Create specialised police unit to prevent child marriages: Supreme Court

In a landmark decision, the Supreme Court of India on Friday issued a series of directives to the Central and state governments to eradicate the “social evil” of child marriages. The apex court ordered the creation of a specialised police unit to prevent and address child marriages across the country, marking a significant step in tackling the issue.

A Bench led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, described child marriage as a criminal offence and a “social evil” that continues to persist despite near-universal condemnation. “Child marriage is the phenomenon of children being married before they attain the minimum legal age under the law,” the Bench stated.

Recognising the widespread occurrence of child marriages, the Bench issued multiple guidelines to various stakeholders, ordering the appointment of Child Marriage Prohibition Officers (CMPO) at the district level across India. These officers will be solely responsible for preventing child marriages, enforcing the laws and protecting affected children.

One of the key measures outlined by the court was the establishment of a specialised police unit dedicated to preventing child marriages. “Recognising the sensitivity and unique aspects of child marriage cases, a specialised police unit is deemed essential,” the Bench said. It recommended that the Ministries of Home Affairs in the states integrate the Special Juvenile Police Unit (SJPU) into the child marriage prevention framework to enhance enforcement.

To ensure strict enforcement, the court directed the ministries of Women and Child Development and Home Affairs in all states and Union Territories to conduct quarterly performance reviews of CMPOs and law enforcement agencies. These reviews will assess the effectiveness of prevention initiatives.

Need legislative reform

The SC also called attention to the pending Prohibition of Child Marriage (Amending) Bill 2021, which is under consideration in Parliament. It suggested that lawmakers should consider outlawing child betrothals, which are often used to evade penalties under the Prohibition of Child Marriage Act. “While a betrothed child may be protected as a child in need of care and protection under the Juvenile Justice (JJ) Act, the practice requires targeted remedies for its elimination,” the Bench noted.

One-third of world’s child brides in India

• According to United Nations International Children’s Emergency Fund, one-third of the world’s child brides live in India
• Nearly 23 per cent of young women in India were married before their 18th birthday
• The five states with the highest numbers of child brides include Uttar Pradesh, Bihar, West Bengal, Maharashtra and Madhya Pradesh
• Uttar Pradesh alone accounts for the largest number of child brides in the country