Supreme
Court of India Examines Measures to Strengthen Implementation of Prohibition of
Child Marriage Act
New Delhi: The Supreme Court of India is
currently deliberating on strategic measures to effectively implement the
Prohibition of Child Marriage Act and address the enduring issue of child
marriages across the nation. The apex court's initiative arises from concerns
regarding the efficacy of existing awareness programs and emphasizes the
necessity for ground-level interventions to combat this social malaise.
Persistent Challenge of Child Marriage in
India
Despite legislative prohibitions and
numerous governmental initiatives, child marriage continues to be a formidable
challenge in India. This practice infringes on the rights of children,
perpetuates cycles of poverty, restricts educational opportunities, and poses
significant health risks, particularly for young girls.
Key
Highlights from the Supreme Court Hearing
Effectiveness of Awareness Programs
Questioned
Chief Justice of India DY Chandrachud
pointed out that awareness programs and lectures alone do not yield substantial
changes at the ground level, underscoring the need for more robust and
practical approaches.
Social-Level
Interventions
The court stressed the importance of
tackling child marriage at a social level, recognizing the complex
socio-cultural factors that sustain this practice.
Data
Collection and Analysis Mandated
The Supreme Court directed the Union
government to gather and present data on the prevalence and nature of child
marriages across states, steps taken under the Prohibition of Child Marriage
Act 2006, and the appointment and effectiveness of Child Marriage Prohibition
Officers.
Current Status and Government Initiatives
Statistical
Insights
Additional Solicitor General Aishwarya
Bhati reported a 50% reduction in child marriages since 2006-07, from 47% to
23%. However, states such as Andhra Pradesh, Assam, Gujarat, Karnataka,
Maharashtra, Tamil Nadu, and Telangana continue to report high numbers. Certain
states/UTs reported zero cases, raising questions about the accuracy of
reporting mechanisms.
Government
Programs
The Union government cited several
initiatives aimed at curbing child marriage and empowering young girls,
including Beti Bachao Beti Padhao, Sukanya Samridhi Yojana, and Pradhan Mantri
Awas Yojana, among others.
Challenges in Implementation
Additional
Responsibilities for Officials
The practice of assigning additional
charges to District Magistrates and other local officials to handle child
marriage cases raises concerns about their capacity to focus adequately on this
issue.
Need
for Dedicated Officers
Petitioners argued that the scale of the
problem necessitates dedicated Child Marriage Protection Officers, as opposed
to overburdening existing officials with additional duties.
Lack
of Comprehensive Data
The court noted the absence of detailed
data on FIR outcomes in child marriage cases, including conviction rates, which
hampers the assessment of legal interventions' effectiveness.
Proposed Solutions
The Supreme Court has called for concrete
suggestions from both the petitioners and the government. Proposed measures
include judicial interventions, involvement of legal services authorities,
thorough evaluation of existing schemes, enhanced data collection,
community-based approaches, economic empowerment initiatives, and improved
education systems.
Leveraging Technology
The potential of technology in combating
child marriage was also highlighted, with suggestions such as digital reporting
systems, data analytics, mobile apps for awareness, online training modules,
and blockchain for age verification.
Global
Context and Economic Impact
India's efforts to eliminate child marriage
align with international commitments and the Sustainable Development Goals
(SDGs). Ending child marriage could also yield significant economic benefits,
including increased workforce participation, reduced healthcare costs, improved
productivity, and breaking the cycle of poverty.
Role of Civil Society and NGOs
The involvement of civil society
organizations and NGOs remains vital, providing grassroots interventions, advocacy,
support for government efforts, and independent monitoring and evaluation.
Conclusion
The Supreme Court's deliberations represent
a potential turning point in India's fight against child marriage. Emphasizing
actionable measures and social-level change, the court is paving the way for a
comprehensive and effective approach. The forthcoming months will be crucial as
the court finalizes its judgment and directives, requiring concerted efforts
from all stakeholders to achieve meaningful progress in eradicating child
marriage in India.
