Chief Justice of India, DY Chandrachud, emphasized that child marriage robs children of their agency, autonomy, and the right to fully develop and enjoy their childhood. He highlighted how this practice strips them of the freedom to make choices about their own lives and futures. The CJI called for stronger measures to prevent child marriage, ensuring that every child can grow up with dignity, protection, and opportunities.
New Delhi: Issuing several directives to ensure the effective implementation of the Prohibition of Child Marriage Act, 2006, the Supreme Court emphasized on Friday that child marriage robs children of their “agency, autonomy, and right to fully develop and enjoy their childhood.”
A bench led by Chief Justice DY Chandrachud instructed state and Union Territory governments to appoint dedicated officers at the district level to carry out the responsibilities of Child Marriage Prohibition Officers (CMPOs).
Read Also: “Child Marriage Prevention Law Can’t Be Limited by Personal Laws”: CJI D.Y. Chandrachud
The bench stated,
“These officers should not be burdened with additional duties that could impede their focus on preventing child marriage,”
The bench, which also included Justices JB Pardiwala and Manoj Misra, addressing a public interest litigation (PIL) that expressed concern over the alarming rate of child marriages in India, despite the Prohibition of Child Marriage Act, 2006. The PIL pointed out that appointing officers with multiple responsibilities as Child Marriage Prohibition Officers (CMPOs) hindered the effectiveness of measures to prevent child marriages.
In its ruling, the Supreme Court emphasized,
“The appointment of CMPOs is not merely a statutory formality or an exercise in virtue signalling. An effective CMPO must build connections within the community, collaborate with local organizations, and take on the challenging, and often thankless, task of identifying and addressing the specific factors driving child marriages in their district.”
The Court ordered that, given the significant responsibilities assigned to CMPOs, no officer with other duties should be appointed to this role.
The Court stated,
“States and Union Territories shall appoint exclusive CMPOs in each district, in addition to any CMPOs currently serving in dual capacities, and ensure they are provided with sufficient resources to carry out their duties effectively,”
The Supreme Court also noted that a state government or UT administration may request permission to appoint a CMPO with additional responsibilities if the incidence of child marriages in the area has decreased to the point where exclusive CMPOs are no longer required.
The PIL called for stronger enforcement mechanisms, awareness campaigns, and comprehensive support systems for child brides to protect and safeguard vulnerable minors. The court, in its judgment, also assigned district collectors and superintendents of police across India the responsibility of actively preventing child marriages in their respective districts.
The Supreme Court stated,
“Child Marriage Prohibition Officers (CMPOs) shall have the authority and responsibility to prosecute all individuals who facilitate or solemnise child marriages, including those who knowingly assist, promote, or bless such marriages, even if reported in public events or media.”
Additionally, the Court suggested that state governments explore the possibility of integrating the Special Juvenile Police Unit into the child marriage prevention framework to handle such cases. It directed all magistrates to take proactive steps, including issuing suo motu injunctions to prevent child marriages.
The judgment stated,
“Magistrates are encouraged to particularly focus on ‘auspicious days’ known for mass weddings, when child marriages are more frequent. Upon receiving credible information or even suspicion, Magistrates should exercise their judicial authority to prevent these marriages and ensure child protection,”
The Court also urged the Union government, in coordination with state governments, to explore the feasibility of establishing special fast-track courts dedicated to handling child marriage cases.
It added,
“These courts will expedite proceedings, thereby preventing the prolonged delays that often result in further harm to the affected children,”
The Court directed the Union Ministry of Home Affairs, along with the Ministry of Women and Child Development and the National Legal Services Authority (NALSA), to create a dedicated online portal for reporting child marriages.
The Court explained,
“This portal should allow for anonymous reporting, enabling victims and concerned citizens to file complaints and access support services, while also serving as a centralized platform for data collection and analysis to inform targeted interventions,”
Furthermore, the Court recommended that the Ministry of Women and Child Development assess the viability of providing compensation to girls who opt out of child marriages upon reaching adulthood, under the NALSA Victim Compensation Scheme or State Victim Compensation Schemes.
It said,
“This compensation should be equivalent to that awarded to rape victims, ensuring adequate support for those who have escaped child marriages,”
In its comprehensive 141-page judgment, the Supreme Court emphasized the need for stronger accountability mechanisms, mandatory reporting, and rehabilitation for minors affected by child marriage.
It noted that girls married early are deprived of their childhood and left vulnerable to the control of their marital families, while boys face premature responsibilities and pressure to provide for their families.
The judgment concluded,
“Both genders are negatively impacted by forced and early marriages. Child marriage objectifies children and imposes adult responsibilities on those who are not physically or mentally ready to grasp the meaning of marriage,”
The Supreme Court’s firm stance on this issue is a critical step toward protecting vulnerable children and ensuring their rights are upheld. Holding district authorities accountable adds a much-needed layer of enforcement, but real change also requires addressing the cultural, social, and economic factors that drive child marriages in the first place.
Appointment and Accountability of Child Marriage Prohibition Officers (CMPOs)
Child Marriage Prohibition Officers (CMPOs) play a crucial role in preventing child marriages, and it is vital that they focus exclusively on this responsibility. Any additional duties may hinder their effectiveness in tackling this critical issue. CMPOs must be empowered to focus solely on their duties related to child marriage to ensure their maximum efficiency.
