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Child Marriage · Litigation

Child Rights

Preventing child marriage through immediate notification of the authorities, and litigating the non-implementation of laws meant to prohibit it.

Context

Why this work exists.

When information about a child marriage is received, the organisation immediately notifies the District Child Protection Officer, the District Magistrate and the Superintendent of Police regarding the marriage arrangements. Parents of the accused are required to sign bond papers committing not to conduct the marriage.

Prevention at the individual level is not sufficient on its own. A Public Interest Litigation — Society for Enlightenment and Voluntary Action v. Union of India and Ors — is pending in the Supreme Court of India addressing the non-implementation of legislation prohibiting and penalising child marriage. We prepared a fact-finding ground report to support the petition.

How we work

What the programme actually does.

Immediate notification

On receiving information, notifying the District Child Protection Officer, District Magistrate and Superintendent of Police without delay.

Bond papers

Parents of the accused are required to sign bond papers committing not to conduct the marriage.

Strategic litigation

Supporting the pending Supreme Court PIL with a fact-finding ground report, seeking directions and a writ of mandamus requiring state authorities to implement the law.

Outcomes

What a closed case looks like.

  • Individual marriages prevented through immediate administrative notification
  • Officials held responsible for failures to prevent child marriages in their jurisdictions
  • Evidence supplied to the Supreme Court through a fact-finding ground report

Legal basis

The law we work under.

  • Child Labour (Prohibition & Regulation) Act, 1986
  • Society for Enlightenment and Voluntary Action v. Union of India and Ors (pending, Supreme Court of India)

Questions

Frequently asked.

What happens when a child marriage is reported?+

The organisation immediately notifies the District Child Protection Officer, District Magistrate and Superintendent of Police. Parents of the accused are required to sign bond papers committing not to conduct the marriage.

What does the Supreme Court petition seek?+

Direction to state authorities to implement the relevant legislation, a writ of mandamus requiring them to do so, and that government officials be held responsible for failing to prevent child marriages in their jurisdictions.

Bring us a case, or fund the next one.

Reports can be anonymous. Every case above began with someone deciding to speak.

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