SUSHILA GOTHALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is a public interest litigation. Petitioner Smt. Sushila Gothala, resident of C-3, Lal Kothi, Jaipur has approached this Court under Art. 226 of the Constitution of India for issuance of direction to the respondents to stop immediately the menace of child marriage in Rajasthan in effective manner; writ, order or direction to the respondents to enforce the provisions of the Child Marriages Prohibition Act 1929 (hereinafter to be referred to as "the Act) as amended by Act No. 2 of 1978, and further for a direction to punish the officer who is responsible for not prohibiting the child marriages.

(2.) The facts as unfolded in the writ petition are hair raising and shocking, inasmuch as it has been alleged that on the occasion of "AKHA TEEJ" every year, child marriages are performed in contravention of the Act. It has been also averred in the Petition that even after enforcement of the said Act, the State of Rajasthan has practically failed in preventing the solemnisation of child marriages in contravention of the said Act. It has been stated that child marriages are mainly prevalent in the communities like Lohar, Kumhar, Rawat, Bairwa, Regar, Balai, Khateek, Jat, Gujar Bishnoi etc. Even some lower caste Muslims recently converted to Islam also observe this age-old custom of child marriage. The festival of "AKHA TEEJ" is considered as an auspicious day for performing child marriages. It is alleged that even babies in arms are married by their parents on this occasion. On the basis of Census reports of 1971 and 1981 it has been alleged that largest number of child marriages have been performed in the State of Rajasthan. In para 7 of the Writ Petition, it has been stated that the petitioner has written so many letters to the respondents regarding stoppage of child marriages in the State of Rajasthan, but no proper and satisfactory reply has been given to the petitioner regarding steps being taken to prevent this custom. The petitioner is also alleged to have served some notices on the respondents Nos. 2 and 3 by hand on 9-5-1994. The festival of "AKHA TEEJ" is observed every year in the State of Rajasthan, which sometime falls in the month of April and sometimes in May.

(3.) This writ petition came up for admission on 12/05/1994, whereas, according to the petitioner the child marriages in contravention of the Act were to be performed on the next day i.e. 13/05/1994, which was the day of "AKHA TEEJ" this year. The petitioner's counsel stated that the petition may be heard and necessary orders may be passed directing the respondents to stop the child marriages.