The Kerala High Court has taken a significant step to address the prevalence of child marriages in the tribal communities of Wayanad by directing the Kerala State Legal Services Authority (KeLSA) to initiate awareness programs. The decision was made by a Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu in response to a suo motu petition.

Background of the Case

The case originated from a report submitted by the District Legal Services Authority (DLSA), Wayanad, highlighting the deep-rooted practice of child marriages among tribal communities such as Paniyas, Mullukurumas, Adiyars, and Kurichyas. Many members of these communities face legal action under the Protection of Children from Sexual Offences (POCSO) Act due to marriages involving minors.

While recognizing the limited scope of judicial intervention in altering traditional customs, the Court emphasized the need for long-term awareness programs to curb this practice. The Court noted that NGOs and public-spirited individuals are already working to tackle this issue and directed KeLSA to contribute actively to these efforts.

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The Court laid out a structured action plan for sensitization initiatives, focusing on education and legal awareness. The key directives include:

• School-Based Awareness: Awareness programs will be conducted in Upper Primary, High, and Higher Secondary Schools in Wayanad within three months. The Education and Tribal Departments will ensure that all students attend at least one session annually.
• Community Sensitization: Similar awareness sessions will be held in tribal settlements, engaging Scheduled Tribe promoters, para-legal volunteers, and the Tribal Department.
• Training for Officials: Officers from the Tribal and Education Departments will receive training on preventing school dropouts and addressing child marriages.
• Legal Empowerment: The DLSA will train the District Child Protection Unit and tribal promoters on the Magistrate’s authority to issue injunctions against child marriage and guide them in seeking legal recourse.
• Annual Review & Monitoring: KeLSA will review the implementation of the awareness programs every three months, identifying obstacles and suggesting corrective measures.
• Use of Media for Awareness: The Court suggested leveraging films and posters to disseminate information about the harmful consequences of child marriages.

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The Court highlighted the relevance of the Gothra Vardhan Scheme, a KeLSA initiative aimed at uplifting tribal communities by addressing critical issues like education, poverty alleviation, healthcare, and legal awareness. The awareness campaign against child marriages will be integrated into this scheme for sustained impact.

Referring to the Prohibition of Child Marriage Act (PCMA), 2006, the Court reiterated that child marriage remains illegal, with minors defined as males under 21 and females under 18. It also cited reports from UNICEF and UNFPA that underscore the devastating impact of child marriages, particularly on young girls, leading to early pregnancies, poor health outcomes, and economic dependency.

“Child marriage is a violation of human rights and perpetuates gender inequality. Legal and social interventions are necessary to eradicate this harmful practice.” – Kerala High Court

The Court also referenced the Supreme Court’s verdict in Independent Thought v. Union of India (2017), which recognized child marriage as a major violation of children’s rights under the United Nations Convention on the Rights of the Child (1989).

The Secretary of KeLSA will be responsible for submitting progress reports every six months to the Executive Chairman of KeLSA. If further intervention is required, KeLSA has been granted the liberty to approach the Court.

In light of these directives, the Court disposed of the petition while ensuring a robust monitoring mechanism is in place to assess the effectiveness of the awareness programs.

Case No: WP(C) 25285 of 2016

Case Title: Suo Motu v State of Kerala and Others