The Bombay High Court on Monday noted that since child marriage is rampant in Melghat and other tribal regions in Maharashtra, there is a rise in malnutrition cases as young girls are subjected to multiple pregnancies even before they attain the majority. The HC said that a girl child can only be saved and protected after the tribal communities are made aware that the legal age to marry is 18 years.
A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik was hearing a clutch of petitions highlighting the high mortality rate of infants and pregnant and lactating mothers in tribal regions of the state, particularly in Melghat, due to malnutrition.
On Monday, when the matter was called out, Chief Justice Datta said that he has learnt from his 'reliable sources' that child marriages continue to take place in several places across the state.
"I have learnt from my reliable sources that even now, girls are married off at a young age in the state's tribal belts," CJ Datta said, adding, "The girls are as young as 15 years when they are married and subsequently they conceive early i.e. by the age of 16 years."
"It often leads to the death of both the mother and child due to the multiple pregnancies and deliveries...We must stop this practice at the earliest," the Chief Justice remarked.
CJ Datta further pointed out that till the time the tribal communities aren't made aware of the laws pertaining to marriage, the state won't be able to successfully implement any of its decisions to bring down the death rate in the tribal regions. "Whatever you spend will go down the drain unless these communities are made to understand that 18 is the legal age of marriage. If they aren't made aware of this then we won't be able to protect girl child," CJ Datta observed.
At this, state advocate general Ashutosh Kumbhakoni said that the state has taken steps to sensitize the tribal communities of the marriage laws etc. "We have allowed these communities to preserve and protect their traditions and cultures and at the same time continuous efforts are being made to ensure that there is no death due to malnutrition," the advocate general submitted, adding, "Steps have also been taking to sensitize them about the marriage laws."
"Mr AG, we believe that the tribals can have their own traditions and culture but they need to be sensitized. They need to be made understood that the marriage laws are for their better," CJ said, adding "It is only then we can protect the girls."
Accordingly, the bench said it would be passing orders directing the special Magistrates and Collectors of all the districts in Maharashtra, where the practice of child marriage is prevalent to conduct surveys regarding child marriages and the deaths due to malnutrition. It has ordered advocate Uday Warunjikar to identify such districts where the practice is rampant and continues to affect the tribal population so that a proper order could be passed.
