From: [mailfrom: cwc.kdp@gmail.com]
Sent: 5 June 2016 12:29 PM
To: helpap@gmail.com
Dear Sir,
What Child Welfare Committee can do if the marriage
has already taken place?
Thanking you,
Your’s faithfully ,
Inakonda
Sarada,
Chairperson,
CWC-YSR Kadapa District.
Child marriage represents one of the
worst forms of violence against any child, depriving her/him of a childhood,
and pushing her/ him into a phase of life for which they are not ready. It also
deprives the child of all avenues for her/his own development such as
education, health, choice in life decisions etc. Such a child is a child in
need of care and protection.
Sec 2 of the Prohibition of Child
Marriage Act 2006, defines child marriage as a marriage “where either of the
contracting parties is a child.” Child marriage is illegal under this Act and
offenders are liable for punishment. For boys the age of marriage is 21 years
and for girls it is 18 years.
Specific legislation
pertaining to child marriage Prohibition of Child Marriage Act 2006:
All offences under this Act are
cognizable and non-bailable.
If the marriage has already taken place:
In case the marriage has already taken place, then
the first step of the CWC is to determine whether the person who is a party to
marriage, is a child as defined under Sec.2 (k) of JJ Act.
CWC can order for verification of age
as per Sec. 49 of the JJ Act.
The CWC then needs to determine
whether the marriage in question took place or not. For determining both of the
above, the CWC should rely on the findings of the police, report of Child
Marriage Prohibition Officer and discussions with the child.
The CWC can check with the child if
she was compelled into the marriage and give her information about her rights
under the Prohibition of Child Marriage Act to call for the marriage to be
voidable and her right to maintenance and action against the party that was
involved.
Custody of the child:
After determining that the person in
the marriage is a child i.e below 18 years and in need of care and protection,
the CWC should take custody of the child, especially where the marriage is
void. In a voidable marriage, especially where the child may be of almost 18
years, the CWC through the PO may call the parents who should be counseled and
through community processes with the involvement of the NGOs and panchayat, and
through the signing of a bond, the families can be brought to agree that the
child will stay with her family till she completes the age of 18 years.
The CWC is also authorized to take
any child born out of this marriage into their custody along with the minor
biological mother. The CWC may take decisions regarding the mother and the
child keeping in mind the best interest of both.
Procedures in Family Court
While the other legal procedures in
relation to a case of child marriage or custody of children born out of such
marriages will take place simultaneously in the Family Court or the sessions
court/High Court, the CWC will focus on the rehabilitation plan of the child
rescued from marriage or the child out of such a marriage
