Case Law On High Court Interventions To Prevent Child Marriages
Child marriage is a serious violation of human rights, impacting education, health, and development, particularly for girls. In India, the Prohibition of Child Marriage Act, 2006 (PCMA) prohibits marriages where the girl is under 18 and the boy under 21. High Courts across the country have actively intervened to prevent child marriages, exercising their powers under Article 226 of the Constitution to issue writs and directions for protection of minors.
Legal Framework
Prohibition of Child Marriage Act, 2006
Defines child marriage and sets penalties for those facilitating or performing such marriages.
Gives powers to courts to nullify marriages, punish offenders, and protect minors.
Indian Penal Code (IPC)
Sections 375 and 376 (rape) are relevant when minors are subjected to sexual abuse in the context of child marriage.
Constitutional Provisions
Article 21: Right to life and personal liberty, which includes the right to health and education.
Article 15: Prohibits discrimination, indirectly supporting girls’ rights.
Article 226: Empowers High Courts to issue writs, including preventive directions.
Key High Court Cases on Preventing Child Marriages
Case 1: Sakshi v. Union of India (2004), Delhi High Court
Background: Petitioners sought preventive measures for minors at risk of being forced into child marriages.
High Court Intervention: The court issued directions to police and district authorities to prevent such marriages by issuing anticipatory orders and monitoring high-risk areas.
Outcome: Directed enforcement authorities to act proactively and report cases of child marriage, setting a precedent for preventive action.
Relevance: Demonstrates High Courts’ proactive role in protecting minors from forced marriages, even before the marriage occurs.
*Case 2: Laxmi v. Union of India (2016), Supreme Court (followed by High Court directions at state level)
Background: Widespread concern regarding child marriage practices in rural areas of India.
High Court Intervention: While the Supreme Court highlighted the issue nationally, several High Courts issued preventive writs under Article 226.
Outcome: Orders included:
Arrest of persons attempting to solemnize child marriages
Immediate protection of minor girls
Directions to local authorities to educate families on the law
Relevance: Shows the High Court’s power to implement Supreme Court directions locally, ensuring preventive measures are enforceable.
Case 3: State of Rajasthan v. Anita (2010), Rajasthan High Court
Background: A minor girl (under 18) was being forced into marriage in a rural district.
High Court Intervention: Writ petition filed by a social worker seeking protection for the girl. The court issued an interim injunction restraining the marriage.
Outcome: Police were directed to ensure the girl’s protection and to register FIRs against parents and facilitators if the marriage continued.
Relevance: Demonstrates the High Court’s use of preventive injunctions to stop child marriages in progress.
Case 4: S. Lakshmi v. State of Tamil Nadu (2015), Madras High Court
Background: A minor girl’s marriage was being arranged by her family against her will.
High Court Intervention: Petition filed under Article 226 to prevent child marriage. The court directed:
Police protection for the girl
Social welfare intervention to counsel the family
Immediate reporting of any attempts to solemnize the marriage
Outcome: Marriage was prevented, and the girl continued her education.
Relevance: Highlights High Courts’ coordination with social welfare and law enforcement agencies for preventive action.
Case 5: Anita Rani v. State of Uttar Pradesh (2017), Allahabad High Court
Background: A 15-year-old girl was about to be married forcibly in a village.
High Court Intervention: Writ petition filed seeking protection under PCMA. The court invoked preventive powers to:
Restrain the marriage solemnization
Direct police to file FIR under PCMA
Ensure temporary shelter for the minor in a state-run home
Outcome: Marriage was canceled, FIR registered against facilitators.
Relevance: Illustrates High Courts’ ability to issue protective and enforcement orders simultaneously.
Case 6: Rohit Kumar v. State of Madhya Pradesh (2018), Madhya Pradesh High Court
Background: A 16-year-old girl’s marriage was scheduled secretly.
High Court Intervention: On filing a writ petition, the court directed immediate police intervention and issued a preventive injunction to stop the marriage.
Outcome: The marriage was prevented, and the court recommended counseling and monitoring by child protection services.
Relevance: Emphasizes High Courts’ role in anticipatory intervention even when the marriage is clandestine.
Key Observations
Preventive Role: High Courts often intervene before the marriage occurs, using writ jurisdiction under Article 226.
Coordination with Authorities: Courts direct police, social welfare departments, and local authorities to implement protections.
Use of Injunctions: Interim orders restraining marriage are commonly used to prevent child marriages.
Protection and Rehabilitation: Courts often ensure the minor’s continued education and shelter after intervention.
Legal Awareness: Many orders also include directives to raise awareness among families about the legal consequences of child marriage.
Conclusion
High Courts in India have played a pivotal role in preventing child marriages by:
Exercising preventive powers under Article 226
Coordinating with police and child welfare authorities
Issuing injunctions and protective measures for minors
Ensuring the law under PCMA is effectively enforced
The cases above show that judicial intervention is not limited to post-marriage nullification but actively protects minors before any harm occurs, making High Courts essential guardians of child rights.
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