Identify areas where child marriages are prevalent: Bombay HC

Bench was hearing petitions highlighting rise in number of deaths among tribals due to malnutrition

The Bombay High Court on Monday directed district Collectors and magistrates across Maharashtra to conduct a survey in their jurisdiction and identify areas where child marriages are still prevalent.

A Division Bench of Chief Justice Dipankar Datta and Justice M.S. Karnik was hearing a bunch of public interest litigation petitions highlighting an increase in the number of deaths among tribals due to malnutrition.

The court said, “We have learnt from reliable sources that even now, girls are married off at a young age [in Maharashtra’s tribal belts]. They are as young as 15 when they are married and they conceive early. It often leads to the death of both the mother and child. We must stop this practice. Whatever we spend will go down the drain unless we make them understand that 18 is the legal age of marriage, else, we can’t protect girl children,” the Bench said.

Advocate General Ashutosh Kumbhakoni assured the court that steps were taken to sensitise the tribal population and to make healthcare more accessible.

He said, “We are letting them preserve their traditions … not bringing them to flats. But, we are taking steps to ensure that there are no deaths in tribal areas due to malnutrition."

However, the court said, “They can have their own traditions, but they must be sensitised that the law is in their interest. Only then can we protect the girl child."

The Bench directed, “Let Collectors and magistrates go to the identified areas in their districts and conduct a survey [to check for child marriages and children’s deaths due to malnutrition]." The court told one of the petitioner's lawyers to submit a list identifying the districts by evening and then it would pass an order.