'Prioritise Prevention, Prosecution Alone Ineffective To Bring Social Change' : Read Supreme Court's Guidelines Against Child Marriages

The Prohibition of Child Marriage Act, 2006 is a social legislation which requires a collective effort of all stakeholders for its success, said the Supreme Court, emphasising the need for community-driven strategies and more focus on prevention than prosecution.

The Court said that preventive strategies should therefore be tailored to address the root causes of child marriage, such as poverty, gender inequality, lack of education, and entrenched cultural practices.

With this view, a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra issued a set of guidelines to "prioritise prevention before protection and protection before penalisation."

"We are cognizant of the impact that criminalisation has on families and communities. To ensure effective use of penal provisions in the PCMA, it is imperative that there is widespread awareness and education about child marriage and the legal consequences of its commission," CJI DY Chandrachud wrote in the judgment.

The Court however clarified that it should be understood as discouraging prosecution of those who commit illegal acts. "However, the aim of the law enforcement machinery must not be solely focused on increasing prosecutions without making the best efforts to prevent and prohibit child marriage. The focus on penalisation reflects a harms- based approach which waits for a harm to occur before taking any steps. This approach has proven to be ineffective at bringing about social change," the Court said.

The guidelines were issued in a petition filed by NGO Society for Enlightenment and Voluntary Action.

The Court has directed that a copy of the judgment be transmitted to the Secretaries of all concerned Ministries, the Government of India which includes the Ministry of Home Affairs, Ministry of Women and Child Development, Ministry of Panchayati Raj, Ministry of Education, Ministry of Information and Broadcasting, Ministry of Rural Development, statutory authorities, institutions, and organizations under the control of the respective ministries.

The Ministry of Women and Child Development was directed to circulate this judgment to the Chief Secretaries/Administrators of all the States and Union Territories, as well as NALSA, and NCCPR for strict compliance with the directions.

The guidelines are the following :

A. Legal Enforcement

1. Appointment and accountability of Child Marriage Prevention Officers (CMPO)

1.1.State Governments and Union Territories (UTs) must appoint officers solely responsible for discharging the functions of CMPO at the district level. These officers should not be burdened with additional duties that could impede their focus on preventing child marriage;

1.2.If a CMPO believes that they lack the necessary resources to safely and comprehensively fulfil their functions, they must submit a request to the relevant State Ministry of Women and Child Development. The Ministry shall conduct an assessment and address the resource needs within three months of the date on which the request was made;

1.3.To enable personal accountability and ensure immediate preventive measures are taken against any planned solemnization of child marriages - each State and UT is directed to upload quarterly reports from CMPOs on their official websites. These reports should detail the steps taken to prevent child marriages and the outcomes of investigations;

1.4.The Ministry of Women and Child Development and Ministry of Home in each State/UT shall conduct quarterly performance reviews of CMPOs and law enforcement agencies to assess:

1.4.1. The effectiveness of child marriage prevention initiatives;

1.4.2. Response times and outcomes of reported case;

1.4.3. The level of cooperation and communication between CMPOs and local law enforcement agencies;

1.4.4. The engagement with communities and stakeholders in prevention efforts;

1.4.5. The status of CMPOs regarding deployment to additional duties, including the reasons for such assignments, to ensure that their primary focus on child marriage prevention is not compromised; and

1.4.6. Recommendations for improvements based on the assessments, including identifying areas requiring additional support or resources.

1.5.The Ministry of Women and Child Development is directed to execute mandatory training refreshers for CMPOs every six months. These refreshers will ensure that all personnel are updated on:

1.5.1. Legal changes relevant to child marriage prevention;

1.5.2. Best practices and effective strategies for combating child marriage;

1.5.3. Community engagement techniques to foster collaboration with local stakeholders;

1.5.4. Advocacy skills to effectively promote child rights and raise awareness about the negative impacts of child marriage;

1.5.5. Cultural sensitivity training to address the social factors contributing to child marriage, ensuring a nuanced understanding of local contexts and practices; and

1.5.6. Evaluation and reporting mechanisms to assess the effectiveness of their initiatives and adjust strategies accordingly.

2. District-Level Responsibility for Prevention of Child Marriages

2.1.In addition to the mandate of the CMPO under Section 16(3)(a) – the Collectors and Superintendents of Police in each district across India shall 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 solemnize child marriages, including those who knowingly assist, promote, or bless such marriages, even if reported in public events or media;

2.2.The CMPO, the Collectors and Superintendents of Police in each district shall inform the State Government about any impediments they encounter in the discharge of their functions, including but not limited to, social boycotts; and

2.3.Specific emphasis must be placed on preventing mass marriages, often conducted in public, where the participation of government or law enforcement officials could inadvertently lend legitimacy to child marriage ceremonies. Any failure by district authorities to act in accordance with this mandate will warrant immediate administrative action and disciplinary proceedings against the responsible officials.

