Rajasthan High Court Directs State Government to Prevent Child Marriages Ahead of Akshaya Tritiya

Jaipur- In a recent ruling, the Rajasthan High Court has issued a directive to the state government, urging it to take decisive action to curb the prevalence of child marriages across the state.

Ahead of Akshaya Tritiya, which falls on May 10 this year, the High Court has issued the stringent directive to prevent child marriages across the state.

This ruling comes at a significant juncture as the celebration of Akha Teej, also known as Akshaya Tritiya, in Rajasthan is closely associated with the tradition of child marriages.

During this occasion, a notable number of marriages occur, often involving young children, even toddlers, being wed while held in their parents' arms. This deep-rooted practice, stemming from ancient beliefs and cultural norms, has persisted through centuries, with children as young as six or eight historically being married off. The belief in fostering understanding and affection between spouses through familiarity from childhood underpins this tradition, which continues to shape social dynamics in Rajasthan.

Responding to a Public Interest Litigation (PIL) filed by Bachpan Bachao Andolan and others, the court underscored the urgency of addressing this pressing issue, particularly in light of alarming statistics revealed by the National Family Health Survey 5.

According to the survey findings, a staggering 3.7 percent of girls aged fifteen to nineteen years in Rajasthan have either become mothers or are pregnant, indicating a persistent challenge despite the existence of the Child Marriage Prohibition Act. The court highlighted the need for proactive measures to prevent such occurrences and emphasized the critical role of Panchs and Sarpanches in enforcing laws and regulations within their respective jurisdictions.

In its ruling, the court instructed the Registrar, Judicial, to disseminate copies of the order to all District Magistrates, including the Chief Secretary, for wider circulation among Panchayat leaders and relevant authorities. The directive also included a stern warning to Panchs and Sarpanches, indicating that they would be held accountable should they fail to prevent child marriages in their areas.

Furthermore, the court stressed the importance of seeking regular reports from Child Marriage Prohibition Officers regarding incidents of child marriages and the efforts made to prevent them. This proactive approach aims to enhance transparency and accountability in addressing the issue at the grassroots level.

The petition filed with the court highlighted the alarming prevalence of child marriages, with statistics revealing that 25.4 percent of women aged twenty to twenty-four years in Rajasthan were married before the age of eighteen. Notably, the prevalence of child marriages is higher in rural areas compared to urban areas, further underscoring the need for targeted interventions and robust enforcement of laws.

In response to the petition, Additional Advocate General BS Chhaba assured the court of the state government's commitment to combatting child marriages. He reiterated that individuals can report instances of child abuse and child marriage by dialing the toll-free number 1098.

The court, after careful consideration, issued directives to the state government to intensify efforts in preventing child marriages and ensure stringent enforcement of existing laws.

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