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The Prohibition of Child Marriage Act , 2006

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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:

  • A girl child is generally considered to be a burden, and traditionally the attitude of the society has been to get her married as early as possible.
  • The justification used by parents and community is that of having to pay lower dowry when the bride and the groom are young. What they seem to forget is that giving or receiving dowry is crime under the Dowry Prohibition Act 1961.
  • The demand for a younger bride creates an incentive for families to marry the girl child early and avoid  high dowry payments for older girls.
  • Safety of the girl child from sexual violence and inability of the parents to guarantee such safety is yet another justification for child marriage. Early marriage is a way to ensure chastity and virginity of the bride.
  • Parents see marriage as a way to secure the girls future socially and economically.
  • Lack of education and awareness about the consequences of the child marriage, poor implementation of the law and lack of will and action on the part of the administration are important reasons for the continuation of child marriage.

 

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
Act 2006,  Child Marriage Prohibition officers have been appointed at State, District, Taluk and Hobli levels consisting of officers from various departments like Health, Education, Labour, Revenue etc., Four divisional level workshops were organized for the child marriage prohibition officers to orient them and also to build capacity to implement the PCM Act 2006 effectively. 293 child marriages were prevented during 2009-10, 2010-11 by these officers with the co-operation of local NGOs.

      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.

 

  • To create awareness on the consequences of Child marriage on overall development of girl child.
  • To analyse the existing constitutional and legal measures against child marriage.
  • To analyze the situation and provide suggestive strategies to prevent child marriage.
  • To expose the extent to which the practice is in vogue.
  • To suggest ways and means to eradicate the practice from  society and also prevent it to the extent possible.

 

Persons who can punished under the law include :

  • Who ever performs, conducts, or directs or abets any child marriage.
  • A male adult above 18 years marrying a child.
  • Any person having charge of the child including parent or guardian or any member of organization or association, promoting, permitting, participating in a child marriage or failing to preventing.

 

Punishment:

  • Two years of rigorous imprisonment  or Rs. 1.00 lakh fine or both
  • Under this Act all offences are enquirable and non bailable.

 

Following officers are child marriage prohibition Officers:

  • Deputy Commissioner, Deputy Director & Programme Officer of  Women & Child Develop.t Dept, Child Development Project Officer, Tahsildar,  labour Officer, Block Education Officer, Revenue Inspector, Village Accountant.

    

Whom to contact:

  • Contact the nearest child marriage prohibition Officer and register a case in nearest police Station.

 

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.

 

 

 

 

 

 

 

 

 

State Level

Director,

Women and Child Development Department

Project Director, ICPS, Department of Women and Child Development

Director General of Police, Range Inspector General of Police,  Police Department

Commissioner of Public Instruction, Education Department

State Project Director, Serva Shikshana Abhiyana

Secretary to Government, Revenue Department

Director,( Panchayath Raj) , Rural Development and Panchayath Raj Department

Commissioner, Health and Family Welfare Department

Commissioner, Labour Department

Commissioner, Social Welfare Department

Commissioner, Backward Classes Development Department

Director, Tribal Welfare Department

     

 

 

 

 

 

 

 

 

District Level

All Deputy Commissioner

All Deputy Directors,

Women and Child Development Department

All programme Officers,

Women and Child Development Department

Superintendent of Police,

Senior Child Welfare Officer of Special Juvenile Police Unit, Police Department

Deputy Director of Public Instruction, Education Department

Chief Executive Officers, Zilla Panchayat, Rural Development and Panchayath Raj Department

District Health Officer, Health and Family Welfare  Department

Deputy Labour Commissioner/Assistant Labour Commissioner, Labour Department

District Social Welfare Officer, Social Welfare Department

District Officer, Backard Classes Development Department

ITDP – Project Development Officers – Tribal Welfare Department

District Child Protection Officer ,ICPS,  Department of Women and Child Development

 

 

 

 

 

Taluk Levels

All Tahasildar, Revenue Department

All Labour Officers, Labour Department.

All Block Education Officers, Department  of  Public Instructions.

All Child Development  Project Officers,

Women and Child Development Department

Protection Officer , (Domestic Violence Act), Department of Women and Child Development

Circle Inspector, Police Department

 Executive Officer, Rural Development and Panchayath Raj

Taluk Medical Officer, Health and Family Welfare Department

Taluk Social Welfare Officer, Social Welfare Department

Extention Officers – Backward Classes Development Department

 

 

Gram Panchayath

All Village Accountants, Revenue Department.

Panchayath Development Officer, Department of Rural Development and Panchayath Raj

Jurisdiction Police Sub Inspector, Police Department.

 

Village Level

Head Master, Education Department

Revenue Inspectors, Revenue Department

   

 

City Corporation/ Municipality

All Revenue Officers, City Corporations/Municipalities.

Head Master, Education Department

Revenue Inspectors, Revenue Department

Health Inspector, Health and Family Welfare Department

Sr. Labour Inspector/Labour Inspector, Labour Department

 Jurisdiction Police Inspector, Police Department

 

 

Funcation and Duties of Child Marriage Prohibition Officer.