3. Establishment of a Specialized Police Unit

3.1.Recognizing the sensitivity and unique aspects of child marriage cases, a specialized police unit is deemed essential. The State Ministries of Home Affairs shall consider the viability of integrating the Special Juvenile Police Unit into the child marriage prevention framework. The SJPU, already trained in handling juvenile and sensitive cases, shall be deployed to manage cases of child marriage;

3.2.The Ministry should evaluate the effectiveness of this integration and provide necessary resources and support to the SJPU for optimal performance in addressing child marriage issues;

3.3.The SJPU, supported by trained personnel and resources, will ensure that child marriage cases are handled with appropriate sensitivity and urgency. The unit shall work in coordination with CMPOs and district authorities to ensure swift preventive action and enforce legal accountability; and

3.4.The Ministry of Women and Child Development is directed to consider the viability and prescribe a format for the SJPUs to biannually report the following:

3.4.1. The outcomes of legal actions taken against perpetrators of child marriage, including any convictions or pending cases;

3.4.2. The number of awareness programs conducted and the community engagement efforts made to prevent child marriages;

3.4.3. The status of collaboration with local law enforcement and child protection agencies in addressing child marriage; and

3.4.4. Any challenges faced in the reporting period and recommendations for improving child marriage prevention efforts.

4. Establishment of a Special Child Marriage Prohibition Unit

4.1.The State Governments and UTs shall constitute a State Special Child Marriage Prohibition Unit and where there are more than one CMPOs in any district, a District level Special Child Marriage Prohibition Unit;

4.2.The Unit shall comprise of all the CMPOs of the State or the District, as the case may be, and shall include five social workers having experience of working against child marriage or on child rights. At least two of such social workers shall be women. All the CMPOs of the Unit shall be provided special training on dealing with child marriages;

4.3.The Units shall tailor courses and resources with the help of professionals dealing with the mental health concerns of the CMPOs. The Unit shall also provide forums for CMPOs to raise any difficulties or grievances they encounter in discharge of their functions, including but not limited to, any difficulty relating to social ostracization for preventing child marriages; and

4.4.The Unit shall act as a forum of sharing best practices, inviting trained professionals to dispense knowledge and collectivise and redress grievances.

B. Judicial Measures

1. Empowering Magistrates to Take Suo Moto Action and Issue Preventive Injunctions

1.1.All Magistrates vested with authority under Section 13 of the Prohibition of Child Marriage Act, 2006, are directed to take proactive measures, including issuing suo motu injunctions to prevent the solemnization of child marriages; and

1.2.Magistrates are encouraged to particularly focus on "auspicious days" known for mass weddings, when the occurrence of child marriages is notably high. Upon receiving credible information or even upon suspicion, Magistrates should use their judicial powers to halt such marriages and ensure child protection.

Exploration of Special Fast-Track Courts for Child Marriage Cases

2.1.The Union Government, in coordination with State Governments, is directed to assess the feasibility of establishing special fast-track courts exclusively to handle cases under the PCMA. These courts will expedite case proceedings, thereby preventing prolonged delays that often lead to additional harm for the affected children; and

2.2.A status report on the establishment, resource allocation, and potential effectiveness of these fast-track courts shall be submitted to this Court within a year from now onwards.

3. Mandatory Action Against Neglectful Public Servants

3.1.It is directed that strict disciplinary and legal action be taken against any public servant found to be in deliberate neglect of duty concerning child marriage cases within their jurisdiction. As stipulated under Section 199(C) of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, public officials who fail to act in child marriage cases, particularly those with knowledge of imminent marriages, shall be subject to stringent punishment. This direction is aimed at reinforcing accountability among public officials and ensuring that child marriage cases receive immediate and appropriate action at all administrative and enforcement levels.

C. Community Involvement

1. Annual Action Plans and Community-Centric Capacity Building

1.1.Each State and UTs is directed to develop an Annual Action Plan to prevent child marriages, incorporating Key Performance Indicators (KPIs) that reflect local cultural and social contexts. This plan should include measurable goals tailored to address community-specific beliefs and practices related to child marriage; and

1.2.States and UTs shall incorporate regular orientation programs, seminars, and workshops in their annual schedules aimed at building the capacity of all stakeholders. These initiatives should target CMPOs, Gram Panchayat or Municipality office holders, government officials, school principals and teachers, representatives of non-governmental organizations, local representatives, and Para Legal Volunteers (PLVs), fostering a collaborative approach to child marriage prevention.

