SC sceptical of child marriage data in some States/UTs, including Nagaland

Moa Jamir
Dimapur | October 21

Despite the near-universal agreement on the ills of child marriage, its commission and prevalence remain sobering, the Supreme Court observed in a significant judgment on October 18 issuing slew of guidelines to the Centre, States and other authorities to ensure that the Prohibition of Child Marriage Act of 2006 (PCMA) achieves its objective. 

Incidentally, in a 141-page judgment, the bench comprising of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra expressed scepticism over the claim that several States and Union Territories (UTs), including Nagaland, reported no cases of child marriage over the past three years. 

The Court noted that child marriage, the practice of marrying children before they reach the legal age, is a social evil and a criminal offence under the law. 

As per the PCMA 2006, a “child” is defined as a male under 21 years of age or a female under 18, with child marriage being a union involving at least one underage party.

Observation on ‘zero’ case States &UTs 
The ruling followed a petition by the Society for Enlightenment and Voluntary Action, an NGO working against child marriage, which approached the Court under Article 32 of the Constitution, highlighting the alarming rate of child marriages in India despite PCMA 2006.

The petitioner sought guidelines to address the failure of authorities to curb such marriages.

The Court referenced the National Family Health Survey (NFHS) 2019-2021, which reported that 23.3% of girls under 18 and 17.7% of boys under 21 were married. These statistics are based on a survey of women aged 20-24 and men aged 25-29. 

The Court acknowledged that child marriage rates have dropped significantly since the PCMA’s enactment, 47% to 27% in 2015-16 and 23.3% in 2019-2021.

However, the Court raised concerns over the absence of registered cases in some states including Nagaland. 

Data presented in the Lok Sabha in August 2024 revealed that no cases were registered under the PCMA 2006 between 2018 and 2022 in Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and the UTs of Andaman and Nicobar Islands and Puducherry.

A total of 1002 were registered in India in 2022, highlighted the data based on the National Crime Records Bureau (NCRB) reports over the years.

While the figure might suggest a low incidence of child marriage in these areas, the Court observed that it could also indicate underreporting or a lack of awareness among authorities and communities. 

It further observed that States and UTs like Chhattisgarh, Chandigarh and Puducherry, which reported very low figures or none at all, raise questions about the consistency and accuracy of data reporting processes.

The number of cases leading to FIRs is relatively low across most states compared to the number of marriages reported, highlighting potential gaps in legal action and prosecution efforts, it said. 

Even in states with high intervention rates, the limited legal action suggests that additional support may be needed to ensure accountability and deterrence, it added. 

Thus, the Court called for a more comprehensive look across all regions that include variations in the effectiveness of interventions.

Child marriage in Nagaland: A closer look
Official records show no cases of child marriage registered in Nagaland under the PCMA since 2010 when the NCRB first started publishing data of crimes under the Act. 

However, this does not necessarily reflect the non-existence of girls or boys marrying or startong family without completing their legal age.

The periodic NFHS reports offer some insights. 

The latest NFHS-5 (2019-20) data indicated that 5.6% of women aged 20-24 in Nagaland were married before turning 18, with higher rates in rural areas (7.3%) compared to urban areas (2.4%). 

Among men aged 25-29, 5% were married before 21, with a higher prevalence in urban areas (7.4%) than rural areas (2.8%).
However, the rate of child marriage for women fell significantly from 18% in NFHS-3 to 13.4% in NFHS-4 (2015-16) and 5.6% in NFHS-5.  Similarly, the rate for men dropped from 8% to 5% from NFHS-4  to NFHS-5.

Besides, a total of 3.8% of women aged 15-19 in Nagaland were either mothers or pregnant during the NFHS-5 survey, compared to the national figure of 7%. 

Likewise, 5% of men age 25-29 years was married before 21 year as per the survey.

This suggests that marriage or family formation before the legal age persists in the State, supporting the Court’s view that underreporting and lack of awareness may be contributing to the apparent absence of registered cases.

Supreme Court’s Guidelines for ‘Elimination of Child Marriage’*

The Supreme Court, on October 19, issued several guidelines outlined as ‘Way Forward,’ aimed at eliminating child marriage. These guidelines are directed at various stakeholders and are organised under nine key areas, taking into account the complex socio-economic factors involved.

I. Legal Enforcement
•    State/UTs Government to appoint officers solely responsible for discharging the functions of Child Marriage Prohibition Officers (CMPOs) at district level.
•    To enable personal accountability and ensure immediate preventive measures against any planned solemnisation of child marriages, State and UT to upload quarterly reports from CMPOs on their official websites.
•    Ministry of Women and Child Development (WCD) and Home in each State/UT were also to conduct quarterly performance reviews of CMPOs and law enforcement agencies to assess the effectiveness of child marriage prevention initiatives.
•    WCD Ministry directed to execute mandatory training refreshers for CMPOs every six months. 
•    Besides, CMPO, the Collectors (DCs) and Superintendents of Police (SPs) in each district were given responsibility for actively preventing child marriages within their districts. They were directed to inform the State Government about any impediments in the discharge of their functions.
•    State and UT Governments directed to constitute a State Special Child Marriage Prohibition Unit (SCMPU) and where there are more than one CMPOs in any district, a District-level SCMPU– comprising of all the CMPOs, five social workers having experience of working against child marriage or on child rights. The Unit to act as a forum of sharing best practices, inviting trained professionals to dispense knowledge and collectivise and redress grievances.
•    State Ministries of Home Affairs directed to consider the viability of integrating the Special Juvenile Police Unit (SJPU) into the child marriage prevention framework.

