"Child Marriage Deprives Children Of Agency, Autonomy": Supreme Court

Issuing a slew of directions for the effective implementation of the Prohibition of Child Marriage Act, 2006, the Supreme Court on Friday said that child marriage deprives children of their agency, autonomy, and right to fully develop and enjoy their childhood.

A bench, headed by CJI DY Chandrachud, ordered state and Union Territory governments to appoint officers solely responsible for discharging the functions of Child Marriage Prohibition Officers (CMPOs) at the district level.

"These officers should not be burdened with additional duties that could impede their focus on preventing child marriage," the bench said.

The bench, also comprising Justices JB Pardiwala and Manoj Misra, was dealing with a public interest litigation (PIL) raising the grievance that the rate of child marriages in India is alarming despite the enactment of the 2006 Act. The PIL highlighted the practice of appointing an officer with multifarious duties as the CMPO impeded the effectiveness of child marriage prevention measures.

In its judgment, the Supreme Court noted: "The appointment of CMPOs is not a mere statutory formality as part of an ornate virtue signalling. An effective CMPO must make efforts to find their roots in the community, engage with communities and organisations in the area and carry out the painstaking, and sometimes thankless, task of reporting specific factors affecting child marriages in the district."

It ordered, that given the significant obligations expected to be discharged by a dedicated CMPO, no officer with other responsibilities should be appointed to the post.

"States or UTs shall appoint exclusive CMPOs in each district in addition to any CMPOs already serving in a dual capacity, and they shall equip these officers with adequate resources for the effective discharge of their functions," it said.

The top court said that a state government or UT administration may file an application before it seeking permission to appoint a CMPO who also holds other duties if instances of child marriage have decreased to the extent that appointing exclusive CMPOs is no longer necessary.

The PIL filed before the Supreme Court had sought stronger enforcement mechanisms, awareness programmes, and comprehensive support systems for child brides to ensure the protection and welfare of vulnerable minors.

In its judgment, the court said that the collectors and superintendents of police in each district across India will also be responsible for actively preventing child marriages within their districts.

"They shall 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 media," it added.

Further, it suggested that the state governments consider the viability of integrating the Special Juvenile Police Unit into the child marriage prevention framework to manage cases of child marriage.

The Supreme Court ordered all magistrates to take proactive measures, including issuing suo motu injunctions to prevent the solemnisation of child marriage.

"Magistrates are 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 should use their judicial powers to halt such marriages and ensure child protection," it said.

The top court also suggested the Union government, in coordination with state governments, assess the feasibility of establishing special fast-track courts exclusively to handle child marriage cases.

"These courts will expedite case proceedings, thereby preventing prolonged delays that often lead to additional harm for the affected children," it said.

It further ordered the Union Ministry of Home Affairs, in collaboration with the Ministry of Women and Child Development and the National Legal Services Authority (NALSA), to set up a designated portal for online reporting of child marriages.

"This portal will include features for anonymous reporting, allowing victims and concerned citizens to easily lodge complaints and access support services and serve as a centralised platform for collecting and analysing data on child marriage incidents, enabling targeted interventions," the court said.

The top court suggested the Union Ministry of Women and Child Development consider the viability of providing compensation to girls who opt out of marriage upon reaching the age of majority under the NALSA Victim Compensation Scheme or State Victim Compensation Schemes.

"This compensation should be equivalent to that provided to rape victims, ensuring adequate support for those who have escaped child marriage," it said.

In a detailed 141-page verdict, the top court stressed that 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. It said that girls who are married off early are not only denied their childhood but left to the mercies of their marital home and in-laws, adding that boys who are married early are forced to take up more responsibilities and are pressured to play the role of a provider to the family, earlier in life.

"Both sexes are adversely affected by forced and early marriage. Marrying in childhood has the effect of objectifying the child. The practice of child marriage imposes mature burdens on children who are not physically or mentally prepared to comprehend the significance of marriage," it said.

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