The Kerala High Court recently directed the State and its authorities to conduct awareness programs aimed at preventing child marriage among the tribal communities of Wayanad [Suo Motu v. State of Kerala & Ors]. The Court initiated the suo motu case in 2016 following a public interest litigation (PIL) filed by the Kerala State Legal Services Authority (KeLSA) based on concerns raised by the District Legal Services Authority (DLSA) in Wayanad.
The DLSA report highlighted the increasing number of cases where members of tribal communities faced prosecution under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) due to customary early marriages. The petition sought to address the legal implications of such practices, which are deeply rooted in tribal traditions but conflict with modern legal frameworks.
On March 3, a Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu observed that child marriages persist in tribal communities due to the absence of a proper legal framework to regulate tribal marriages. The Court emphasized that such practices, despite being customary, cannot be allowed to continue as they adversely affect children’s health, education, and personal autonomy.
“The lack of a legal framework regulating tribal marriages has allowed these customs to persist. However, the long-standing nature of this practice cannot justify its continuation. The prevalence of child marriage in tribal areas, though historically entrenched, must be addressed to safeguard the rights and well-being of children,” the Court stated.
While acknowledging the gravity of the issue, the Bench also recognized the limitations of judicial intervention. It noted submissions by amicus curiae, Senior Advocate P. Vijayabhanu, and KeLSA’s counsel, Senior Advocate Santhosh Mathew, who argued that the Court cannot lower the age of consent exclusively for tribal communities to shield them from POCSO Act prosecutions. They emphasized that addressing the issue requires amendments to multiple laws, which fall outside the scope of the PIL.
“The problem is complex and necessitates changes to various laws, which are beyond the purview of this petition. While intervention is needed, the limits of judicial authority must be respected,” the Court observed.
Emphasis on Awareness and Community-Based Interventions
The Court stressed that awareness programs and community-based initiatives are crucial to tackling the issue. Noting the efforts of several Non-Governmental Organizations (NGOs) and individuals already working in this area, the Court directed KeLSA to support and enhance these initiatives. It instructed KeLSA to conduct programs highlighting the adverse effects of child marriage and to educate tribal communities about children’s rights under Articles 21 and 21-A of the Constitution of India.
The amicus curiae, Vijayabhanu, highlighted that community-based sensitization efforts, rather than stringent prosecution, would yield more sustainable results in eradicating child marriage. The Court agreed and directed KeLSA to launch an extensive awareness campaign in Wayanad, targeting schools, tribal settlements, and community centers. This campaign is to be based on an action plan submitted by the DLSA.
Key Directives by the Court
- Awareness Programs in Schools: The Court ordered the State to conduct awareness programs against child marriage in all upper primary, high, and higher secondary schools in Wayanad within three months, in collaboration with the Education and Tribal Departments.
- Educational Films and Posters: The Court called for the screening of educational films and the distribution of informative posters as part of sensitization efforts.
- Training for Officials: Specialized training sessions for officers from the Tribal and Education Departments were mandated to address school dropouts and reduce child marriage prevalence.
- Progress Reports: The Secretary of KeLSA was directed to submit biannual reports to the Executive Chairman, detailing the progress and measures undertaken.
- Annual Reviews: The Court emphasized the need for annual reviews to assess the effectiveness of the awareness programs.
KeLSA was also granted the liberty to approach the Court for further directions if necessary. With these directives, the petition was disposed of.
Representation
Government Pleader Latha Thankappan appeared for the State, while Senior Advocates P. Vijayabhanu and Santhosh Mathew represented the amicus curiae and KeLSA, respectively.
Conclusion
The Kerala High Court’s decision underscores the importance of addressing social issues like child marriage through awareness and community engagement rather than relying solely on legal prosecution. By focusing on education and sensitization, the Court aims to protect the rights and well-being of children in tribal communities while respecting their cultural context. This approach highlights the judiciary’s role in balancing legal mandates with social realities to achieve meaningful change.
