts will expedite case proceedings, thereby preventing prolonged delays that often lead to additional harm for the affected children; and
-
A status report on the establishment, resource allocation, and potential effectiveness of these fast-track courts to be submitted to this Court within a year from now onwards.
Mandatory Action Against Neglectful Public Servants
-
It was directed that strict disciplinary and legal action be taken against any public servant found to be in deliberate neglect of duty concerning child marriage cases within their jurisdiction. As stipulated under Section 199(C) of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, public officials who fail to act in child marriage cases, particularly those with knowledge of imminent marriages, shall be subject to stringent punishment.
-
The Court highlighted that this direction was aimed at reinforcing accountability among public officials and ensuring that child marriage cases receive immediate and appropriate action at all administrative and enforcement levels.
The Court further provided guidelines for:
-
Community involveement
-
Awareness Campaigns
-
Training/Capacity Building
-
Educational and Social Support
-
Monitoring and Accountability
-
Technology-Driven Initiatives for Reporting Child Marriage
-
Funding and Resources
The Court also gave few suggestions as it observed few gaps in the PCMA, while noting that the issue of the interface of personal laws with the prohibition of child marriage under the PCMA has been a subject of some confusion.
The Court mentioned that the PCMA states nothing on the validity of the marriage. The Prohibition of Child Marriage (Amending) Bill 2021 was introduced in Parliament on 21-12- 2021. The Bill was referred or examination to the Department Related Standing Committee on Education, Women, Children, Youth and Sports. The Bill sought to amend the PCMA to expressly state the overriding effect of the statute over various personal laws. Therefore, this issue, is pending consideration before Parliament.
Further, the Court noted that while the PCMA seeks to prohibit child marriages, it does not stipulate betrothals. The Court suggested that the Parliament can consider outlawing child betrothals which may be used to evade penalty under the PCMA. While a betrothed child may be protected as a child in need of care and protection under the Juvenile Justice Act, the practice also requires targeted remedies for its elimination.
CASE DETAILS
|
Citation: Appellants : Respondents : |
Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :
Buy Constitution of India HERE