  1. The child marriage prohibition officer shall ensure that the organizers of mass marriages shall maintain register and a list of the proposed eligible couples to be married and record details after verifying their photographs, birth certificate/school certificate/medical certificate in proof of age from a registered medical practitioner.
  2. The child marriage prohibition officer shall ensure the person/applicant to avail the benefit of legal services available under karnataka legal services authority in obtaining injunction, prohibitory orders, custody orders maintenance orders and matters pertaining to the enforcement of the Act.
  3. The child marriage prohibition officer is empowered to move the court suo moto for getting interim orders like injunction, prohibitory orders, maintenance orders, custody orders and also getting suitable orders as to the residence of female contracting party to the child marriage.
  4. The child marriage prohibition officer shall maintain a directory of Non Governmental Organization registered under Karnataka societies Registration Act, 1950/Companies registered under the Companies Act,1956 or any other law for the time being in force.
  5. The child marriage prohibition officer at taluk level and at the district level shall report the statistics of the incidence of child marriage periodically(quarterly) as per section 16(3) (f) of the Act to the Director, women and child development in Form No-III.
  6. It is the duty of the child marriage prohibition officer to collect evidence and assist the court/Magistrate in effective prosecution of the cases.
  7. The child marriage prohibition officer shall facilitate in getting appropriate orders from the courts for custody of children born out of the child marriage.
  8. The child marriage prohibition officer shall provide all possible assistance to stop the child marriage and to ensure the person /applicant, police help,  if the event of occurrence of child marriage.
  9. The child marriage prohibition officer shall create awareness and sanitize the community about the provisions of the Act and its harmful effects on the of child marriage.
  10. The child marriage prohibition officer shall discharge his duties with due care, decorum, privacy and in a manner to uphold the dignity and harmony of the child and family relationship.
  11. The approach of the child marriage prohibition officer shall be primarily prevention of child marriage and it shall be a remedial one. Prosecution shall be recommended or resorted to only, if all other measures and directions are found ineffective or parties fail to comply with the orders or directions within the stipulated time.
  12. The child marriage prohibition officer shall prevent the solemnization of child marriage by taking  such action as he deems fit. While doing so he take the assistance of the respectable members of the locality, with a record of social service.

 

Following actions has been taken in the year 2012-13 as per core committee recomendations.

 

  1. For the effective implementation of committee recommendation Child Marriage Prohibition monitoring cell has been created at Directorate of women & Child development vide Govt. order No.MaMaE/501/SJD/2011 dated 16/11/2011, consists of 1 Deputy Director, 1 Assistant Director and 2 First division assistants.  2 computer operators and 1 group ‘D’ from out source.
  2. For implementation of Prohibition of Child Marriage Act -2006, An amount of  Rs. 150.00 Lakhs has been released and incurred an expenditure of Rs.110.62 lakhs  for various programmes.
  3. To create awareness intensively and continuously the department has broadcasting  “Jeevana Mallige Aralali Mellage” programme through Akashavani. This program is broadcasting on every Friday morning 7.15 AM to 7.30 AM & in FM Rainbow every Saturday from 8.45 AM to 9-00 AM
  4. Cash prize of Rs.500/- is  given to winners of radio programme every week.
  5. 147  Child Marriages were prevented during 01-04-2012 to 31-03-2013
  6. Awarness  about consequences of Child Marriage has been created through  Street play, Cycle Jatha and Kala Jathas in 17 districts. 
  7. Wall Writing at 10 places each taluk & 10 places in each district about consequences of child Marriage and punitive provisions to create awareness among general public..
  8. Core committee report has been translated to Kannada & distributed to all govt depts., NGOs, CMPOs, legal service authority etc.,
  9. Conducted elocution competition among school & college students about prohibition of child marriage in all districts.
  10. Printed & distributed brochures  & FAQs to all districts.
  11. printed stickers about prohibition of child Marriage.
  12. All district level Child Marriage Prohibition officers  were trained at Bangalore
  13. 5 types of posters has been developed and printed with the help of UNICEF. And distributed all districts and taluks.
  14. Department conducted training programme to taluk level Child Marriage Prohibition officers  of 15 districts. Action being taken to conduct training to remaining districts.
  15. Anganawadi Training Centres Principals and Faculties trained about prohibition of child marriage.
  16. The department developed documentary film KAMALI about prohibition of child marriage.
  17. Exhibited 300 hoardings at 300 places throughout the state with the help of state information department.
  18. A meeting was conveyed under the Chairmanship of principal Secretary, Department of Women and Child Development to all state govt department principal secretaries to review the  action taken by the concerned department about recommendations of core committee report.
  19. Education department has included subject about child marriage issues in 5 th & 8th standard text books. Department has requested education department to include in other class syllabus also.
  20. Informed CDPOs and anganavadi supervisors to attend makkala grama sabha & discuss about child marriage issues
  21. Materials related to child marriage sent to police academy & police training colleges and administrative training institute & NIPCCD  to include in the training manuals.
  22. Department has taken action for vulnerability mapping of children at risk of getting married below age.
  23. An amount of Rs.200.00 lakhs ear marked for the year 2013-14

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