“Strengthening Efforts to Combat Child Marriage – Key Legal and Community Measures.”
October 18, 2024 2025-03-01 23:48“Strengthening Efforts to Combat Child Marriage – Key Legal and Community Measures.”
“Strengthening Efforts to Combat Child Marriage – Key Legal and Community Measures.”
By Niyati Dhiman
The Supreme Court of India emphasized prevention over prosecution in combating child marriage, recognizing the Prohibition of Child Marriage Act, 2006, as social legislation requiring collective action. Chief Justice DY Chandrachud highlighted the need for community-driven strategies addressing root causes like poverty, gender inequality, lack of education, and cultural practices. Stressing awareness and education, the Court prioritized prevention, followed by protection and penalization, advocating for long-term, community-based approaches over punitive measures. Proposed measures include improved law implementation, support for at-risk children, and enhanced accountability among stakeholders.
To prevent child marriages, the courts are being empowered to take proactive steps. Magistrates will now be able to issue suo motu injunctions during wedding seasons, particularly when child marriages are imminent. In addition, the feasibility of establishing special fast-track courts for child marriage cases is being explored. These courts will ensure that victims get quick and effective justice. Public servants, including law enforcement officers, who fail to act on information about child marriages will face strict consequences.
Communities are at the heart of the fight against child marriage. To make this a reality, States and Union Territories (UTs) are directed to develop annual action plans. These plans will include specific KPIs for preventing child marriages, ensuring that local contexts and challenges are addressed. Capacity-building programs will be organized for stakeholders like Child Marriage Prevention Officers (CMPOs), teachers, and government officials. A key initiative will be the “Child Marriage Free Village” program, encouraging local communities, including Panchayats and Sarpanchs, to actively report and prevent child marriages.
Raising awareness about the legal consequences of child marriage is crucial. CMPOs will be tasked with conducting awareness programs in schools, religious institutions, and Panchayats to educate communities. Additionally, comprehensive sexuality education will be integrated into school curricula, empowering children with the knowledge of their rights and the dangers of early marriage. To ensure help is always available, helpline numbers like Childline (1098) and Women Helpline (181) will be prominently displayed in schools and public spaces.
Effective intervention depends on well-trained professionals. Special training programs will be held for frontline workers such as Anganwadi Workers (AWWs), Accredited Social Health Activists (ASHA), and law enforcement officers. These workers will learn how to identify children at risk of marriage and intervene appropriately. Local leaders, including Panchayat members, will also undergo training to challenge harmful social norms and help prevent child marriages.
Education is a powerful tool in preventing child marriage. At-risk girls will be provided with scholarships and stipends to keep them in school. Social welfare programs, including conditional cash transfers, will reduce the economic pressures on families that might otherwise push them to marry off young daughters. Additionally, vocational training programs will offer alternative paths for girls to secure their futures. States will work to provide integrated services across various departments to ensure that at-risk children receive the support they need.
To ensure that interventions are effective, Standard Operating Procedures (SOPs) will be developed. These SOPs will guide legal support services and rehabilitation for victims of child marriage. They will also track the progress of awareness programs and report on actions taken to prevent child marriages. Panchayats and local leaders will be required to complete training and report suspected child marriages within 48 hours. State authorities will also develop Individual Care Plans (ICP) for at-risk girls, ensuring that they have access to education, psychological support, and regular follow-ups.
Technology will play a pivotal role in preventing child marriage. A centralized reporting portal will be created for anonymous reporting, allowing victims and concerned citizens to report incidents of child marriage. This portal will also serve as a data collection tool to track incidents and enable targeted interventions. States will be encouraged to use media and data analytics to raise awareness and identify areas where child marriage is most prevalent. Additionally, a technology-driven monitoring system will track the attendance of school-going girls to ensure they stay in education.
A dedicated annual budget will be allocated to prevent child marriage, covering community awareness programs, educational initiatives, training, and victim rehabilitation. The government is also looking into establishing the Juvenile Justice Fund, which will provide scholarships and stipends for girls at risk of child marriage. Furthermore, compensation for girls who opt out of marriage will be explored, similar to the compensation provided to victims of rape.
The Supreme Court’s guidelines against child marriage adopt a holistic approach, integrating legal, social, educational, and technological solutions. Community involvement, especially by local leaders, is vital for effective implementation. Legal experts like Advocate Mugdha and ASG Aishwarya Bhati play key roles in driving these changes. By combining proactive legal steps, community engagement, technological tools, and support for at-risk children, the initiative seeks to end child marriage and uphold children’s rights to education, health, and self-determination.
Case Title: Society for Enlightenment and Voluntary Action and Ors. Vs. Union of India (UOI) and Ors., Supreme Court
Citation: 2024 INSC 790
