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Village heads to be held responsible if child marriages solemnised, orders High Court

  • Rajasthan High Court issued a directive to prevent child marriages in the state, emphasizing the accountability of village heads and panchayat members
  • Court's decision came in response to a PIL highlighting the persistence of child marriages despite the existence of the Prohibition of Child Marriage Act 2006
  • Village heads were instructed to take proactive measures to prevent child marriages and were warned of legal consequences under Section 11 of the Act if they failed to do so

02 May 2024

The Rajasthan High Court has issued a significant directive aimed at curbing the practice of child marriages in the state, emphasizing the accountability of village heads and panchayat members. This decision came in response to a Public Interest Litigation (PIL) seeking the court's intervention to prevent child marriages despite the existence of the Prohibition of Child Marriage Act 2006. The court's order, delivered ahead of the Akshay Tritiya festival on May 10, underscores the urgency of addressing this persistent issue.

During the hearing, the division bench of the court acknowledged the ongoing prevalence of child marriages in Rajasthan despite efforts to enforce existing laws. RP Singh, counsel for the petitioners, provided the court with a list detailing scheduled child marriages around Akshay Tritiya. In response, the court emphasized the responsibility of village heads, specifically sarpanches, under the Rajasthan Panchayati Raj Rules 1996 to prevent such marriages. The court directed the state government to take immediate action, stressing that village heads and panchayat members would be held accountable under Section 11 of the Prohibition of Child Marriage Act 2006 if they failed to prevent child marriages.

Quoting the court's order, "The respondents should also ensure that no child marriages take place within the state. Sarpanches and panchayat members should be sensitised and informed that they will be held responsible if they negligently fail to prevent child marriages from being solemnised." 

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