PIL in HC seeks implementation of child marriage prevention act

The petition has also sought formulation of a system to rescue such victims, cancel the marriages and take penal action against parents to stop this child marriage menace

Mumbai A public interest litigation (PIL) has been filed in the Bombay high court (HC), seeking directions to the state government to formulate rules for the implementation of the Prohibition of Child Marriage Act, 2006, as the enactment didn’t come in force for want of rules.

The PIL filed by activists from different parts of the state through advocates Asim Sarode and Ajinkya Udane, has highlighted the fact that due to the absence of rules, not only do the victims suffer, but the officers of the Child Welfare Committee (CWC) are also not held accountable (HT File)

The petition has claimed that in the absence of rules, almost one lakh child marriages were taking place every year in the state. The petition has also sought formulation of a system to rescue such victims, cancel the marriages and take penal action against parents to stop this menace.

The petition further said that the state Women and Child Welfare department claimed that there were no child marriages between the years 2016 and 2019. Meanwhile, there are reports available through FIRs and complaints of many such incidences in tribal belts and backward regions of the state. It demanded an urgent formulation of rules for the implementation of the 2006 Act.

The PIL filed by activists from different parts of the state through advocates Asim Sarode and Ajinkya Udane, has highlighted the fact that due to the absence of rules, not only do the victims suffer, but the officers of the Child Welfare Committee (CWC) are also not held accountable.

The petition stated that rather than taking any action against the minor’s parents or in-laws, the police asked them to refrain from physically abusing the minor and brushed the matter under the carpet. Thereafter, the minor was subjected to further abuse, which made her ran away, only to be further abused and getting pregnant. Only after she was admitted to a district hospital, did her ordeal end.

In light of the incident and data collected through queries under the Right to Information (RTI) Act, the petition states that it has come to light that the police are usually reluctant to take action and, in some instances, don’t want to intervene as they do not want to disrupt the customary practices of the people of the locality.

The claim in the petition about child marriages abounding in the state has been corroborated by the state government in the PIL related to malnutrition deaths in tribal areas. While admitting to the same, the state government had informed the bench of chief justice Dipnakar Datta and justice Makarand Karnik that steps were being taken to create awareness of the pitfalls of child marriages among the tribal belts and backward sections of the society.

Advocate general Ashutosh Kumbhakoni had submitted that the anganwadi and healthcare workers in the tribal belts were trained to deal with not only malnutrition cases but also counsel the parents and deter them from marrying their children off at an early age.