Kerala High Court Directs KeLSA to Raise Awareness on Child Marriages in Wayanad's Tribal Communities

Post By 24law
March 6, 2025

Pranav B Prem

In a significant ruling, the Kerala High Court has entrusted the Kerala State Legal Services Authority (KeLSA) with the responsibility of creating awareness about the ill effects of child marriage in tribal communities in Wayanad. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu was dealing with a suo motu petition addressing the issue of child marriage prevalent among these communities.

Judicial Proceedings and Background

The matter arose from a communication received by KeLSA regarding the conflict between tribal customs and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The court took suo motu cognizance in 2016, following a report submitted by the District Legal Services Authority (DLSA), Wayanad. The report highlighted that members of several tribal communities such as Paniyas, Mullukurumas, Adiyars, Kurichyas, Ooralis, Kattunaikkans, Kanduvadiyar, Thachanadar, and Kanaladi traditionally engage in early marriages, which subsequently lead to criminal trials under the POCSO Act. Recognizing the complexity of the issue, the court emphasized that while judicial intervention has its limitations, awareness programs must be prioritized to curb child marriages. The court observed: "By a judicial order, lowering of the age of marriage in the tribal communities cannot be directed only to save them from prosecution under the POCSO Act, neither by judicial orders, can these deep-rooted practices be resurged."

KeLSA’s Role in Raising Awareness

The court directed KeLSA to conduct extensive awareness programs, involving NGOs and public-spirited individuals already working on the issue. These programs will educate tribal communities about the dangers of child marriage and the rights of children under Articles 21 and 21-A of the Constitution of India. The court had previously directed DLSA, Wayanad, to develop a long-term sensitization plan. A report submitted by KeLSA on January 20, 2025, confirmed that DLSA had convened a joint meeting with various stakeholders and prepared an Action Plan. As part of its continued oversight, the court ordered: "The Secretary of the KeLSA can conduct a review every three months to assess the steps taken under the sensitization program, identify any obstacles in implementation and suggest corrective measures."

Implementation Measures

To ensure the effectiveness of these efforts, the court mandated the following actions:

School Awareness Programs: Awareness sessions will be conducted in all Upper Primary, High, and Higher Secondary Schools in Wayanad within three months, with the involvement of the Education and Tribal Departments. The departments will instruct schools to ensure that each student attends at least one session per year.

Community-Based Awareness Initiatives: Similar programs will be conducted in tribal settlements within three months, utilizing Scheduled Tribe promoters and para-legal volunteers. These initiatives will be continued annually through the Gothra Vardhan Scheme.

Visual and Print Media Campaigns: The court suggested that films and posters highlighting the ill effects of child marriage be widely exhibited to maximize awareness.

Training of Government Officials: Officers from the Tribal and Education Departments will undergo training to prevent school dropouts and curb child marriage.

Legal Training for Child Protection Authorities: DLSA will train the District Child Protection Unit and tribal promoters on the Magistrate’s power to issue injunctions against child marriage and guide them in legal recourse.

Annual Review and Reporting: KeLSA is required to submit a report every six months to the Executive Chairman detailing the activities undertaken as part of the sensitization program. The DLSA must also review and update the Action Plan annually.

Court’s Conclusion

The Kerala High Court acknowledged that legal reforms alone cannot eliminate child marriage, and a multi-faceted approach is required. It emphasized that KeLSA’s involvement will play a crucial role in bridging the gap between tribal customs and legal provisions while ensuring that children’s rights are protected. The court further granted KeLSA the liberty to approach the judiciary if additional directives are needed for implementing the awareness programs effectively: "The KeLSA can approach the Court if any further directions are required." With this structured approach, the court disposed of the suo motu petition while keeping the door open for future judicial intervention.