In response to a public interest litigation (PIL) on child marriage, the Rajasthan High Court has issued a directive aimed at curbing the practice in the state. With the approaching Akshay Tritiya festival, notorious for child marriages, the court has emphasized the responsibility of sarpanchs and panchayat members in preventing such unions.
Responsibility of Sarpanchs and Panchayat Members
The court has underscored the role of sarpanchs and panchayat members, stating that they will be held responsible for any child marriages occurring within their jurisdiction. Citing the Rajasthan Panchayati Raj Rules 1996, the court mandates proactive measures to curb the practice and warns of legal consequences under the Prohibition of Child Marriage Act 2006 for negligence.
Legal Framework: Prohibition of Child Marriage Act 2006
India’s Prohibition of Child Marriage Act 2006 establishes the minimum marriage age for girls and boys as 18 and 21 years, respectively. Violations of this law, whether through performance, permission, or promotion of child marriage, incur legal penalties.
Insights on Child Marriage in India
According to the National Family Health Survey (NFHS)-5, India has seen a decline in child marriage from 47.4% in 2005–06 to 26.8% in 2015–16. However, disparities persist, with higher prevalence among girls with limited education and marginalized communities such as Scheduled Castes and Scheduled Tribes. States like West Bengal, Bihar, and Tripura have rates above the national average, with Rajasthan also identified among those requiring targeted interventions.
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