In a significant move toward strengthening child protection, the Supreme Court of India recently issued crucial directives to ensure effective implementation of the Prohibition of Child Marriage Act, 2006. Highlighting the devastating impact of child marriage, which strips children of their right to fully experience childhood and their autonomy, the Court emphasized the urgent need for dedicated efforts to eradicate this practice.
Supreme Court’s Key Directives on Child Marriage Prevention
A bench headed by Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, addressed a Public Interest Litigation (PIL) that expressed alarm over the persistent prevalence of child marriage in India. The PIL argued that the current approach—where Child Marriage Prohibition Officers (CMPOs) hold multiple roles—limits the effectiveness of their mission. The Supreme Court agreed, asserting that CMPOs must work solely on preventing child marriage.
The Court made it clear that appointing CMPOs shouldn’t be a “statutory formality.” Instead, these officers must build connections with communities, collaborate with local organizations, and diligently identify factors driving child marriage in their districts. These officers should be appointed with sufficient resources and without other duties that could detract from their primary mission.
Major Supreme Court Directives:
- Dedicated CMPOs in Each District: The Court directed state governments and Union Territories (UTs) to appoint exclusive CMPOs for each district, barring instances where child marriage rates have dropped so significantly that such dedicated officers are no longer necessary.
- Accountability of Collectors and Police Superintendents: District collectors and superintendents are now responsible for preventing child marriages. They are empowered to prosecute anyone who knowingly facilitates or blesses such marriages, ensuring that authorities maintain a strong stance against the practice.
- Magistrates’ Proactive Role: The Court instructed all magistrates to take preventive action against child marriages, especially on “auspicious days” known for mass weddings. Magistrates should leverage their judicial powers to stop any suspected child marriages and prioritize child protection.
- Integration of Special Juvenile Police Units: The Court advised states to assess the feasibility of integrating Special Juvenile Police Units with child marriage prevention efforts. This approach can better manage cases of child marriage and provide greater support to minors at risk.
- Fast-Track Courts: To expedite justice, the Supreme Court recommended the establishment of special fast-track courts dedicated to child marriage cases. Fast-tracking these cases will reduce prolonged court delays, which can cause additional trauma to affected children.
- An Online Portal for Reporting Child Marriages: In partnership with the Ministry of Women and Child Development and the National Legal Services Authority (NALSA), the Ministry of Home Affairs has been instructed to establish an online portal for reporting child marriages. This platform will support anonymous reporting and provide users access to essential support services.
- Compensation for Escaped Child Brides: To provide financial support for girls who avoid or escape child marriage, the Court suggested that the Ministry of Women and Child Development consider compensating them under the NALSA Victim Compensation Scheme or State Victim Compensation Schemes. This compensation should be on par with that offered to rape survivors, ensuring that girls who avoid marriage have the resources to rebuild their lives.
Addressing the Harmful Impact of Child Marriage
The Court’s 141-page judgment emphasized that child marriage strips young boys and girls of their fundamental rights and subjects them to a lifetime of challenges. Young girls are often thrust into households where they lack protection and face increased vulnerability. Boys, on the other hand, are pressured into financial responsibility and maturity far beyond their years. Both are forced into roles they are not equipped to handle, making child marriage a destructive practice that affects children’s physical and mental well-being.
Moving Toward a Child Marriage-Free India
Despite awareness campaigns and social reforms, child marriage remains a significant issue across India. The Supreme Court’s directives underscore the importance of accountability, mandatory reporting, and dedicated rehabilitation for minors affected by child marriages. These measures reflect a comprehensive approach that will require the cooperation of state governments, law enforcement, judiciary, and social organizations to be truly effective.
By enforcing these directives, India can take a meaningful step forward in protecting its youth and ensuring every child’s right to a safe, nurturing, and opportunity-filled childhood.
