JAGO FOUNDATION Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Initially, the writ petition was filed for a direction upon the respondent -State of Jharkhand to appoint a full -time Child Marriage Prohibition Officer under Sec. 16(1) of the Prohibition of Child Marriage Act, 2006 and for a direction for framing Rules under Sec. 19 of the Act. During the pendency of the writ petition, the State Government issued notification dated 11.6.2007 designating the Block Development Officer in each Block as the Child Marriage Prohibition Officer and, vide notification dated 23.4.2015, the Jharkhand Child Marriage Prohibition Rules, 2015 have also been notified. Mr. A.K. Agarwal, the learned counsel for the petitioner -Jago Foundation submits that in view of the incognizable steps taken by the State Government for effective implementation of the Prohibition of Child Marriage Act, 2006, detail guidelines may be issued by the Court. Referring to the counter affidavit dated 20.8.2014 filed on behalf of the respondent -State Government, the learned counsel for the petitioner points out that except, organizing a State Level Consultation on 6.9.2012, the respondent -State has not taken any step in the matter and, in fact, even the details of the aforesaid State Level Consultation have not been brought on record. It is stated that in the last five years, hundreds of child marriages in violation of the prohibition under the 2006 Act have been performed in the State of Jharkhand however, unmindful of their statutory duty the respondents have not taken proper and effective step in the matter.

(2.) Without delving deep in the history, we notice that amongst Hindus, child marriage was prevalent in abundance and such marriage was even recognized as valid. The ill -effect of the child marriage was noticed even during the colonial period and there was no mechanism to discourage child marriages. The Child Marriage Restrain Act, 1929 was enacted to restrain child marriages and to carry forward the reformist movement for eradicating the evil of child marriage. However, over a period it was felt that the provisions of 1929 Act should be made more effective and to effectively prevent the evil practice of child marriages in the country, stringent punishment should be provided. The National Commission for Women in its annual report for the year 1995 -96 recommended that the Government should appoint the Child Marriage Prevention Officers immediately. The Commission also recommended that, (i) the punishment provided under the Act should be more stringent; (ii) marriages performed in contravention of the Act should be made void; and (iii) the offences under the Act should be made cognizable. The National Human Rights Commission also undertook a comprehensive review of the existing Act and made recommendations for comprehensive amendment in its annual report 2001 -02. Accepting the recommendations and after consulting the State Governments and the Union Territories' Administrations, the Central Government repealed the 1929 Act and enacted the Prohibition of Child Marriage Act, 2006.

(3.) Rule 4 of the "Jharkhand Child Marriage Prohibition Rules, 2015" provides that awareness through different media and incentive for active role played by the members of civil society, PRI and socially concerned citizen are few steps which have to be taken. Rule 4(3) provides that the District Magistrate may pass an order under sub -section (5) of Sec. 13 of the Act directing all or any police station to keep vigil at religious and public places. The rule also enjoins the District Magistrate to take appropriate action to check and prevent the solemnization of child marriages especially, during special occasions when mass child marriages are solemnized.