SC frames guidelines on prevention of child marriages
This story was originally published at 17:42 IST on 18 October 2024
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NEW DELHI – The Supreme Court on Friday framed guidelines for eliminating child marriages in the country and asked state governments to appoint officers solely responsible for discharging the functions of child marriage prohibition officers at the district level.
A bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra said these officers should not be burdened with additional duties that could impede their focus on preventing child marriages.
In its guidelines, the apex court said district collectors and superintendents of police should also be responsible for actively preventing child marriages within their districts. They should have the authority and responsibility to prosecute all individuals who facilitate or solemnise child marriages, the court said.
The court asked the state governments and the Union territories to constitute state-level and district-level special child marriage prohibition units and asked them to consider the viability of integrating the special juvenile police into the child marriage prevention framework.
The top court, however, refused to pass any order regarding the conflict of personal laws with the Prohibition of Child Marriage Act 2006, saying that the Prohibition of Child Marriage (Amendment) Bill seeks to give the overriding effect of the law over various personal laws.
The court was hearing a petition by the non-government organisation Society for Enlightenment and Voluntary Action seeking to address the failure of authorities to prevent child marriages. The petitioners said despite the law, the rate of child marriages in India was alarming and sought stronger mechanisms to prevent child marriages.
The court also suggested that Parliament consider passing a law to make child betrothals illegal. While the Prohibition of Child Marriage Act prohibited child marriages, it did not stipulate on betrothals, the court said. End
Reported by Surya Tripathi
Edited by Saji George Titus
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