Child Marriage Act: SC Directs MWCD To File Status Report On Steps Taken

The Supreme Court has recently directed the Ministry of Women and Child Development to produce a status report outlining the actions taken by the union government to enforce the Prohibition of Child Marriage Act.

A bench consisting of CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala passed the directive.

The petitioner’s counsel notified the bench that the issue of child marriage persisted. In response, Additional Solicitor General of India Senior Advocate Madhavi Divan stated that there was a bill waiting since 2021 that would raise the marriage age for women to 21 years. She stated that the matter was currently before the Standing Committee.

Nonetheless, the bench recognized that this would still not address the issue of the Prevention of Child Marriage Act’s execution. As a result, the bench ordered the Ministry of Women and Child Development to provide an updated status report elaborating on the following points.

1. Data gathered from various states on the nature and extent of child weddings;
2. Actions done to put the provisions of the Prohibition of Child Marriage Act 2006 into effect;
3. The policy developed by the Union government to carry out the purpose of the Act.

The bench further added, “The Union of India should also engage with the State governments in order to apprise the court on the compliance by states of the provision of Section 16(3) for the appointment of the child marriage Prohibition officer. Affidavit shall also clarify whether the officer so appointed or given other multifarious duties.”

The matter is scheduled for further hearing in July 2023.