Compulsory injunction orders set to make secret child marriages difficult in Banswara

There will be no more secret child marriages in southern Rajasthan’s tribal-dominated Banswara district, with the district administration making the process for obtaining an injunction order from the court compulsory for any reported or impending instance. A standard operating procedure (SOP) has also been issued outlining the steps for intervention and enforcement of law.

With over 70% of its population comprising the tribal communities, Banswara district is vulnerable to child marriages. As per the National Family Health Survey-5 (2019-21), the child marriage rate in Banswara was 25%, which was higher than the national average of 23.3%.

The mandatory injunction orders are set to change this situation and make the secret solemnisation of child marriages nearly impossible. Issued by the court of the Judicial Magistrate under Section 13(1) of the Prohibition of Child Marriage Act, 2006, an injunction order empowers the authorities to proactively prevent a child marriage.

Criminal offence

Banswara Collector Indrajeet Yadav has recently issued the SOP while noting that the court’s injunction order is a “binding legal directive” and its violation constitutes a criminal offence. The SOP aims at not only stopping child marriages on the spot but also preventing them from being conducted in secrecy at a later date.

Mr. Yadav’s directive, issued to key officials of the Police Department, Department of Social Justice and Empowerment, and the District Child Protection Cell, has called for compliance with the SOP in an effective manner. The administration is organising a district-level training programme on the subject for the officials concerned.

Banswara-based Beneshwar Lok Vikas Sansthan’s (BLVS) director Yatin Upadhyay told The Hindu that the administration’s SOP had laid emphasis on the importance of the legal tool of injunction. “This is a crucial order. Earlier, when we stopped child marriages, families often gave verbal assurances or signed undertakings, but went ahead with the marriage in secret later,” he said.

Mr. Upadhyay affirmed that with a court-issued injunction order, it would become a matter of legal record, and any breach would be punishable. “This will act as a strong legal deterrent and instil fear of law, which is necessary to make Banswara district child marriage-free,” he said.

BLVS is a partner of Just Rights for Children, which is a civil society network comprising over 250 voluntary groups primarily using legal interventions to fight crimes against children.

According to the SOP, joint teams comprising members from the Women and Child Development Department, police, and local non-government organisations must respond immediately to any reports of an impending child marriage. “They are to prepare a detailed report including the names and ages of the bride and groom, date of the proposed wedding, and family details,” the SOP directive stated.

Based on this report, the families will be presented before the Sub-Divisional Magistrate, who will then make a formal request to the Judicial Magistrate to pass an injunction order. Such an order will clearly state that the girl and boy can be married only after reaching the legal ages of 18 and 21, respectively. Any violation of this directive will invite criminal action.

Just Rights for Children’s national convener Ravi Kant said the injunction order was a “highly effective judicial tool”, which would help prevent child marriages if supported by collaboration across departments, civil society, and communities.

The courts in several districts of Rajasthan have passed injunction orders in the past outlawing matrimonial alliances made at the tender age of children. The initiative taken in Banswara is the first instance of the administration seeking legal support for stopping child marriages as a measure of social reform.