In a pathbreaking judgment, the Supreme Court sought to lend a hand to consolidate the Prohibition of Child Marriage Act of 2006, highlighting how child marriage infringed upon the rights of a child to health and development. A three-judge bench headed by Chief Justice DY Chandrachud said child marriage denies children their choice, autonomy, and childhood altogether.
The bench, comprising Justices JB Pardiwala and Manoj Misra, ordered both the state and Union Territory governments to appoint dedicated CMPOs at the district level only to prevent child marriage, not to burden them with additional work.
While addressing a public interest litigation filed by the petitioner, pointing out the alarming rates of child marriages in many parts of the state, the court underlined that the appointment of CMPOs should not become a formality. An effective CMPO should intervene at the local level and investigate reasons that promote child marriage.
The Supreme Court directed the appointment of one CMPO at each district level, with adequate infrastructural setup to discharge work efficiently. It also assigned collectors and superintendents of police to effectively inhibit child marriage, which includes the empowerment for taking action against those who perpetrate marriages.
Besides that, the magistrates were advised to issue suo motu injunctions to prevent child marriages, especially during the auspicious days when mass weddings were to be solemnized. The court has set up fast-track courts to hear the cases relating to child marriage to avoid keeping the case pending, which causes damage to the children concerned.
The Supreme Court, while pronouncing an elaborate judgment, ordered more accountability, mandatory reporting, and rehabilitation for minors affected by child marriages. It made a clear reference to the fact that both boys and girls suffer on account of early marriage as the responsibilities of adults are attached to children who are not prepared for them.
