'Girls Are Married At 12-13 Years, Bear Children At 15-16' : Bombay High Court Seeks Data On Child Marriages In Maharashtra

A bench of Chief Justice Dipankar Datta and Justice MS Karnik was hearing a bunch of PILs regarding the death of women and children, especially due to malnutrition and lack of medical attention in the tribal belt of Melghat region. The PILs are filed by Dr Rajendra Burma and activist Bandu Sampatrao Sane.

"From a very reliable source we've learnt girl children are given in marriage at 12-13, they bear children at 15 and 16, and that is one of the reasons for the death of mother and child," the court observed.

Even as the petitioners said this was not the case, and child marriages were less than 1%, the court said it will direct all district magistrates/ collectors to gather data and submit a list of girls married off as minors so that work could also be directed towards awareness programs.

"Because in that case, we need to sensitize them that 18 is the age for marriage in India. They need to be educated about this. Otherwise, no matter how much you spend it will go down the drain. [Awareness will have to be created] if they want their girls to survive."

The court also orally observed that there should be separate budgetary allocation for the tribal areas in the upcoming budget after the petitioner submitted that a 12% reduction in cost.

Advocate General Ashutosh Kumbhakoni for the State submitted that child marriage and a lack of birth control mechanisms were a huge factor in woman mortality.

"I had initially pointed out two aspects for the deaths. First was child marriage and the second is they don't use birth control pills, resulting in multiple pregnancies. They consult [quacks] first, and once the case gets out of his hand they go to the primary health care hospital."

In response the CJ said, "can you conduct a survey and tell us how many girl children below the age of 18 are married? We will have to respect their customs, but they will have to be sensitized too. We will have to save the girl child. We feel orders of the court will not work here. We will direct a survey in Maharashtra."

Senior Advocate Jugal Kishor Gilda for petitioner Sane reiterated how the condition is improving at snail's pace as doctors deputed are not turning up in these areas. "For three decades the same story is being repeated. Budget for these areas is reduced by 12% this year."

He said earlier stalwarts like Justice DY Chandrachud, Justice Abhay Oak had also heard PILs on this issue and passed orders. "Health doesn't permit me to travel now, and I am not comfortable arguing online. Thirteen expert reports have been filed so far," he stressed in disappointment.

Finally, Justice MS Karnik praised an expert who has been working in the Melghat area for 16 years for his suggestions on how to improve the situation, and asked both the petitioners and their lawyers to sit together and make a list of suggestions so that a comprehensive order could be passed.