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Child marriage prohibition rules notified: J&K to annul weddings of minors; complicit priests to be prosecuted, informers to be rewarded

January 19, 2023
Child Marriage

Srinagar:  Hardening its stand against child marriages, Jammu and Kashmir government has decided to annul all weddings involving one or two minors.

 The social welfare department has notified the draft of Jammu and Kashmir prohibition of child marriage rules 2023. The government is planning to launch a massive drive to end child marriages.

Under new rules, Child Marriage Prohibition Officers have been designated to keep track of the weddings of minors.

 Those designated as Child Marriage Prohibition Officers  include Chief Medical Officer, Chief Education Officer, Zonal Education Officer, Block Medical Officer,  Block Development Officer, Assistant Labour Commissioner, Assistant Commissioner (Panchayat), District Social Welfare Officer,  Child Development Protection Officer, Tehsildar, Naib Tehsildar.

Child Marriage Prohibition Officers will have the powers of a police officer as prescribed under Section 156, 160, 161, 165, and 175 of the Criminal Procedure Code.

Child Marriage Prohibition Officers have been asked to file a petition for annulling these weddings in district courts.

 The draft rules said that these officers will be tasked to obtain information regarding child marriages.

 It said the Child Marriage Prohibition Officers will file petitions before the district court for maintenance of the female victim.

“They will file a petition before the District Court for the custody and maintenance of child marriage victims,”  the draft rules said.

 It said the district magistrate shall ensure that in every panchayat, a committee comprising of Sarpanch, Mission Poshan representative,  Convener Village Level Worker, Head Master of the nearest school/ and one woman is constituted to assist the Child Marriage Prohibition Officer.

 “It will be utilized in obtaining information about such child marriages, in the prevention of such ceremonies, and in annulling of such marriages,”  the draft said.

 It also warned the priests against the solemnization of marriages between children. “It shall be the duty of local priests of any religion bestowed with the solemnization of marriages, to inform the Child Marriage Prohibition Officer of his area about the likelihood of such child marriages and shall refrain from solemnizing such marriages with a view to preventing such instances of child marriage,” the draft rules said.

 The government will reward the persons who act against child marriage in their respective areas.

“The Jammu and Kashmir government may declare suitable awards for such persons on whose initiatives/ information the incident(s) of Child Marriages are prevented. The District Magistrates shall also felicitate such persons on suitable occasions of national importance,” it said.

 An official from the Social Welfare Department said that a network of officers and people will be created under these rules to prevent child marriages in the union territory.

 “Very soon Jammu and Kashmir prohibition of child marriage rules will be implemented. The department is waiting for the comments from various stakeholders after which these rules will be formally implemented,” he said.

 Pertinently, Jammu and Kashmir has reported the lowest number of child marriages in India as only six percent of women have got married before reaching the legal minimum age of 18.

 As per National Family Health Survey-5, 25 percent of women aged 18-29 have got married before the legal minimum age of marriage of 18 years in India.

 In India, the legal age of marriage for women is 18 and 21 for men. However, the government is planning to make it 21 for both men and women.

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Firdous Hassan

Self-help believer, a gadget lover and nature's admirer.
Presently Senior reporter at The Kashmir Monitor with an experience of nine years in reporting business, crime, defense, politics and environment.Have also contributed to reputed media organizations including First Post, India Spend, Forbes India

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