IMPORTANT POINT
Child marriage violates fundamental rights and requires a multifaceted approach, including awareness programs and community engagement, to effectively combat the issue.

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 Member Secretary, New Delhi, were joined as party Respondents. Further, on 23 June 2021, the KeLSA was directed to submit a detailed report on the awareness programs conducted for the tribal community people of Wayanad regarding the provisions of the PoCSO Act vis-a-vis customary marriages. The Authority was also directed to furnish the details of the number of cases registered, pending trial, and the concluded cases. The Petition thereafter remained pending from 2021.

4. We have heard Mr. Santhosh Mathew, the learned Senior Advocate along with Adv. Mr. Mathew Naveen Thomas, for the Kerala State Legal Services Authority, Mrs. Latha Thankappan, the learned Government Pleader, and Mr. P. Vijayabhanu, the learned Senior Advocate appointed as Amicus Curiae in the writ petition.

5. The age of consent, both under the Indian Penal Code , 1860, and the Protection of Children from Sexual Offences Act , 2012, is eighteen. In the present case, the concern highlighted is the marriages between the members of the tribal community below the age of 18. The key law in this regard is the Prohibition of Child Marriage Act , 2006 (PCMA). Under this Act, a Child is, a male under 21 years of age and a female under 18 years of age. Child Marriage is defined as a marriage where at least one party is a Child. The purpose of the PCMA is to eliminate child marriage, a practice that remains widespread in some parts of the society.

This law aims to protect the health of the children and improve the status of women, particularly addressing the harm faced by child brides.

6. Reports by the United Nations Children's Fund (UNICEF) and the United Nations Population Fund (UNFPA) have highlighted the evils of child marriages. Child marriage is a grave violation of human rights, which particularly affects the young girls. It endangers their health, education, and future, often leading to early pregnancies, high maternal mortality, and exposure to domestic violence. Girls married at a young age are often denied education, economic opportunities, and autonomy over their own lives. Many are forced into these marriages without informed consent, perpetuating cycles of poverty and gender inequality. In tribal communities, this practice remains deeply ingrained, driven by tradition, poverty, and a lack of legal oversight. Ending child marriage requires legal and social intervention.

7. The Hon’ble Supreme Court, in the case of Independent Thought v. Union of India and Another , (2017) 10 SCC 800 , addressed the issue of child marriage. It referred to the report A Statistical Analysis of Child Marriage in India based on Census 2011, published in June 2017. The Report states that child marriage violates human rights and hinders youth development. It forces children into marriage before they