'Very Important Issue': Supreme Court Reserves Judgment On Plea To Curb Child Marriages

While reserving judgment on an NGO's plea seeking due implementation of the Prohibition of Child Marriage Act, the Supreme Court today remarked that programmes and lectures aimed at creating awareness do not really bring about a change on the ground-level."Registration of FIR is one aspect. But at the social level, what can be done?" Chief Justice of India DY Chandrachud asked the Union of India. When Additional Solicitor General Aishwarya Bhati (for Union) referred to certain awareness programmes carried out by the government to create awareness, the CJI commented: "they don't really change things on the ground".The matter was before a bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra which, while reserving judgment, called on the counsels for the petitioner-NGO and Union to place before it some concrete suggestions that could be put forth to governments as guidance.To recap, when the matter was heard in April 2023, counsel for petitioners informed the court that the issue of child marriage continued to persist. In response, Additional Solicitor General Madhavi Divan urged that there was a bill pending since 2021, as per which the women's age of consent for marriage was to be raised to 21 years.After hearing the counsels, the Court had directed the Union to file a status report, elucidating:1. The data collected from various states bearing on the nature and extent of child marriages;2. Steps taken to implement the provisions of the Prohibition of Child marriage Act 2006;3. The policy formulated by the Union government to effectuate the purpose of the Act."The Union of India should also engage with the State governments in order to apprise the court on the compliance by states of the provision of Section 16(3) for the appointment of the child marriage Prohibition officer. Affidavit shall also clarify whether the officer so appointed or given other multifarious duties", it had further said.Today's hearing began with ASG Bhati apprising the court that the status report called for had been placed on record. The same provided state-wise data of 29 States/Union Territories on the number of child marriages reported, number of cases of child marriages prevented, number of cases in which FIR was registered, etc. for the past 3 years. "[Data would show that] problem is severely high in some states...", the ASG submitted. She drew the court's attention to the fact that 5 states/Union Territories, ie Dadar and Nagar Haveli, Ladakh, Meghalaya, Mizoram and Nagaland reported zero cases. On the other hand, numbers were high in Andhra Pradesh, Assam, Gujarat, Karnataka, Maharashtra, Tamil Nadu, and Telangana.Education and Skill Development Is The Way Forward: UnionThe ASG asserted that there was a significant improvement in the child marriage statistics compared to the years 2006-07: "There is a 50% reduction...from 47% child marriages to 23% child marriages".On the CJI questioning about conviction rates, she answered: "It's a multi-pronged approach. The prosecution...experience on the ground is that it's not the most effective amelioration or solution. So efforts have been of awareness, training, capacity building at one step...then incentivizing".Emphasizing the importance of the Union's programmes, the ASG further stated, "we have to work towards wholesome education and opportunities, skill development for young girls and women. That is the only way one half of the population will really be able to contribute as nation builders and get out of these social evils in an effective manner."In this regard, she referred to government schemes/programmes including - Beti Bachao Beti Padhao, Sukanya Samridhi Yojana, Pradhan Mantri Awas Yojana, Pradhan Mantri Jan Dhan Yojana, Mission Poshan 2.0, Swachh Vidyalaya Mission, etc."If their (young girls' and women's) role can be freed up from caregiving to some productive activities, that is where the wholesome change will happen", said the ASG.States Giving Additional Charge To District Magistrates, SDMs, etc.The ASG also informed the court that most states give additional charge to District Magistrates, etc. to deal with the issue of child marriage. One state however, ie Andhra Pradesh, has outrightly said it gives no such additional charge."The experience is, when additional charge is given to people like District Magistrates, Sub-Divisional Magistrates, Tehsildars, Patwaris, etc...they are in a position of power and authority. Their word carried weight. It may not be completely ideal to have people only with the charge of child marriage prohibition".The submission however was countered by the counsel for petitioners, who argued that Child Marriage Protection Officers were contemplated by the Act for a purpose, looking at the scale of the problem. If additional charge is given to District Magistrates, etc., they would neither have the human and monetary resources, nor the time, to monitor the issues.We Don't Know The End Result Of Prosecution, Schemes Put Onus On...

'Very Important Issue': Supreme Court Reserves Judgment On Plea To Curb Child Marriages

Debby Jain

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