Bombay High Court Directs State To Report On Appointment And Performance Of Child Marriage Prohibition Officers

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor was hearing a Public Interest Litigation filed by an NGO and some social activists seeking effective implementation of the Prohibition of Child Marriages Act, 2006.

The Court directed the Secretary, Women and Child Development Department, or a representative vetted by the Secretary, to file an additional affidavit providing the following information:

1. The number of Child Marriage Prohibition Officers (CMPOs) appointed by the State Government across Maharashtra.

2. Whether these officers have been submitting the periodical returns and statistics on child marriages to the State Government, as mandated by section 16 of the Act and Rule 3 of the Maharashtra Prohibition of Child Marriage Rules, 2022.

3. Details of any disciplinary actions taken against CMPOs who have failed to perform their duties.

As per the state’s affidavit filed in June, 2022, from 2018 to 2021, the authorities stopped 1767 child marriages. The court noted that the affidavit does not explain how these figures were arrived at. Further, the affidavit was silent on the number of CMPOs in the state, the court noted.

As per the Rules of 2022, duties of the CMPOs include preventing child marriages, collecting evidence, advising residents, creating awareness, and sensitizing the community. CMPOs have the authority to enter any premises where a child marriage is suspected, demand documents, and conduct inquiries, which must be completed within three months.

The CMPOs must report on their actions under the Act and Rules in the first week of every month. Failure to fulfil their duties shall result in disciplinary action against the CMPOs, as per the 2022 Rules.

“Considering the important role to be performed by the Child Marriage Prohibition Officers, it is necessary that adequate Child Marriage Prohibition Officers are appointed and strict supervision is conducted as regards the performance of their duties”, the court observed and posted the matter on August 2, 2023, at 2:30 p.m.

The PIL, filed last year through Advocate Ajinkya Udane, seeks Rules to be framed by the State Government as per section 19 of the Prohibition of Child Marriages Act, 2006. Government Pleader PP Kakade said that the government has notified the Maharashtra Prohibition of Child Marriage Rules, 2022.

The PIL seeks a committee with representatives from the Ministry of Women and Child Development, Ministry of Social Justice, Ministry of Education, Director General of Police, State Commission for Protection of Child Rights, State Human Rights Commission, State Commission for Women, and NGOs to frame a standard operating procedure for implementing the Act of 2006. The petitioners have also requested the High Court to frame guidelines to make the Act of 2006 more effective.

Case no. – Public Interest Litigation No. 62 of 2022

Case Title – Child Marriage Prohibition Committee and Ors. v. State of Maharashtra and Ors.