Supreme Court directs effective implementation of Prohibition of Child Marriage Act

New Delhi: Issuing a slew of directions for effective implementation of the Prohibition of Child Marriage Act, 2006, the Supreme Court on Friday said that child marriage deprives children of their agency, autonomy, and right to fully develop and enjoy their childhood. 

A bench, headed by CJI D.Y. Chandrachud, ordered the state and Union Territory governments to appoint officers solely responsible for discharging the functions of Child Marriage Prohibition Officers (CMPOs) at the district level.

“These officers should not be burdened with additional duties that could impede their focus on preventing child marriage,” the bench said.

The bench, also comprising Justices J.B. Pardiwala and Manoj Misra, was dealing with a public interest litigation (PIL) raising the grievance that the rate of child marriages in India is alarming despite the enactment of the 2006 Act. The PIL highlighted the practice of appointing an officer with multifarious duties as the CMPO impeded the effectiveness of child marriage prevention measures.

In its judgment, the SC noted: “The appointment of CMPOs is not a mere statutory formality as part of an ornate virtue signalling. An effective CMPO must make efforts to find their roots in the community, engage with communities and organisations in the area and carry out the painstaking, and sometimes thankless, task of reporting specific factors affecting child marriages in the district.”

It ordered, that given the significant obligations expected to be discharged by a dedicated CMPO, no officer with other responsibilities should be appointed to the post.

“States or UTs shall appoint exclusive CMPOs in each district in addition to any CMPOs already serving in a dual capacity, and they shall equip these officers with adequate resources for the effective discharge of their functions,” it said.

The apex court said that a state government or UT administration may file an application before it seeking permission to appoint a CMPO who also holds other duties if instances of child marriage have decreased to the extent that appointing exclusive CMPOs is no longer necessary.

The PIL filed before the Supreme Court had sought stronger enforcement mechanisms, awareness programmes, and comprehensive support systems for child brides to ensure the protection and welfare of vulnerable minors.

In its judgment, the SC said that the Collectors and Superintendents of Police in each district across India will also be responsible for actively preventing child marriages within their districts.

“They 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,” it added. (IANS)

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