Kerala High Court Directs State To Launch Awareness Programs To Combat Child Marriage In Tribal Communities Of Wayanad
The PIL was filed to address the legal challenges posed by the practice of child marriage among tribal communities.
The Kerala High Court directed the State authorities to initiate awareness programs aimed at preventing the practice of child marriage among tribal communities in Wayanad, following a suo motu case initiated by the Court.
The case was triggered in 2016 after the Kerala State Legal Services Authority (KeLSA) filed a public interest litigation (PIL) based on concerns raised by the District Legal Services Authority (DLSA) in Wayanad. This report highlighted the rising number of cases in which members of tribal communities were facing legal action under the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) due to customary early marriages.
The PIL was filed to address the legal challenges posed by the practice of child marriage among tribal communities, a longstanding tradition in these communities, which had led to a clash with modern laws safeguarding children’s rights.
A Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu observed, "The absence of a legal framework regulating tribal marriages has allowed these customs to persist. However, the long standing nature of this practice cannot be the sole justification of its continuation. The prevalence of child marriage in the tribal areas, though historically entrenched, needs to be addressed to protect the rights and well-being of the children,"
However, the Court emphasized that customs alone could not justify the continuation of such harmful practices. The bench acknowledged that child marriages in these communities adversely impacted children’s health, education, and autonomy, and underscored that these issues must be addressed to safeguard the rights of the children involved.
The Court noted that it had limited authority to directly intervene in altering the age of consent specifically for tribal communities to prevent the prosecution of those involved in customary child marriages under the PoCSO Act.
The Court added, "They submitted that the problem is complex and, to address it, requires changes to multiple laws, which are beyond the scope of this Public Interest Petition. While the need for intervention exists, the scope of judicial intervention has to be kept in mind."
To address the social problem, the Court placed strong emphasis on awareness programs and community-based initiatives. Acknowledging the efforts of various Non-Governmental Organisations (NGOs) and other individuals working on this issue, the Court directed KeLSA to bolster these initiatives. The Court ordered KeLSA to conduct awareness campaigns focusing on the harmful effects of child marriage and educating tribal communities about the rights of children as guaranteed under Articles 21 and 21-A of the Indian Constitution.
The Court further directed KeLSA to launch an extensive awareness campaign in Wayanad, targeting schools, tribal settlements, and community centers. This campaign should be based on the action plan submitted by the DLSA. The Court set a timeline of three months for these awareness sessions to be organized, in cooperation with the Education and Tribal Departments of the State. The awareness initiatives were to include screening educational films, distributing informative posters, and conducting annual reviews to assess the impact of the programs.
Additionally, the Court ordered specialized training sessions for officers from the Tribal and Education Departments to focus on preventing school dropouts and reducing the prevalence of child marriages. KeLSA was instructed to report every six months to the Executive Chairman on the progress made in these efforts, with the liberty to approach the Court again if further judicial intervention was required.
The Kerala High Court disposed of the petition, underscoring the importance of community-based sensitization and education as effective tools in addressing and eventually eradicating child marriage within tribal communities in Wayanad.
Cause Title: Suo Motu v. State of Kerala & Ors., [2025:KER:17860]
Appearance:
Respondents: Additional PP P. Narayanan, Govt. Pleader Latha Thankappan, Senior Advocate Santhosh Mathew, Advocate Mathew Naveen Thomas, Senior Advocate P. Vijayabhanu (Amicus Curiae), Advocates Shameena Salahudheen, Indu Susan Jacob
