Calcutta HC Pulls Up State Police For Rampant Child Marriages
Calcutta High Court Pulls Up State Police for Rampant Child Marriages
1. Context
Child marriage remains a serious social evil in India despite legislative measures. The Prohibition of Child Marriage Act, 2006 (PCMA) prohibits the solemnization of marriages where the bride is below 18 years and the groom below 21 years.
The Calcutta High Court recently expressed serious concern over the rampant incidence of child marriages in the state, particularly in districts where law enforcement agencies, including the police, have failed to act effectively.
2. Role of State Police and Judiciary
The police have a critical role in preventing child marriages, registering FIRs, investigating complaints, and prosecuting offenders under PCMA.
The court has supervisory jurisdiction to ensure that law enforcement agencies perform their statutory duties effectively.
The Court pulled up the police for inaction, negligence, and lax enforcement of the law.
3. Calcutta High Court’s Observations
The Court noted that child marriages are occurring openly and frequently in violation of law.
Despite receiving complaints or notices, the police are not taking prompt and effective action.
The Court warned the police to take suo moto cognizance and ensure stringent enforcement.
It emphasized the State’s obligation under Article 21 (right to life and dignity) to protect children from such harmful practices.
The Court issued directions for:
Regular monitoring of child marriage-prone areas,
Creating awareness campaigns,
Immediate registration of FIRs,
Coordination with women and child welfare departments.
4. Legal Framework
Prohibition of Child Marriage Act, 2006: Makes child marriage voidable and criminalizes the act of solemnizing and facilitating child marriages.
Protection of Children from Sexual Offences (POCSO) Act, 2012: Applies in cases where sexual intercourse is involved with a minor.
Indian Penal Code (IPC) Sections related to child marriage, cruelty, and trafficking may also apply.
5. Relevant Case Law
📌 Independent Thought v. Union of India, (2017) 10 SCC 800
The Supreme Court held that sexual intercourse with a minor wife under 18 is rape.
The Court emphasized strict enforcement of laws to protect children from early marriage and exploitation.
📌 State of Haryana v. Hukam Singh, AIR 1984 SC 469
The Court held that child marriage is a social evil and must be eradicated.
The police and administration have a duty to prevent such offenses.
📌 Gaurav Jain v. Union of India, (1997) 8 SCC 114
The Supreme Court directed authorities to take preventive and punitive measures against child marriages.
Police cannot remain passive but must actively enforce the law.
📌 Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945
Though primarily about maintenance, this case recognized the protection of women and children as a constitutional mandate.
6. Significance
The Calcutta High Court’s strict directions reinforce that child marriages cannot be tolerated under any pretext.
It sends a message to law enforcement to perform their statutory duties diligently.
It highlights the judiciary’s role as a watchdog for child rights and protection.
Encourages collaborative efforts between police, administration, and civil society.
7. Conclusion
The Calcutta High Court pulling up the State Police for rampant child marriages underscores:
The urgent need for proactive policing to curb child marriages.
Enforcement of laws protecting children is a constitutional obligation.
Courts will not hesitate to intervene where State agencies fail to uphold the law and protect vulnerable groups.
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