The Bombay high court has stated that the number of child weddings in the state is "mind-boggling," and that the Maharashtra government must do more to free the state of the threat of age-old custom.
According to the court, the state government must educate the tribal community about the importance of protecting the rights of girls.
Chief Justice Dipankar Datta and Justice V G Bisht observed, "The numbers are mind-boggling." They heard a Public Interest Litigation (PIL) on malnutrition mortality in Melghat and other tribal areas of Maharashtra. The state was ordered on March 14 to undertake a survey in districts with a large indigenous population to determine the frequency of child marriages.
Ashutosh Kumbhakoni, the Advocate General, presented the findings of a three-member team, which stated that "child marriage of girls is one of the major causes of malnutrition and child deaths in the tribal community." The report listed the names of girls under the age of 18 whose marriages were solemnised and who gave birth to a child while still minors. According to the AG, "15,000 or more" weddings occurred in the previous three years. In addition, the state was able to prevent 1,541 child marriages. "We found out about it and intervened, prohibiting the marriages," he continued.
"Is it feasible to impress upon them (tribals) the negative implications of child marriages?" the CJ wondered. "How do you plan to address this issue?" Counseling, appeals, and aid from social workers and NGOs who brought the issue to court, according to the AG, could help address the situation. "There's no point in deploying force and arresting those who did it." He went on to say, "They have to be persuaded." "Curiously, among tribals, boys and girls begin living together at an early age, which is a modern-day concept for us," he added.
Tribals, according to the judges, have their unique customs and traditions. "They must also recognise the need of protecting the girl kid." There are numerous laws concerning children's rights. We can express hope as members of the judiciary. After all, it is your responsibility to rule "The CJ stated.
"It is for the government, in light of the large number of child weddings prevalent, to sensitise the elders in the tribal community and to make them aware of the ill-effects of child marriages and violations of children's rights enumerated in numerous legislations," the judges wrote in their order. "In addition, it must persuade the tribal group to forego age-old habits and traditions in the health-care sector."