SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This suo motu Petition concerns the practice of child marriage prevalent among the members of the tribal communities in Wayanad District.

(2.) As per 2011 Census data, almost one-third of the total tribal population of Kerala comprising communities such as Paniyas, Mullukurumas, Adiyars, Kurichyas, Ooralis, Kattunaikkans, Kanduvadiyar, Thachanadar and Kanaladi, is in Wayanad District. As a customary practice, the members of these communities often marry at an early age. As a result, the penal provisions of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) are attracted and many face trial for offences under the Act. On this issue, in the year 2016, the District Legal Services Authority (DLSA), Wayanad, submitted a report to the Kerala State Legal Services Authority (KeLSA). KeLSA placed the report with a request to register a Public Interest Litigation. The Division Bench, by order dtd. 1/8/2016, admitted the petition and issued notices.

(3.) On 19/1/2018, the Union of India, represented by its Secretary, Ministry of Women and Child Development, and the National Commission for Protection of Child Rights, represented by its Member Secretary, New Delhi, were joined as party Respondents. Further, on 23/6/2021, the KeLSA was directed to submit a detailed report on the awareness programs conducted for the tribal community people of Wayanad regarding the provisions of the PoCSO Act vis-a-vis customary marriages. The Authority was also directed to furnish the details of the number of cases registered, pending trial, and the concluded cases. The Petition thereafter remained pending from 2021.