SRINAGAR: District Magistrate Kishtwar Pankaj Kumar Sharma has ordered a district-wide crackdown on child marriages, directing religious functionaries, marriage solemnising authorities, government officials and other persons involved in arranging or conducting marriages to ensure that no marriage involving a girl below 18 or a boy below 21 is solemnised.
The order, issued on September 11 under Section 13(5) of the Prohibition of Child Marriage Act, 2006, makes clear that any person who performs, conducts, directs, facilitates, promotes, arranges, procures, aids, abets or knowingly permits a child marriage can face action under the applicable penal provisions.
The District Magistrate said instances of marriages involving girls below 18 had been reported in Kishtwar despite the statutory prohibition. In some cases, consequences arising from such marriages subsequently came before medical institutions, highlighting risks to the health, safety, dignity and overall well-being of minor girls. The matters had also come to the notice of the Police Department, Kishtwar, with action initiated or taken according to law.
Under the order, every Imam, Qazi, Nikah Khwan, Pandit, Purohit, priest, religious functionary and other person authorised or involved in solemnising marriages has been directed to verify the ages of both parties through authentic documentary evidence establishing their dates of birth before conducting any ceremony.
The order states that no Nikah, Vivah or other religious, customary or ceremonial marriage can be solemnised if either party has not attained the statutory age. Where the age of either party is doubtful, disputed, concealed, inconsistent with documentary records or otherwise cannot be satisfactorily established, the person conducting the ceremony has been directed to refrain from solemnising it and immediately inform the concerned Child Marriage Prohibition Officer and Police authorities.
The District Magistrate invoked Sections 2(a), 2(b), 9, 10, 11, 13, 15 and 16 of the Prohibition of Child Marriage Act, 2006, along with the Jammu and Kashmir Prohibition of Child Marriage Rules, 2023, notified through S.O. 448 dated August 28, 2023.
The Act defines a child as a male who has not completed 21 years of age or a female who has not completed 18 years. A marriage involving either party below the prescribed age falls within the statutory definition of child marriage.
Section 9 provides for punishment of an adult male who contracts a child marriage, while Section 10 provides penal consequences for anyone who performs, conducts, directs or abets such a marriage. Section 11 extends liability to persons having charge of a child who promote or permit such a marriage or negligently fail to prevent it.
The order also draws attention to Section 15 of the Act, under which offences punishable under the legislation are cognizable and non-bailable.
The District Magistrate directed Child Marriage Prohibition Officers, Executive Magistrates, Tehsildars, Naib Tehsildars, Police authorities, Social Welfare officials, Panchayati Raj Institutions and other concerned functionaries to maintain heightened vigilance and respond promptly to information about an impending or alleged child marriage.
Such information is to be verified, recorded and acted upon without avoidable delay, with preventive and protective measures to be taken wherever required. Cases warranting judicial intervention are to be placed before the competent Judicial Magistrate for proceedings under Section 13 of the Act.
Sharma further warned that information concerning an impending child marriage should not remain pending because of administrative inaction. Any lapse, deliberate omission or culpable indifference by a public servant entrusted with statutory or administrative responsibilities would be dealt with under applicable service, disciplinary and legal provisions.
The order also provides for action under the Protection of Children from Sexual Offences Act, 2012, where the facts disclose an offence against a child below 18. It specifically refers to the statutory reporting requirement under Section 19 and consequences under Section 21 of the POCSO Act, stating that such proceedings would be in addition to action permissible under the child marriage law and other applicable legislation.
The District Magistrate said the prohibition would apply irrespective of religion, denomination, caste, community, sect, custom or personal law. Religious ceremonies, customary practices, social conventions or purported consent of the parties or their guardians cannot be used to circumvent the statutory prohibition where the ingredients of an offence are established.
At the same time, the order clarifies that it does not create a new offence or extend penal liability beyond that prescribed by law, but is intended to ensure effective enforcement of the existing statutory framework and prevent prohibited marriages.
The order requires authorities to give it wide publicity and ensure that its provisions reach religious functionaries, marriage solemnising authorities, community representatives and other stakeholders. Child Marriage Prohibition Officers and field officials have also been directed to conduct awareness and sensitisation activities.
The directions have come into force with immediate effect and will remain applicable throughout Kishtwar district.
