The Bombay High Court has directed the Maharashtra government to provide information regarding the appointment of Child Marriage Prohibition Officers (CMPO) within the state. The court's decision came during the hearing of a public interest litigation (PIL) petition that highlighted issues related to child marriages in Maharashtra and the alleged non-implementation of the Prohibition of Child Marriage Act (PCMA). The PIL sought the framing and implementation of rules for the effective enforcement of the PCMA.
Government pleader P.P. Kakade informed the court that rules under the PCMA were framed and notified on October 21, 2022. In response, the court directed the Maharashtra government to file an affidavit detailing the number of CMPOs appointed and whether the current number is sufficient or if more officers are required.
Under the Maharashtra Prohibition of Child Marriage Rules, CMPOs are responsible for providing regular updates on prevented or reported child marriages. The court also inquired about disciplinary actions taken against CMPOs who failed to fulfil their duties.
The bench, comprising Acting Chief Justice Nitin Jamdar and Justice Arif Doctor, set a deadline of August 2 for the state government to submit the affidavit.
According to reports, CMPOs have managed to prevent 821 child marriages between 2018 and 2022. However, the court has not received additional information or details, such as FIR (First Information Report) data. Therefore, the court has asked the state government to clarify whether any disciplinary action has been taken against officers who failed to provide regular updates.
The PCMA empowers CMPOs to take action against complaints related to child marriages. Any individual, organization, or educational institution can report incidents of child marriage, even if there are reasons to believe that such marriages may occur. CMPOs are authorized to conduct inquiries, record statements, and collect evidence based on these complaints.
The Bombay High Court's directive seeks to ensure the effective implementation of the PCMA and protect children from the harmful practice of child marriage.
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