II. Judicial Measures
•    Under judicial measures, the Supreme Court directed all Magistrates vested with authority under Section 13 of the PCMA 2006 to take proactive measures, including issuing suo motu injunctions to prevent the solemnisation of child marriages.
•    Magistrates directed to focus on “auspicious days” known for mass weddings, when the occurrence of child marriages is ‘notably high.’
•    Exploration of Special Fast-Track Courts for Child Marriage Cases and a status report within a year.
•    Strict disciplinary and legal action against any public servants found to be in deliberate neglect of duty concerning child marriage cases within their jurisdiction. 

III. Community Involvement 
•    The Supreme Court recognised community involvement as key to curbing child marriage and directed each State and UTs to develop an Annual Action Plan incorporating Key Performance Indicators (KPIs) that reflect local cultural and social contexts. 
•    Adoption of the ‘Child Marriage Free Village’ initiative encouraging Panchayats and community leaders to play an active role in preventing and reporting child marriages.

IV. Awareness Campaigns:
•    CMPOs-led regular, structured awareness campaigns across schools, religious institutions, and Panchayats. Schools and local institutions must conduct monthly informational sessions
•    All States and UTs directed to integrate comprehensive sexuality education into school curricula in line with the framework prescribed by the WHO and leading thoughts in the field of CSE.
•    Educational Materials and Community Awareness Tools, Empowerment Programs for Girls and Young Women, Targeted Community Awareness Campaigns
•    Comprehensive awareness of helpline numbers such as Childline (1098) and Women Helpline (181) should be included in all educational materials and community campaigns

V. Training/Capacity Building:
•    Training/Capacity Building for Community Health Workers and Educators, Law Enforcement and Judicial Officers; Teachers and School Administrators, Local Leaders and Community Influencers; and Engagement with Non-Governmental Organisations (NGOs).

VI. Educational and Social Support
•    WCD Ministry directed to consider the viability of implementing comprehensive educational incentive programmes specifically targeted at girls at risk of child marriage including scholarships, stipends or financial support and creating mentorship programmes.
•    WCD Ministry directed to consider developing and implementing social welfare programmes to assist families at risk of engaging in child marriage.
•    Chief Secretaries of all States/UTs to designate an appropriate authority to ensure convergence of services across various government departments and agencies to create a cohesive support system for vulnerable and at-risk communities

VII. Monitoring and Accountability
•    National Legal Services Authority to formulate a Standard Operating Procedure  (SOPs) that provides comprehensive guidelines for legalsupport services, and long-term rehabilitation plans related to the prevention, protection, and rehabilitation of victims of child marriage for lawyers and law-enforcement officers. The SOP should be dispatched to all States and District Legal Services Authority and used in assisting aggrieved victims;
•    WCD Ministry in consultation with State Child Protection Societies and local government bodies, to draft SOPs focused on maintaining detailed registers of awareness programs and capacity-building initiatives; child marriages prevented and reported; and Follow-up actions.

VIII. Technology-Driven Initiatives 
•    MHA, in collaboration with the WCD Ministry and the NALSA, to establish a designated portal for online reporting of child marriages.  
•    Among others, the portal should include features for anonymous reporting, allowing victims and concerned citizens to easily lodge complaints and access support services; and  serve as a centralised platform for collecting and analyzing data on child marriage incidents, enabling targeted interventions.
•    Each State and UT to make all endeavours to disseminate information against child marriage across all print, digital and social media.

IX. Funding and Resources
•    The relevant ministries of the Union Government to recommend the allocation of a dedicated yearly budget for each State specifically aimed at preventing child marriage and supporting affected individuals. 
•    State Governments are directed to institutionalise the Juvenile Justice Fund established under Section 105 of the JJ Act.
•    WCD Ministry  requested to consider the viability of providing compensation to girls who opt out of marriage upon reaching the age of majority under the NALSA Victim Compensation Scheme or respective State Victim Compensation Schemes. 
•    SPs and DCs directed to identify instances of child marriage and monitor children at risk of dropping out of school due to socio-economic challenges or threats of early marriage. 
•    Provision of stipends and fellowships to support continued education and mitigate the factors contributing to child marriage for at-risk children.

*The list is not exhaustive, and further details are available in the Judgment and Order for Writ Petition (C) No. 1234 of 2017 (Society for Enlightenment and Voluntary Action & Anr vs. Union of India & Ors), accessible on the Supreme Court of India website.

Source: https://morungexpress.com/sc-sceptical-of-child-marriage-data-in-some-statesuts-including-nagaland