Editorial

Bolstering child marriage prevention

The guidelines formulated by the Supreme Court for achieving the elimination of child marriage are comprehensive and have put the spotlight on the gaps in effective implementation of the PCMA, 2006.

Sentinel Digital Desk

The guidelines formulated by the Supreme Court for achieving the elimination of child marriage are comprehensive and have put the spotlight on the gaps in effective implementation of the Prevention of Child Marriage Act (PCMA), 2006. The apex court has held the view that despite progress in awareness campaigns, there is still a pressing need to enhance accountability mechanisms, ensure mandatory reporting, and rehabilitate minors affected by child marriages. It says that further attention is required to make the legal framework more effective by addressing loopholes and ensuring swift action against offenders, particularly in areas with high child marriage prevalence. The SC guidelines emphasise a multidimensional approach and multisectoral coordination to prevent child marriage. It insists that the aim of the law enforcement machinery must not be solely focused on increasing prosecutions without making the best efforts to prevent and prohibit child marriage. The focus on penalisation reflects a harms-based approach that waits for harm to occur before taking any steps. The court held that this approach has proven to be ineffective at bringing about social change. The guidelines set specific directions for bridging a critical gap in child marriage prevention—the lack of a Child Marriage Prohibition Officer (CMPO) at the district level. These include not burdening the CMPOs with additional duties that could impede their focus on preventing child marriage; CMPOs submitting a request to the Department of Women and Child Development if they lack necessary resources so safely and comprehensively fulfil their function and the department addressing it within three months; and states uploading quarterly reports submitted by CMPOs disclosing in detail the steps taken to prevent child marriages and the outcomes of investigations on official websites. Through the guidelines, the SC directed the Ministry of Women and Child Development to execute mandatory training refreshers for CMPOs every six months to ensure that all personnel are updated on: legal changes relevant to child marriage prevention; best practices and effective strategies for combating child marriage; and community engagement techniques to foster collaboration with local stakeholders. The Assam government designated all Gram Panchyat Secretaries as CMPOs, empowering them to lodge a First Information Report to police under “The Protection of Children from Sexual Offences Act, 2012” (as amended in 2019) or under “The Prohibition of Child Marriage Act, 2006. This move helped the state government intensify the crackdown against those involved in child marriage. Chief Minister Himanta Biswa Sarma went on record, stating that a survey by a national NGO has revealed a 64% drop in teenage pregnancy over the last two years because of the rigorous mission of his government to end child marriage in the state. Refresher training of these CMPOs as recommended by the SC will bolster the efforts of the state government and will help spread awareness against child marriage in rural Assam and reduce teenage pregnancy to zero. The Nijut Moina Scheme launched by the State Government to delay child marriage by supporting 10 lakh girl students with financial assistance from higher secondary to postgraduate level to increase enrolment and continuance of higher education. The SC, through its guidelines, has directed the Ministry of Women and Child Development to consider the viability of implementing comprehensive educational incentive programs specifically targeted at girls at risk of child marriage, such as providing scholarships to girls for secondary and higher education to encourage families to prioritise education over early marriage; offering stipends or financial support for families with daughters who remain in school beyond the age of fifteen as a tangible incentive for delaying marriage; and creating mentorship programs that connect at-risk girls with role models who have successfully pursued education and career opportunities. The universal approach of the state government targeting one million girls will ensure that all those girls at risk of child marriage are comprehensively covered. The state government must be commended for the significant achievement, and the SC guidelines will help it consolidate the gains by taking other measures suggested by the apex court. Harping on the success of the open defecation-free village model under the Swachh Bharat Mission, the guidelines pushed for adoption of the “Child Marriage Free Village Initiative,” encouraging panchayats and community leaders to play an active role in preventing and reporting child marriages and mobilising local communities to collectively discourage child marriages, with the involvement of panchayats in monitoring and promoting "Child Marriage Free" certifications for villages and gram panchayats. The apex court has requested the Ministry of Women and Child Development to consider the viability of providing compensation to girls who opt out of marriage upon reaching the age of majority, equivalent to that provided to rape victims, for ensuring adequate support for those who have escaped child marriage. The SC guidelines are comprehensive, and ensuring timely implementation of the directions and recommendations is crucial to ending child marriage in India.