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NITIN JAMDAR, S. MANU
Suo Motu Proceedings Initiated On Communication Received From Member Secretary, Kelsa Regarding Conflict of Customs of Tribal Members of Wayanad With Provisions of Pocso Act. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Nitin Jamdar, C. J.
This suo motu Petition concerns the practice of child marriage prevalent among the members of the tribal communities in Wayanad District.
2. As per 2011 Census data, almost one-third of the total tribal population of Kerala comprising communities such as Paniyas, Mullukurumas, Adiyars, Kurichyas, Ooralis, Kattunaikkans, Kanduvadiyar, Thachanadar and Kanaladi, is in Wayanad District. As a customary practice, the members of these communities often marry at an early age. As a result, the penal provisions of the Protection of Children from Sexual Offences Act , 2012 (PoCSO Act) are attracted and many face trial for offences under the Act. On this issue, in the year 2016, the District Legal Services Authority (DLSA), Wayanad, submitted a report to the Kerala State Legal Services Authority (KeLSA). KeLSA placed the report with a request to register a Public Interest Litigation. The Division Bench, by order dated 1 August 2016, admitted the petition and issued notices.
3. On 19 January 2018, the Union of India, represented by its Secretary, Ministry of Women and Child Development, and the National Commission for Protection of Child Rights, represented by its M
Child marriage violates fundamental rights and requires a multifaceted approach, including awareness programs and community engagement, to effectively combat the issue.
Child marriage violates fundamental rights under Article 21, including choice, autonomy, health, and education, obligating the state to prioritize prevention over penalization through robust legal an....
Prohibition of Child Marriage Act, 2006 supersedes Muslim personal law.
Prohibition of Child Marriage Act, 2006 supersedes Muslim personal law.
The Prohibition of Child Marriage Act, 2006 applies universally to all citizens of India, overriding personal laws, and establishes that child marriages are voidable at the option of the minor, reinf....
Point of law: Concept of quality education can have meaning only if orientation on sexual offences and the means to prevent them are imparted at school level itself.
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