The Rajasthan High Court issued directives aimed at preventing child marriages in the state. Citing the Rajasthan Panchayati Raj Rules 1996, the court emphasized the duty of sarpanches to restrict child marriages. It directed the state to call for reports on investigations into past child marriages and to closely monitor a list annexed with a public interest litigation. The court instructed authorities to ensure no child marriages occur, warning sarpanches and panchayat members of legal responsibility under the Prohibition of Child Marriage Act 2006 if they fail to prevent such marriages.
Rajasthan: On 1st May: The Rajasthan High Court issued a directive to the State Government to ensure the prevention of child marriages in Rajasthan. The court emphasized that village heads and panchayat members would be held accountable if any such marriages were solemnized.
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This order comes just ahead of the Akshay Tritiya festival, which has historically seen a high incidence of child marriages in the state. The court’s decision was made in response to a Public Interest Litigation (PIL) seeking intervention to this illegal practice, which continues to occur despite the existence of the Prohibition of Child Marriage Act 2006.
While acknowledging the efforts made by authorities to reduce the prevalence of child marriages, the court highlighted the need for further action. The PIL presented a list of child marriages scheduled to take place in Rajasthan around the Akshay Tritiya festival. Citing the Rajasthan Panchayati Raj Rules 1996, the court emphasized the responsibility of sarpanchs (village heads) in preventing child marriages.
As an interim measure, the court ordered the State Government to provide a report on the steps taken to investigate and prevent child marriages and to closely monitor the list provided with the PIL.
The court emphasized the importance of sensitizing and informing sarpanchs and panchayat members about their responsibility in preventing child marriages. It warned that they would be held liable under Section 11 of the Prohibition of Child Marriage Act 2006 if they negligently failed to take action. By placing accountability on the local governance bodies, the court aims to strengthen the enforcement of laws against child marriages.
“As per the Rajasthan Panchayati Raj Rules 1996, a duty is cast upon the sarpanch to restrict child marriages. Thus, as an interim measure, we would direct the state to call for the report with regard to the investigation done to prevent child marriages that have taken place in the state and also to keep a hawk eye on the list that has been annexed with the public interest litigation.”
“The respondents should also ensure that no child marriages take place within the state. Sarpanch and panch should be sensitised and informed that they will be held responsible under Section 11 of the Prohibition of Child Marriage Act 2006 if they negligently fail to prevent child marriages from being solemnised.”
