The Kerala High Court recently directed the State and its authorities to conduct awareness programs to prevent the practice of child marriage among the tribal communities of Wayanad [Suo Motu v State of Kerala & ors]..The Court had initiated a suo motu case in the matter in 2016 after the Kerala State Legal Services Authority (KeLSA) filed a public interest litigation (PIL) plea on related issues. KeLSA's plea was based on a report by the District Legal Services Authority (DLSA) in Wayanad, which had raised concern about the increasing number of cases where members of tribal communities faced prosecution under the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) due to customary early marriages.The petition was filed to address the legal implications of customary child marriage among members of tribal communities..On March 3, a Division Bench of Chief Justice Nitin Jamdar and Justice S Manu observed that child marriages persisted in tribal communities due to the lack of a proper legal framework to regulate tribal marriages. It added that such practices cannot be allowed to continue merely because they were customary, since such early marriages negatively impacted the health of children, their education, and personal autonomy"The absence of a legal framework regulating tribal marriages has allowed these customs to persist. However, the long standing nature of this practice cannot be the sole justification of its continuation. The prevalence of child marriage in the tribal areas, though historically entrenched, needs to be addressed to protect the rights and well-being of the children," the Court said..However, the Bench also acknowledged that its authority to intervene in such issues was limited.It took note of the submission by amicus curiae, Senior Advocate P Vijayabhanu and KeLSA's counsel, Senior Advocate Santhosh Mathew that it is not possible for the court to pass judicial orders to lower the age of consent only for tribal communities to save those who enter customary child marriages from prosecution under the PoCSO Act. "They submitted that the problem is complex and, to address it, requires changes to multiple laws, which are beyond the scope of this Public Interest Petition. While the need for intervention exists, the scope of judicial intervention has to be kept in mind," the Court opined..The Court emphasised that awareness programs and community-based interventions would be crucial to addressing this social issue.Since several Non-Governmental Organisations (NGOs) and individuals were already engaged in tackling the problem, the Court directed KeLSA to support these ongoing efforts.It instructed KeLSA to conduct programs highlighting the adverse effects of child marriage and to educate tribal communities on the rights of children as guaranteed under Article 21 and Article 21-A of the Constitution of India.It further took note of the submission by amicus curiae Vijaya Bhanu that community-based sensitisation efforts, rather than stringent prosecution, would yield better long-term results in eradicating child marriage..The Court proceeded to direct KeLSA to launch an extensive awareness campaign in Wayanad, targeting schools, tribal settlements, and community centres, based on an action plan submitted by the DLSA.The Court said that such awareness sessions should be organised within the next three months, with the cooperation of the Education and Tribal Departments of the State. "The Respondents, as per the Action Plan, will conduct awareness programs against child marriage in all Upper Primary, High, and Higher Secondary Schools in Wayanad District within three months," the Court ordered..It also called for the screening of educational films as part of sensitisation efforts, the distribution of informative posters, and annual reviews of the effectiveness of awareness programmes.Further, it directed the conduct of specialised training sessions for officers from the Tribal and Education Departments on preventing school dropouts and reducing the prevalence of child marriageThe Secretary of KeLSA was told to submit reports to the Executive Chairman on such efforts every six months, detailing the progress and measures undertaken.KeLSA was given the liberty to approach the Court again to seek further judicial directions if required as well. With these directions, the petition was disposed of. .Government Pleader Latha Thankappan appeared for the State..[Read Judgement]
The Kerala High Court recently directed the State and its authorities to conduct awareness programs to prevent the practice of child marriage among the tribal communities of Wayanad [Suo Motu v State of Kerala & ors]..The Court had initiated a suo motu case in the matter in 2016 after the Kerala State Legal Services Authority (KeLSA) filed a public interest litigation (PIL) plea on related issues. KeLSA's plea was based on a report by the District Legal Services Authority (DLSA) in Wayanad, which had raised concern about the increasing number of cases where members of tribal communities faced prosecution under the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) due to customary early marriages.The petition was filed to address the legal implications of customary child marriage among members of tribal communities..On March 3, a Division Bench of Chief Justice Nitin Jamdar and Justice S Manu observed that child marriages persisted in tribal communities due to the lack of a proper legal framework to regulate tribal marriages. It added that such practices cannot be allowed to continue merely because they were customary, since such early marriages negatively impacted the health of children, their education, and personal autonomy"The absence of a legal framework regulating tribal marriages has allowed these customs to persist. However, the long standing nature of this practice cannot be the sole justification of its continuation. The prevalence of child marriage in the tribal areas, though historically entrenched, needs to be addressed to protect the rights and well-being of the children," the Court said..However, the Bench also acknowledged that its authority to intervene in such issues was limited.It took note of the submission by amicus curiae, Senior Advocate P Vijayabhanu and KeLSA's counsel, Senior Advocate Santhosh Mathew that it is not possible for the court to pass judicial orders to lower the age of consent only for tribal communities to save those who enter customary child marriages from prosecution under the PoCSO Act. "They submitted that the problem is complex and, to address it, requires changes to multiple laws, which are beyond the scope of this Public Interest Petition. While the need for intervention exists, the scope of judicial intervention has to be kept in mind," the Court opined..The Court emphasised that awareness programs and community-based interventions would be crucial to addressing this social issue.Since several Non-Governmental Organisations (NGOs) and individuals were already engaged in tackling the problem, the Court directed KeLSA to support these ongoing efforts.It instructed KeLSA to conduct programs highlighting the adverse effects of child marriage and to educate tribal communities on the rights of children as guaranteed under Article 21 and Article 21-A of the Constitution of India.It further took note of the submission by amicus curiae Vijaya Bhanu that community-based sensitisation efforts, rather than stringent prosecution, would yield better long-term results in eradicating child marriage..The Court proceeded to direct KeLSA to launch an extensive awareness campaign in Wayanad, targeting schools, tribal settlements, and community centres, based on an action plan submitted by the DLSA.The Court said that such awareness sessions should be organised within the next three months, with the cooperation of the Education and Tribal Departments of the State. "The Respondents, as per the Action Plan, will conduct awareness programs against child marriage in all Upper Primary, High, and Higher Secondary Schools in Wayanad District within three months," the Court ordered..It also called for the screening of educational films as part of sensitisation efforts, the distribution of informative posters, and annual reviews of the effectiveness of awareness programmes.Further, it directed the conduct of specialised training sessions for officers from the Tribal and Education Departments on preventing school dropouts and reducing the prevalence of child marriageThe Secretary of KeLSA was told to submit reports to the Executive Chairman on such efforts every six months, detailing the progress and measures undertaken.KeLSA was given the liberty to approach the Court again to seek further judicial directions if required as well. With these directions, the petition was disposed of. .Government Pleader Latha Thankappan appeared for the State..[Read Judgement]
