'Prioritise Prevention, Prosecution Alone Ineffective To Bring Social Change' : Read Supreme Court's Guidelines Against Child Marriages

The Prohibition of Child Marriage Act, 2006 is a social legislation which requires a collective effort of all stakeholders for its success, said the Supreme Court, emphasising the need for community-driven strategies and more focus on prevention than prosecution.The Court said that preventive strategies should therefore be tailored to address the root causes of child marriage, such as poverty, gender inequality, lack of education, and entrenched cultural practices.With this view, a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra issued a set of guidelines to "prioritise prevention before protection and protection before penalisation.""We are cognizant of the impact that criminalisation has on families and communities. To ensure effective use of penal provisions in the PCMA, it is imperative that there is widespread awareness and education about child marriage and the legal consequences of its commission," CJI DY Chandrachud wrote in the judgment.The Court however clarified that it should be understood as 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. The focus on penalisation reflects a harms- based approach which waits for a harm to occur before taking any steps. This approach has proven to be ineffective at bringing about social change," the Court said.The guidelines were issued in a petition filed by NGO Society for Enlightenment and Voluntary Action.The Court has directed that a copy of the judgment be transmitted to the Secretaries of all concerned Ministries, 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.The guidelines are the following :A. Legal Enforcement1. Appointment and accountability of Child Marriage Prevention Officers (CMPO)1.1.State Governments and Union Territories (UTs) must appoint officers solely responsible for discharging the functions of CMPO at the district level. These officers should not be burdened with additional duties that could impede their focus on preventing child marriage;1.2.If a CMPO believes that they lack the necessary resources to safely and comprehensively fulfil their functions, they must submit a request to the relevant State Ministry of Women and Child Development. The Ministry shall conduct an assessment and address the resource needs within three months of the date on which the request was made;1.3.To enable personal accountability and ensure immediate preventive measures are taken against any planned solemnization of child marriages - each State and UT is directed to upload quarterly reports from CMPOs on their official websites. These reports should detail the steps taken to prevent child marriages and the outcomes of investigations;1.4.The Ministry of Women and Child Development and Ministry of Home in each State/UT shall conduct quarterly performance reviews of CMPOs and law enforcement agencies to assess:1.4.1. The effectiveness of child marriage prevention initiatives;1.4.2. Response times and outcomes of reported case;1.4.3. The level of cooperation and communication between CMPOs and local law enforcement agencies;1.4.4. The engagement with communities and stakeholders in prevention efforts;1.4.5. 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; and1.4.6. Recommendations for improvements based on the assessments, including identifying areas requiring additional support or resources.1.5.The Ministry of Women and Child Development is directed to execute mandatory training refreshers for CMPOs every six months. These refreshers will ensure that all personnel are updated on:1.5.1. Legal changes relevant to child marriage prevention;1.5.2. Best practices and effective strategies for combating child marriage;1.5.3. Community engagement techniques to foster collaboration with local stakeholders;1.5.4. Advocacy skills to effectively promote child rights and raise awareness about the negative impacts of child marriage;1.5.5. Cultural sensitivity training to address the social factors contributing to child marriage, ensuring a nuanced understanding of local contexts and practices; and 1.5.6. Evaluation and reporting mechanisms to assess the effectiveness of their...

'Prioritise Prevention, Prosecution Alone Ineffective To Bring Social Change' : Read Supreme Court's Guidelines Against Child Marriages

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