The Supreme Court on Friday passed a set of directions to the Centre, states/UTs and other authorities in a bid to eradicate the "social evil" of child marriages, the prevalence of which the top court termed "sobering.
The Supreme Court said the guidelines would prioritise "prevention before protection and protection before penalisation" as it was cognisant of the impact that criminalisation has on families and communities.
The Supreme Court on Friday passed a set of directions to the Centre, states/UTs and other authorities in a bid to eradicate the "social evil" of child marriages, the prevalence of which the top court termed "sobering.
In a 141-page judgment, a bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala and Manoj Misra issued several directions to the stakeholders under nine heads, including for appointment of officers solely responsible for discharging the functions of Child Marriage Prohibition Officers (CMPO) at the district level in the country.
The verdict came on a PIL seeking stronger enforcement mechanisms to curb child marriages.
Under the title of "Legal Enforcement", the Supreme Court said, “State governments and Union Territories (UTs) must appoint officers solely responsible for discharging the functions of Child Marriage Prohibition Officer (CMPO) at the district level. These officers should not be burdened with additional duties that could impede their focus on preventing child marriage.”
The top court said the guidelines would prioritise "prevention before protection and protection before penalisation" as it was cognisant of the impact that criminalisation has on families and communities.
"To ensure effective use of penal provisions in the PCMA [Prohibition of Child Marriage Act], it is imperative that there is widespread awareness and education about child marriage and the legal consequences of its commission," the bench said, adding it should not be understood to discourage prosecution of those who commit illegal acts.
ALSO READ | To Curb Child Marriage, Assam Announces Monthly Stipend For Girls Pursuing Higher Education
The apex court directed the ministries of Women and Child Development and Home in states and UTs [union territories] to conduct quarterly performance reviews of CMPOs and law enforcement agencies to assess the effectiveness of child marriage prevention initiatives and response times besides outcomes of a reported case.
It fixed the district-level responsibility for prevention of child marriages and said, "In addition to the mandate of the CMPO …the collectors and superintendents of police in each district across India shall also be responsible for actively preventing child marriages within their districts."
The top court further ordered the establishment of a specialised police unit to stop child marriages.
Recognising the sensitivity and unique aspects of child marriage cases, a specialised police unit is deemed essential, the top court said. The state Ministries of Home Affairs shall consider the viability of integrating the Special Juvenile Police Unit into the child marriage prevention framework, it directed.
The Supreme Court also empowered magistrates to take suo-motu action and issue preventive orders under the title "Judicial Measures".
The top court directed strict disciplinary and legal against any public servant found to be in deliberate neglect of duty concerning child marriage cases.
Terming child marriages as a "social evil" and its commission a "criminal offence", the top court said that despite the near-universal agreement on its ills , its commission and prevalence have been "sobering".
"Child marriage is the phenomenon of children being married before they attain the minimum legal age under the law," the Supreme Court said.
"The Prohibition of Child Marriage (Amending) Bill 2021 was introduced in Parliament on December 21, 2021. The Bill was referred for 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. The issue, therefore, is pending consideration before Parliament," the PTI report quoted the bench.
Observing the term child marriage was an "oxymoron", the bench said, "A child implies a person whose capacity to make legal decisions is not fully developed"
"On the other hand, marriage is an institution with legal standing… Marriage dictates the framework rules of permissible and impermissible social behaviours. However, a child is incapable of understanding the broad and serious obligations expected from members of a marital union,” the apex court added.