Saturday , November 16 2024

Early engagement violates freedom of 'choice of partner'

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New Delhi: The Supreme Court has given an important decision on child marriage and issued guidelines saying that child marriage cannot be banned under any personal law tradition. A public interest litigation (PIL) filed by an NGO has alleged that child marriage laws are not being systematically implemented at the state level. Due to which cases of child marriage are also increasing. The Supreme Court has declared guidelines for the entire country in this matter and has challenged all the states to stop child marriage.

After hearing this petition, the Supreme Court issued guidelines against child marriage, saying that parents appointing their teenage sons or daughters for marriage before reaching adulthood violates the rights of minors to freely choose their life partner. Is. During the hearing, the Supreme Court asked the Central Government to communicate with the states and tell them what steps have been taken to effectively implement the Child Marriage Prohibition Act.

While delivering this judgement, Chief Justice DY Chandrachud said that more attention should be paid to stopping child marriage as punitive action against those who practice child marriage is the last resort. Different strategies should be prepared for each community, for this police officers should be given special training. It is important to make people aware against child marriage. The implementation of the law against child marriage cannot be prevented by any personal law or tradition. Everyone has the freedom to choose a life partner of their choice and child dispute violates this freedom. Child marriage is a social evil.

The Chief Justice said that child marriage deprives children of fully enjoying their childhood. Girls who are married illegally are forced to live away from their parents and family environment. Such girls are later left at the mercy of their in-laws. Later he gets burdened with responsibilities. The 2019-21 National Family Health Survey report revealed that 23.3 per cent of minors under the age of 18 and 17.7 per cent of minors under the age of 21 are engaged in child marriage.

District police chief also responsible: Supreme Court's strict order

-District Responsibility of officers should be fixed at the level, action should be taken against officers who do not implement.

-District Level officers will not be burdened with other tasks, they will only be entrusted with the responsibility of preventing child disputes.

, If officials do not have adequate facilities to perform their duties, submit a report to the State Ministry of Child and Women Development.

, The Ministry of Child and Women Development will try to resolve this report within three months of receiving it.

, All district heads or district level police chiefs will also be responsible for preventing child marriages and will be free to take action against those performing child marriages.

, The Home Ministry will consider setting up a special police unit to prevent child marriage.