The Prohibition of Child Marriage Act , 2006
The Act was brought into force in Karnataka on 1.10.2007 and the State Rules were notified on 6.2.2008. Wide publicity has been given through electronic media, news papers and satellite programmes regarding the provisions of the Act to the general public.
Implementation of Child Marriage Prohibition Act 2006
Child marriage is a gross violation of human rights that puts young girls at risk. A marriage where either of the contracting party is a child is considered as child marriage. Child or minor under this law is defined as 18 years in case of girls and 21 years in case of boys.
The Reasons for Child Marriages are as follows:
Consequences of Child Marriage:-
All children have right to care and protection; to develop and grow in to a complete and full individual , regardless of their social and economic situation. Child marriage is a blatant violation of all these rights. Child marriages denies children their basic rights to good health, nutrition, education and freedom from violence, abuse and exploitation.
When the person in the marriage are children their body and mind are put to grave and heinous danger. Most often the child is not even aware of what really awaits her/him as a consequence. Marriage by its very institutions imposes certain social responsibility and the persons in it. It also provides the legal sanction for engaging in sexual activity and procreation. This amount to sanction for child sexual abuse and rape.
Child Marriage resulting in early motherhood means, placing both the young mother and her baby at risk. This leads to increase in infant mortality and maternal mortality.
As child marriages are rampant in northern districts of Karnataka, many NGO’s have been fighting a war against the Child Marriages. A Writ Petition No: 11154 of 2006 was filed in the High Court of Karnataka. The main grievance of the petitioner is that the state has to implement the Child Marriage Restraint Act 1929 and take necessary steps to prevent unlawful Child Marriages. It is for the state to protect the fundamental rights guaranteed under article 14,15,19,21 and 23 of the constitution. It is also stated that mass marriage organized on 18.05.2007 at Javalagiri village, Sindhanur Taluk, Raichur District which was participated by the Chief Minister of Karnataka and to investigate the same and also seeking direction to the respondents with regard to preventive measures taken to prohibit child marriages and further direction with regard to action taken by the Government in various Departments to take legal action on the individual or organization etc., and such other relief’s.
It is submitted that, there is no doubt that the Child Marriage Restraint Act 1929, was in existence even before and after Independence. This act stands repealed after the New Act called the Prohibition of Child Marriage Act 2006 was enacted by the Union of India.
The New Act is significant as it indicates Zero tolerance of the Government towards any incidence of Child Marriage and shows the total commitment of the Government to prohibit and prevent this rampant social evil.
The Government of Karnataka also framed rules called the Prohibition of Child Marriage(Karnataka) Rules 2008 vide Notification No: WCD 377 SWW 2004 dated: 06.02.2008.
As per the provisions of sub section (1) of section 16 of the of
Regarding Child Marriages reported to have taken place on 18.05.2007 at Javalagiri village, the same has been investigated by the Deputy Director, Women Child Development, Raichur, in his report he has stated that out of 97 pairs of marriages that took place, 4 child marriages were prevented. Hence, no child marriage occurred on that date at Javalagiri Village.
The State Government has taken necessary measures to implement to Prohibition of Child Marriage Act 2006 by creating awareness among the public and by conducting workshops and awareness camps.
As per the directions of the High Court of Karnataka, in its order dated: 23.02.2010 the Government of Karnataka issued Government Order dated: 09.03.2010 for setting up a core committee consisting of 10 members with a view to prepare an action plan to prevent Child Marriages. The same is produced at Annexure -5.
Meanwhile as per the directions of the High Court, the Director, Women & Child Development called two meetings on 03.03.2010 and 20.04.2010 with a view to discuss and analyze the issue of Child Marriage and finalize an action plan ( The proceedings of the meetings are produced at Annexure – 6 and 7.
The High Court of Karnataka while disposing of the Writ Petition no. 11154/6 on 10.11.2010 (Aneexure-8) directed the State Government to setup a Core Committee in order to prepare an Action Plan to implement the Prohibition of Child Marriage Act 2006 effectively that mentioned in viagra wiki. The Government nullifying its previous order dated: 09.03.2010 issued a fresh order dated: 22.11.2010, setting up a Core Committee under the Chairman Ship of Justice Dr. Shivaraj V. Patil, former Supreme Court Judge (Annexure -9) with the following objectives.
Persons who can punished under the law include :
Following officers are child marriage prohibition Officers:
Whom to contact:
CHILD MARRIAGE PROHIBITION OFFICERS:-
Government appointed the following officers as Child Marriage Prohibition Officers at State, District and Taluk levels by vide notification dated 02-05-2008 and 16-11-2011.
Funcation and Duties of Child Marriage Prohibition Officer.
Following actions has been taken in the year 2012-13 as per core committee recomendations.
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