Maharashtra introduces stringent rules against child marriage

Maharashtra has strengthened its law against child marriage, by introducing New Maharashtra Prohibition of Child Marriage Rules, 2022. The rules have laid down steps to be taken to prevent child marriages in the state.

The new rules provide that any minor forced into child marriage shall be considered a child in need of care and protection as per the Juvenile Justice (Care and Protection of Children) Act and action would be initiated against the accused.

A notification on the rules was published on October 21 by the state Women and Child Welfare Department (WCD). The new rules are based on the recommendations made by a committee set up by the previous Maha Vikas Aghadi (MVA) government. The new rules supersede Maharashtra Prohibition of Child Marriage Rules, 2008.

The framing of the new rules was initiated after Yashomati Thakur as Women and Child Welfare Minister formed a committee in November 2020 to strengthen the rules, which she had said were inadequate to prevent child marriages.

The Prohibition of Child Marriage Act, 2006 and the Juvenile Justice Act (Care and Protection of Children) Act, 2015, together can provide care and protection to the victims of child marriages, according to social activists.

“While framing the rules we discussed various scenarios and loopholes, which lead to child marriages and need to fix accountability on officials tasked with handling these cases,” said advocate Rama Sarode, who was part of the committee.

According to the rules, if any child is absent from school for more than 15 days continuously without informing the school authorities, it shall be the responsibility of the principal or the headmaster to find out the reason for absenteeism and if it is due to the child marriage, they should inform to the Child Marriage Prohibition Officer (CMPO).

Among other provisions, the CMPO will collect and scrutinise data regularly for girl dropouts from schools, encourage gram sabhas to pass a resolution against the solemnisation of child marriages, create awareness against child marriages and keep contact with law enforcement agencies to prevent such marriages.

The rules specifically mention that irrespective of the geographical jurisdiction, no complaint regarding child marriage can be refused. A complaint regarding sexual abuse of a child, who has been married or is likely to be married received by the CMPO must be reported to the police under Section 19 of the Protection of Children from Sexual Offences Act, 2012.