“Marrying in childhood has the effect of objectifying the child,” the bench said.
New Delhi:
In a significant decision, the Supreme Court of India has taken decisive steps to combat the serious issue of child marriage in the country. The court emphasizes that marrying young children strips them of their rights, freedom, and the joy of childhood. This verdict comes as part of efforts to implement the Prohibition of Child Marriage Act, which was established in 2006.
Supreme Court Urges Action Against Child Marriage
During a recent hearing, Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, stressed the urgent need for better enforcement of laws against child marriage. They pointed out that despite the existence of legislation, child marriage rates remain concerning in India.
Dedicated Child Marriage Prohibition Officers Needed
The Supreme Court directed state and Union Territory governments to assign specific officers at the district level to focus on preventing child marriages. The court made it clear that these Child Marriage Prohibition Officers (CMPOs) should not be burdened with other responsibilities that might distract them from their crucial work.
“These officers must connect with the community and work closely with local organizations to understand the factors leading to child marriages,” the justices mentioned. The court highlighted that appointing proper CMPOs is vital and should not just be a ceremonial action.
Strengthening the Efforts to Eliminate Child Marriages
As part of the ruling, the Supreme Court ordered that each district must have exclusive CMPOs. Additionally, existing officers who might have other roles should not be tasked with this duty unless they can prove that the rate of child marriages has significantly dropped.
The court acknowledged that local district officers, such as collectors and police superintendents, should actively work to stop child marriages in their regions. They have been granted the authority to prosecute anyone who facilitates or conducts these illegal marriages, ensuring that the law is rigorously enforced.
Magistrates Take a Stand
The Supreme Court also called on magistrates across India to be proactive. They were encouraged to issue orders to prevent child marriages, especially during certain cultural events known for large wedding ceremonies. If they receive credible information or even have suspicions about a child marriage, magistrates should use their powers to stop it.
Introducing Fast-Track Courts
To speed up justice for victims, the court suggested that the Union government should think about setting up special fast-track courts for child marriage cases. This could help prevent delays in legal proceedings, which can cause further distress for affected children.
A Portal for Reporting and Support
Another significant recommendation was to create an online portal for reporting child marriage incidents. This platform would allow anonymous reports, enabling victims and concerned citizens to easily report issues and seek help. The portal would also serve as a centralized space for collecting data about child marriages, aiding targeted interventions.
Compensation for Affected Girls
In a compassionate move, the Supreme Court proposed that the Ministry of Women and Child Development consider compensating girls who decide to leave marriages upon turning 18. This compensation would be comparable to what is given to victims of sexual assault, ensuring support for those escaping the grips of child marriage.
A Call for Further Accountability
In its extensive 141-page judgment, the court acknowledged the progress made through awareness programs. However, it pointed out the pressing need for better accountability systems, mandatory reporting, and rehabilitation for minors affected by child marriages. The court highlighted that early marriages deprive children not only of their childhood but also place undue burdens on them at a young age.
The Broader Impact of Child Marriage
Both boys and girls suffer due to the reality of forced marriages. Girls are denied a proper childhood, often finding themselves under the control of their husbands and in-laws. Meanwhile, boys face pressures to become providers for their families at an age when they should still be children. The court’s verdict underscored that child marriage objectifies young children, putting them in mature roles for which they are not prepared.
Community Involvement is Key
Ultimately, the Supreme Court’s decision serves as a strong message that child marriage will not be tolerated. Implementation of these measures requires community involvement, engagement, and a commitment to changing outdated traditions that harm children.
The judicial system is stepping up to protect the rights of children, and now it’s crucial for society to unite in this effort. Educating communities about the adverse effects of child marriage and advocating for the empowerment of children is essential to building a future where every child has the right to enjoy their childhood fully.
This landmark ruling could signal a turning point in the ongoing battle against child marriage in India. With dedicated officers, community engagement, legal enforcement, and strong support structures, we could see a future where children are protected and empowered to live their lives free from the constraints of child marriage.
