{"id":333400,"date":"2024-10-18T19:00:02","date_gmt":"2024-10-18T13:30:02","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=333400"},"modified":"2024-10-24T10:49:48","modified_gmt":"2024-10-24T05:19:48","slug":"supreme-court-issues-comprehensive-guidelines-for-effective-implementation-of-prohibition-of-child-marriage-act","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/10\/18\/supreme-court-issues-comprehensive-guidelines-for-effective-implementation-of-prohibition-of-child-marriage-act\/","title":{"rendered":"Supreme Court issues comprehensive guidelines for effective implementation of Prohibition of Child Marriage Act: A detailed breakdown"},"content":{"rendered":"
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Supreme Court:<\/span> In a writ petition filed by an NGO raising the grievance that despite the enactment of the Prohibition of Child Marriage Act, 2006<\/a> (‘PCMA’), the rate of child marriages in India is alarming the three-Judge Bench of Dr. DY Chandrachud*<\/span>, CJI, JB Pardiwala and Manoj Misra, JJ. for the effective and useful implementation of the PCMA, laid down comprehensive guidelines.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Analysis and Decision:<\/h3>\n

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:<\/p>\n

(i) The data collected from various States bearing on the nature and extent of child marriages;<\/p>\n

(ii) Steps taken to implement the provisions of the PCMA; and<\/p>\n

(iii) The policies formulated by the Union government to effectuate the purpose.<\/p>\n

The Court had also directed the Union to consult the States on the appointment of Child Marriage Prohibition Officers.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

The Court emphasized that Article 51<\/a> of the Indian Constitution<\/a> establishes a foundation for integrating international human rights law into domestic legal frameworks, particularly concerning the protection of vulnerable populations such as children.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

The Court commented that the orientation of these guidelines is to prioritise prevention before protection and protection before penalisation.<\/p>\n

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.<\/p>\n

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.<\/p>\n

For the effective and useful implementation of the PCMA, the Court laid down the following guidelines:<\/p>\n

    \n
  1. \n

    Legal Enforcement<\/p>\n

    Appointment and accountability of CMPO<\/p>\n

      \n
    1. \n

      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.<\/p>\n<\/li>\n

    2. \n

      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.<\/p>\n<\/li>\n

    3. \n

      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.<\/p>\n<\/li>\n

    4. \n

      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:<\/p>\n