2. Adoption of the Child Marriage Free Village Initiative

2.1.Inspired by the "Open Defecation Free Village" model under the Swachh Bharat Mission, a “Child Marriage Free Village” initiative should be launched, encouraging Panchayats and community leaders to play an active role in preventing and reporting child marriages; and

2.2.This initiative will mobilize local communities to collectively discourage child marriages, with the involvement of Panchayats in monitoring and promoting "Child Marriage Free" certifications for villages and Gram Panchayats. This designation should be publicly celebrated to reinforce a culture where the rights and well-being of children are paramount.

D. Awareness Campaigns

1. Awareness Campaigns Led by CMPOs in Schools, Religious Institutions, and Panchayats

1.1.CMPOs are directed to conduct regular, structured awareness campaigns across schools, religious institutions, and Panchayats. These campaigns must include impactful hoardings and slogans in local languages that highlight the legal penalties for child marriage, health risks associated with early and forced marriages, and their socio-economic consequences; and

1.2.Schools and local institutions must conduct monthly informational sessions, leveraging creative methods like plays, storytelling, and interactive sessions to engage young people on the topic of child marriage prevention, emphasizing gender equality, reproductive rights, and personal agency.

2. Comprehensive Sexuality and Rights Education

2.1.All States and Union Territories are directed to integrate comprehensive sexuality education275 into school curricula in line with the framework prescribed by the World Health Organisation276 and leading thoughts in the field of CSE. This education must include clear information on the legal aspects of child marriage, gender equality, reproductive health rights, and the impacts of child marriage on physical and mental well-being; and

2.2.Educational content should be tailored for age-appropriateness and be culturally sensitive, with particular emphasis on empowering students with knowledge of their legal rights, the importance of delaying marriage, and understanding of sexual and reproductive health.

3. Educational Materials and Community Awareness Tools

3.1.Schools in regions where child marriage prevails must include information on child marriage prevention within the curriculum, with a dedicated section in textbooks that outlines legal protections, health risks, and preventive measures. Visible posters or charts summarizing this information should be displayed prominently in schools, Gram Panchayats, and public institutions; and

3.2.Schools must adhere to a reporting protocol whereby principals or teachers are required to report potential cases, such as sudden drop out of a girl child, to the appropriate authorities immediately.

4. Targeted Community Awareness Campaigns

4.1.Regular community-based campaigns are mandated, specifically targeting parents, respected members of the community (including but not limited to teachers, principals and local body leaders) and local influencers. CMPOs are instructed to work with these groups to challenge entrenched social norms, using community discussions, multimedia presentations, and testimonials from child marriage survivors to shift perceptions; and

4.2.Community-focused initiatives should also include public forums where the adverse effects of child marriage are openly discussed, alongside the benefits of educating young women.

5. Empowerment Programs for Girls and Young Women

5.1.All States and Union Territories are directed to implement mentorship and leadership programs that encourage young girls to become active participants in their communities. These programs should include workshops on leadership skills, public speaking, and advocacy training, enabling girls to become local ambassadors for change; and

5.2.Schools and local organizations should establish peer groups led by trained mentors, where girls can safely discuss personal issues of home, family and public ongoings which may potentially force a girl into child marriage.

6. Helpline Awareness and Reporting Mechanisms

6.1.Comprehensive awareness of helpline numbers such as Childline (1098) and Women Helpline (181) should be included in all educational materials and community campaigns. Schools, Panchayats, and local institutions are required to display these numbers prominently and ensure that children and adolescents are aware of how to seek help.

E. Training/Capacity Building

1. Training for Community Health Workers and Educators

1.1.All State and UTs will impart specialized training to Anganwadi Workers (AWW), Auxiliary Nurse-Midwives (ANM), and Accredited Social Health Activists (ASHA) to enhance their role in the prevention of child marriage through active community engagement. This training should cover:

1.1.1. Identification of at-risk children and families, effective communication strategies to engage communities, and understanding the legal framework surrounding child marriage;

1.1.2. Workshops on the socio-economic impacts of child marriage on girls and families, enabling them to effectively communicate these consequences to community members; and

1.1.3. Effective ways and strategies to deal with crisis-management and render immediate and long-term support to victims who may be in a crisis associated to child marriage. This may include persons such as a girl vulnerable to child marriage herself; a peer, sibling or other person who fears that another person may be at risk of child marriage; or girls who have witnessed early or forced marriages around them.

