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SC issues notice to 10 states on child marriage
Tuesday, May 6 2003 15:48 Hrs (IST)

New Delhi: The Supreme Court on May 6 issued notices to the Centre and governments of 10 states, including Rajasthan, Madhya Pradesh and Orissa, on a petition alleging that practice of child marriage was widely prevalent there, resulting in the girl's sexual abuse, rape and servitude.

A Bench comprising chief justice V N Khare, justice S B Sinha and justice A R Lakshmanan issued the notices after briefly hearing counsel Colin Gonsalves and Aparna Bhat for Raipur-based petitioner non- government organisation (NGO) 'Forum for Fact Finding Documentation and Advocacy'.

The other states to whom notices went were Chattisgarh, Bihar, Jharkhand, Andhra Pradesh, Maharashtra, Uttar Pradesh and Karnataka.

Seeking strict implementation of the Child Marriage Restraint Act of 1929, the petitioner has requested the Court to direct and make accountable chief secretaries, directors general of police, district collectors and superintendents of police of the states and districts to prevent child marriages.

The petitioner said the state governments should be asked to pay exemplary damages to the girl children, who in the guise of marriage were in servitude being sexually abused, with the option of recovering the amount from the family of the boy.

The petitioner said despite pioneering work of Brahmo Samaj, Arya Samaj, Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Behramji Malbari and Harvilas Sharda against the evil of child marriages, the practice seems to be prevalent in many parts of the country.

"...present day India is witnessing an emergence of this evil practice with large scale child marriages being performed on auspicious occasions in many states of India in total violation of the Child Marriage Restraint Act," it said.

Agreeing that poverty and illiteracy fuelled this practice, the petitioner NGO said, "The effect of child marriage on the girl is particularly harsh. The age of marriage is about 12 years and often the boy's family does not wait for the girl to reach puberty.

"She is taken out of the schools and is used as a bonded labourer by the boy's family. Sexual abuse and rape is common as the girl is used by the males of the boy's family. She gives birth to child very early while still a minor and has many children. She then dies young," it said narrating the life story of a girl in child marriage.

Saying that government's total apathy was responsible for the continuance of the illegal practice, the petitioner alleged that policemen often participate in these "celebrations", extracting bribes of Rs 500 per family for condoning the practice.

PTI



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