The apex court asked the Ministry of Women and Child Development to collate data from the states on the issue and submit a report.
Supreme Court of India
The Supreme Court has asked the Ministry of Women and Child Development to file a status report on the steps taken to implement the provisions of the Prohibition of Child Marriage Act, 2006 and the action taken against the violators.
A bench of Chief Justice D Y Chandrachud, Justice Pamidighantam Sri Narasimha and Justice J B Pardiwala asked the Ministry of Women and Child Development to collate data from the states on the issue and submit a report.
The bench also asked the government to file an updated status report on the number of child marriages performed in various States and the action taken.
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“The Union of India should also engage with the State governments in order to apprise the court on the compliance by States of the provision of Section 16(3) for the appointment of the child marriage Prohibition officer. The affidavit shall also clarify whether the officer so appointed or given other multifarious duties, the bench in its order on Thursday – April 13.
The direction from the top court came on a Public Interest Litigation (PIL) plea by an NGO – the Society for Enlightenment and Voluntary Action – which has contended that girls below 18 years of age are being married off despite child marriages being outlawed almost a century ago and a new law enacted in 2006.
The NGO has alleged that prohibition officers under the Prohibition of Child Marriages Act are not being appointed to enforce the ban because of which the practice is still prevalent.
Additional Solicitor General (ASG) Madhavi Divan, appearing for Centre, submitted that there was a Bill which was pending before the Standing Committee since 2021 as per which the age of women to get married was to be raised to 21 years.
Noting that the Bill would still not address the issue of implementation of the Prohibition of Child Marriage Act, the bench directed the Ministry of Women and Child Development to file a report on steps taken to enforce the provisions of the Prohibition of Child Marriage Act.
The court posted the matter for hearing in July 2023.
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