2. Training for Law Enforcement and Judicial Officers

2.1.Police officers, particularly those in the Special Juvenile Police Units (SJPU), must undergo training focused on the legal aspects of the PCMA, child rights, and sensitivity towards cases involving minors. This training should include:

2.1.1. Protocols for handling child marriage cases, ensuring the protection of victims, and understanding the psychological impact of child marriage on children and those affected around them; and

2.1.2. Regular refresher courses on human rights and the ethical treatment of victims in accordance with the Juvenile Justice (Care and Protection of Children) Act.

3. Capacity Building for Teachers and School Administrators

3.1.Teachers and school administrators will be trained to recognize signs of potential child marriage and engage with students regarding their rights and the importance of education.

4. Empowerment of Local Leaders and Community Influencers

4.1.Training programs will be designed for local leaders, including members of Panchayati Raj Institutions and community influencers, focusing on their critical role in preventing child marriage. This training should cover strategies to challenge and change harmful social norms and practices that perpetuate child marriage within their communities.

5. Engagement with Non-Governmental Organizations (NGOs)

5.1.Collaborations with NGOs that focus on women's rights and child protection will be established to train volunteers and staff on child marriage prevention. State authorities including the CMPO and SJPU must proactively identify and collaborate with NGOs on the practical and procedural difficulties in preventing, prohibiting and prosecuting child marriages.

6. Training for Health Care Providers

6.1.Healthcare providers, including doctors and counsellors, will be trained to address the specific health risks associated with child marriage. This training will include:

6.1.1. Counselling techniques for young women and girls, focusing on reproductive health rights and the health consequences of early marriage; and

6.1.2. Awareness of available resources for girls at risk and the referral processes for victims seeking help.

F. Educational and Social Support

1. Educational Incentives and Scholarships

1.1.The Ministry of Women and Child Development is directed to consider the viability of implementing comprehensive educational incentive programs specifically targeted at girls at risk of child marriage. This includes:

1.1.1. Providing scholarships to girls for secondary and higher education to encourage families to prioritize education over early marriage;

1.1.2. Offering stipends or financial support for families with daughters who remain in school beyond the age of fifteen, as a tangible incentive for delaying marriage; and

1.1.3. Creating mentorship programs that connect at-risk girls with role models who have successfully pursued education and career opportunities.

2. Social Welfare Programs

2.1.The Ministry of Women and Child Development will also consider developing and implementing social welfare programs to assist families at risk of engaging in child marriage, including:

2.1.1. Conditional cash transfer programs that provide financial support to families in exchange for commitments to keep their daughters in school and delay marriage until legal adulthood;

2.1.2. Access to vocational training and skill development programs for families, enabling them to improve their economic status and lessen reliance on marrying off daughters for financial relief; and

2.1.3. Support services for families facing economic hardships, such as food assistance, healthcare services, and access to microfinance opportunities to promote sustainable livelihoods.

3. Convergence and Continuity of Services

3.1.The Chief Secretaries of all States/UTs shall designate an appropriate authority who shall ensure the convergence of services across various government departments and agencies to create a cohesive support system for vulnerable and at-risk communities. This includes:

3.1.1. Regular inter-departmental meetings to coordinate efforts and resources among education, health, social welfare, and law enforcement sectors to address the multifaceted nature of child marriage; and

3.1.2. Establishing community-based resource centres that provide information and support related to education, legal rights, and social services to families at risk of child marriage.

G. Monitoring and Accountability

1. Development of Standard Operating Procedures

1.1.The National Legal Services Authority277 is directed to formulate a Standard Operating Procedure278 that provides comprehensive guidelines for legal- support services, and long-term rehabilitation plans related to the prevention, protection, and rehabilitation of victims of child marriage for lawyers and law-enforcement officers. NALSA is further directed to dispatch this SOP to all States and District Legal Services Authority where it may be used in assisting aggrieved victims;

1.2.The Ministry of Women and Child Development, in consultation with State Child Protection Societies279 and local government bodies, shall draft SOPs focused on maintaining detailed registers. These registers will document:

1.2.1. The number of awareness programs and capacity-building initiatives conducted;

1.2.2. The number of child marriages prevented and reported; and

1.2.3. Follow-up actions taken in each case.

1.3.The SOPs must clearly define the duties and responsibilities of CPMOs, and other stakeholders involved in community protection efforts, such as police authorities, Sarpanchs, village Pradhans, school teachers, AWWs, and ASHA. Special emphasis shall be placed on these responsibilities during critical periods and other wedding seasons and

1.4.The National Commission for Protection of Child Rights is directed to expedite the process of drafting an SOP to establish accountability for the non-reporting of child marriages, provide rehabilitation for minor survivors, and initiate prosecution procedures.

