The Court directed the KeLSA to coordinate awareness programs to sensitize members of tribal communities in Wayanad against child marriages.
The Kerala High Court recently instructed the State and its authorities to conduct awareness programs aimed at preventing child marriage within Wayanad’s tribal communities [Suo Motu v State of Kerala & ors].
The Court had taken up the matter suo motu in 2016 after the Kerala State Legal Services Authority (KeLSA) filed a public interest litigation (PIL) highlighting related concerns.
KeLSA’s petition was based on a report from the District Legal Services Authority (DLSA) in Wayanad, which expressed concern over the rising number of prosecutions under the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act), due to customary early marriages within tribal communities.
The petition was submitted to examine the legal consequences of customary child marriages within tribal communities.
On March 3, a Division Bench comprising Chief Justice Nitin Jamdar and Justice S Manu noted that child marriages continued among tribal populations due to the absence of a well-defined legal framework governing tribal marriages.
The Bench further emphasized that such practices could not be permitted solely on the basis of tradition, as early marriages adversely affect children’s health, education, and personal autonomy.
“The absence of a legal framework regulating tribal marriages has allowed these customs to persist. However, the long standing nature of this practice cannot be the sole justification of its continuation. The prevalence of child marriage in the tribal areas, though historically entrenched, needs to be addressed to protect the rights and well-being of the children,” the Court said.
However, the Bench recognized the limitations of its authority in intervening in such matters.
It also considered the argument presented by amicus curiae, Senior Advocate P Vijayabhanu, and KeLSA’s counsel, Senior Advocate Santhosh Mathew, that the court cannot issue judicial orders to lower the age of consent exclusively for tribal communities to shield individuals in customary child marriages from prosecution under the PoCSO Act.
“They submitted that the problem is complex and, to address it, requires changes to multiple laws, which are beyond the scope of this Public Interest Petition. While the need for intervention exists, the scope of judicial intervention has to be kept in mind,” the Court opined.
The Court stressed the importance of awareness programs and community-driven initiatives in addressing this social issue.
Recognizing that several Non-Governmental Organisations (NGOs) and individuals were already working to combat the problem, the Court directed KeLSA to assist in these ongoing efforts.
It further instructed KeLSA to organize programs that highlight the harmful effects of child marriage and educate tribal communities on children’s rights as protected under Article 21 and Article 21-A of the Indian Constitution.
The Court also acknowledged the submission by amicus curiae Vijaya Bhanu, emphasizing that community-based sensitization efforts, rather than strict prosecution, would be more effective in achieving long-term eradication of child marriage.
The Court directed KeLSA to implement a comprehensive awareness campaign in Wayanad, focusing on schools, tribal settlements, and community centers, in accordance with an action plan submitted by the DLSA.
It further stated that these awareness sessions should be conducted within the next three months, in collaboration with the State’s Education and Tribal Departments.
“The Respondents, as per the Action Plan, will conduct awareness programs against child marriage in all Upper Primary, High, and Higher Secondary Schools in Wayanad District within three months,“ the Court ordered.
The Court also recommended incorporating educational film screenings into sensitization efforts, distributing informative posters, and conducting annual reviews to assess the effectiveness of awareness programs.
Additionally, it ordered specialized training sessions for officers from the Tribal and Education Departments to prevent school dropouts and reduce the incidence of child marriage.
The Secretary of KeLSA was instructed to submit biannual reports to the Executive Chairman, outlining the progress and measures implemented.
KeLSA was also granted the liberty to approach the Court for further judicial directions if necessary.
With these directives, the petition was disposed of.