District-Level Responsibility
The responsibility for preventing child marriages should fall heavily on district authorities, particularly Collectors and Magistrates. Their role is to lead prevention efforts and oversee the enforcement of laws designed to stop child marriages. The authorities must ensure swift action on child marriage cases and hold CMPOs accountable if they fail to perform their duties. This accountability ensures that the system functions effectively and that no case goes unnoticed.
Specialized Police Units
A dedicated police unit should be established to handle child marriage cases. This unit would work closely with CMPOs to prevent marriages and ensure the timely investigation and prosecution of offenders. Collaboration between these units would enhance the ability to prevent illegal marriages and enforce the law efficiently.
Special Child Marriage Prohibition Unit
In regions with a high prevalence of child marriages, specialized units should be set up to monitor, report, and intervene in these cases. These units would work in collaboration with NGOs and community leaders to track and prevent child marriages in real time. By involving key community figures, such as local leaders and influencers, child marriages can be addressed at the grassroots level.
Code of Conduct for Local Officers
A clear code of conduct must be developed for local officers, including CMPOs and the police, outlining their responsibilities and guidelines for proactive intervention. This code would ensure that officers are fully aware of their duties and are held accountable for any negligence.
Judicial Measures to Combat Child Marriage
“Empowering Magistrates to take suo motu action” and issue preventive injunctions against the solemnization of child marriages is a crucial judicial measure. Magistrates must have the authority to act on their initiative to prevent illegal marriages.
The establishment of “Special Child Marriage Courts” is also recommended. These courts would focus exclusively on child marriage cases and fast-track proceedings to ensure swift justice. Delays in justice can further harm minors, making the speedy resolution of cases essential.
Accountability for Public Servants
The courts have emphasized that “Mandatory action against neglectful public servants” is critical. Disciplinary and legal measures must be taken against any public servant found deliberately neglecting their duties in child marriage cases.
Community Involvement in Preventing Child Marriage
States and Union Territories (UTs) are encouraged to develop “Annual Action Plans” with key performance indicators (KPIs) tailored to local cultural and social factors. These plans should aim to address specific community beliefs and practices linked to child marriage. Community-centric capacity-building initiatives, including regular seminars, workshops, and orientation programs for stakeholders, are vital in fostering collaboration to prevent child marriages.
The adoption of the “Child Marriage Free Village” initiative, inspired by the “Open Defecation Free Village” model, is another recommended strategy. This initiative would mobilize local communities, particularly through the involvement of panchayats, to discourage child marriages collectively.
Awareness Campaigns to Tackle Child Marriage
Public awareness campaigns should be a focal point in combating child marriage. “Government agencies should work with NGOs and media outlets” to raise awareness about the detrimental effects of child marriage on girls’ education, health, and rights. Targeting rural and economically backward areas, where child marriages are more prevalent, is essential to the success of these campaigns.
Training and Capacity Building for Stakeholders
States and UTs should provide specialized training to community health workers, educators, and law enforcement officers. “Training for law enforcement and judicial officers” is particularly important, focusing on the legal aspects of child marriage laws, child rights, and sensitivity towards cases involving minors. This training should extend to teachers and school administrators to help them recognize potential child marriage signs and engage with students about their rights.
Local leaders and community influencers must also receive training to understand their pivotal role in preventing child marriages. “Empowerment of local leaders and community influencers” is key to driving change at the grassroots level.
Educational and Social Support Programs
The Ministry of Women and Child Development is urged to consider comprehensive “Educational incentives and scholarships” to discourage child marriages by supporting girls’ education. Additionally, social welfare programs should be developed to assist families facing socio-economic pressures that lead to child marriages.
Monitoring and Accountability Measures
To ensure the effectiveness of these initiatives, the “Development of Standard Operating Procedures” (SOPs) by the National Legal Services Authority (NALSA) is critical. These SOPs would provide detailed guidelines for legal support services, prevention measures, and rehabilitation plans for child marriage victims.
Local leaders, including panchayat members and sarpanchs, must undergo training within three months on child marriage prevention. They are required to report any suspected child marriages within “48 hours of awareness” and participate actively in community awareness programs. “Individual care plans for at-risk girls” should also be developed, ensuring tailored rehabilitation for children in need.
Technology-Driven Initiatives
The establishment of a “Centralized Reporting Portal” is recommended to enable the online reporting of child marriages. Additionally, each State and UT should work towards disseminating information about child marriage prevention through various media channels, focusing on regions with high incidences of child marriages.
Tracking school attendance through “Technology-driven monitoring” is another suggested measure, ensuring that girls continue their education and are less susceptible to early marriage pressures.
Funding and Resources
A “Dedicated Annual Budget Allocation” is recommended for each State to support child marriage prevention and assist affected individuals. Furthermore, the institutionalization of the “Juvenile Justice Fund” would provide financial assistance in the form of scholarships for girls at risk of child marriage.
The Ministry of Women and Child Development should also consider the possibility of offering “Compensation for girls opting out of marriage” under victim compensation schemes, encouraging young women to make informed decisions about their futures.
Conclusion
The fight against child marriage requires coordinated efforts across various sectors, including law enforcement, judiciary, local communities, and government bodies. By enforcing accountability, empowering communities, and leveraging technology, India can take significant strides in eradicating child marriages and protecting the rights of young girls.
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