2. Role of Panchayats and Local Leaders

2.1.All Panchayats, Sarpanchs, and local leaders must:

2.1.1. Complete a training program on child marriage prevention and reporting within three months;

2.1.2. Report any suspected child marriages within 48 hours of awareness to relevant authorities; and

2.1.3. Actively participate in community awareness programs to educate families on the legal consequences of child marriage and promote alternative practices to early marriage.

3. Individual Care Plans for At-Risk Girls

3.1.State authorities must develop and implement Individual Care Plans (ICP) for at-risk girl children, ensuring compliance with Section 10 of the JJ Act, which mandates individualized care and rehabilitation for children in need of care and protection. It shall include:

3.1.1. Immediate access to educational resources tailored to the child's needs;

3.1.2. Regular psychological support sessions, including counselling and therapy, as necessary;

3.1.3. Establishment of peer support groups to help at-risk girls connect with one another and share experiences;

3.1.4. Monitoring by Child Welfare Officers/District Child Protection Unit (DCPU) should occur every month for the first year post-intervention to ensure successful reintegration into education and community life; and

3.1.5. Follow-up assessments should be conducted every three months to evaluate the effectiveness of the ICP, adjusting support services as needed to address any emerging challenges faced by the child.

H. Technology-Driven Initiatives for Reporting Child Marriage

1. Creation of a Centralized Reporting Portal

1.1.The Ministry of Home Affairs, in collaboration with the Ministry of Women and Child Development and the NALSA, shall establish a designated portal for online reporting of child marriages. This portal will include features for anonymous reporting, allowing victims and concerned citizens to easily lodge complaints and access support services; and

1.2.The portal will serve as a centralized platform for collecting and analyzing data on child marriage incidents, enabling targeted interventions. It will enhance accessibility, transparency, and accountability by ensuring that all reports are addressed promptly by enforcement agencies and CMPOs.

2. Leveraging Technology for Support Services

2.1.Each State and UT shall make all endeavours to disseminate information against child marriage across all print, digital and social media – with a focus on regions where child marriages are likely to occur in high numbers. They shall also consider the viability of data analytics to identify high-risk areas and patterns of child marriage, enabling swift interventions.

3. Technology-Driven Monitoring of Attendance

3.1.The Ministry for Women and Child Development, in coordination with the relevant State Ministries, shall consider the viability of a technology-driven monitoring system to track daily attendance for school-going girls up to the 12th grade, ensuring compliance with the privacy standards outlined in the Supreme Court judgment in KS Puttaswamy (9J) (supra).

I. Funding and Resources

1. Dedicated Annual Budget Allocation

1.1.The relevant ministries of the Union Government are directed to recommend the allocation of a dedicated yearly budget for each State specifically aimed at preventing child marriage and supporting affected individuals. This budget should encompass:

1.1.1. Community awareness programs;

1.1.2. Educational initiatives targeting at-risk populations;

1.1.3. Training programs for frontline workers, including CMPOs and local law enforcement;

1.1.4.Rehabilitation services for victims, including counselling and vocational training; and

1.1.5. Provisions for regular monitoring, home visits, and follow-up support for victims to ensure their reintegration into society.

2. Juvenile Justice Fund Institutionalization

2.1.The State Governments are directed to institutionalize the Juvenile Justice Fund established under Section 105 of the JJ Act. This fund will provide financial assistance in the form of scholarships and stipends specifically for girls at imminent risk of child marriage or whose marriages have been annulled, promoting their educational and social empowerment.

3. Compensation for Girls Opting Out of Marriage

3.1.The Ministry of Women and Child Development is requested to consider the viability of providing compensation to girls who opt out of marriage upon reaching the age of majority under the NALSA Victim Compensation Scheme or respective State Victim Compensation Schemes. This compensation should be equivalent to that provided to rape victims, ensuring adequate support for those who have escaped child marriage.

4. Identification and Support for At-Risk Children

4.1.Superintendents of Police and Collectors are directed to identify instances of child marriage and monitor children at risk of dropping out of school due to socio-economic challenges or threats of early marriage. This initiative should ensure:

4.1.1. Comprehensive access to education and health services for at-risk children; and

4.1.2. Provision of stipends and fellowships to support their continued education and mitigate the factors contributing to child marriage.