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The plea stated that child marriages restrict girls' skills, resources, knowledge, and autonomy, leaving them vulnerable to violence and abandonment.
The Bombay High Court, comprising Acting Chief Justice Nitin Jamdar and Justice Arif Doctor, sought specific details from the Maharashtra Government regarding the Child Marriage Prohibition Officer (CMPO) appointed by the State Government.
The High Court asked for the following information from the state government:
1) The number of CMPOs appointed by the State Government.
2) Information on FIRs and the 821 prohibited marriages reported by the CMPO between 2018 and 2022.
3) Details of disciplinary actions taken against CMPO officers who failed to fulfill their duties.
4) Confirmation on whether the CMPO officers have submitted the prescribed periodical returns as mandated by the act.
These details were sought during the High Court proceedings while considering a plea filed by Advocate Ajinkya Udane, which highlighted concerns related to the Child Marriage Prohibition Act.
Government Pleader PP Kakade informed the High Court that the rules under the act had been formulated and notified in October 2021.
During the hearing, the division bench recognized the following:
The rules assign significant responsibilities to the Child Marriage Prohibition Officer (CMPO).
Any individual, organization, or educational institution is authorized to report incidents of child marriage, even if they suspect that such marriages are likely to occur. Subsequently, the CMPO has the power to conduct investigations, record statements, and gather evidence based on these complaints.
The CMPO has the authority to take action upon receiving complaints related to child marriages.
The PIL (Public Interest Litigation) requests the framing of rules for the implementation of the Prohibition of Child Marriage Act (PCMA), registration of offences, cancellation of child marriages, formulation of guidelines by the High Court, and the establishment of a committee to draft Standard Operating Procedures in collaboration with Child Line and NGOs.
The petition emphasizes that child marriages impede girls' skills, resources, knowledge, and autonomy, rendering them susceptible to violence and abandonment. It further highlights that child brides are more likely to drop out of school, resulting in long-term economic repercussions.
The State Government has been directed to submit its response by August 2, 2023.
Case title: Child Marriage Prohibition Committee vs State of Maharashtra
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