Bombay HC Asks for Report Card of Child Marriage Prohibition Officers 

Mumbai: Underlining the “important role of child marriage prohibition officer (CMPO)”, the Bombay High Court on Wednesday directed the state government to file an affidavit giving details on the number of CMPOs in the state. It also asked to mention how these officers have prohibited child marriages since 2018-19 while seeking details of action taken against a CMPO if the officer was found guilty for dereliction of duties. The court gave the directions when the state advocate was unable to give the number of such officers appointed across Maharashtra.

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor was hearing a public interest litigation (PIL) filed by a Pune-based NGO 'Child Marriage Prohibition Committee' and social activists. The plea alleged that more than one lakh child marriages have taken place in the state in the last one year.

PIL on Prevention of Child Marriage (PCM) Act

The PIL, filed through Advocate Ajinkya Udane, had sought that rules be framed for effective implementation of the Prevention of Child Marriage (PCM) Act. It also sought direction to register offences of child marriage and initiate processes for cancelling them. 

Earlier, the government had filed an affidavit, stating that the CMPOs prevented 1,767 child marriages in the state from 2018-19. However, no explanation was given on how the figure was arrived at. “We presume that the information was supplied by the CMPO. The affidavit was silent on the number of CMPOs in the state,” the bench noted.

Asserting that the role of a CMPO is to prevent child marriages, collect evidence, advise residents, create awareness and sensitise locals, the court underscored that the government has to appoint CMPO as per the PCM Act.

These officers are empowered to enter premises where child marriage is taking place, demand documents and conduct inquiry, which is to be completed in three months. According to the legal provision, the CMPO shall report in the first week of every month about the steps taken to implement the Act. In case, the officer fails to perform his duties, he shall be subjected to disciplinary action.

The government's affidavit contended that to protect the rights/identity and protection of the child involved in the marriage, it's not always found proper to report the cases owing to the ramifications, including the socio-economic factor.

The HC has kept the PIL for hearing on August 2.

State-wise data of child marriages prevented

2018-2019

187

2019-2020

240

2020-2021

519

2021-2022

821