Chanakya National Law University’s Gender Resource Centre (GRC) and a non-governmental organisation have initiated a significant legal action aimed at combating child marriage and adolescent pregnancies in Bihar. This intervention is manifested through a Public Interest Litigation (PIL) filed in the Patna High Court, calling for stricter enforcement of existing regulations and judicial protections.

The PIL specifically urges authorities to ensure effective implementation of existing legal statutes prohibiting child marriage. It also seeks adherence to the directives from the Supreme Court issued in a 2024 ruling involving the Society for Enlightenment and Voluntary Action against the Union of India. This landmark decision established a detailed framework aimed at preventing child marriages and creating robust institutional mechanisms for child protection.

Concerns Highlighted in the Petition

The petition has been jointly submitted by Ayushi Dube, Director of the GRC at CNLU, and Shaswat, co-founder of the associated NGO. They assert that despite various government welfare initiatives and policy measures, Bihar continues to report one of the highest rates of child marriage in India. The need to reassess current strategies is underscored in their petition.

Recent statistics from the National Family Health Survey (NFHS-VI) indicate that 34.6 per cent of women aged 20 to 24 in Bihar were married before reaching the age of 18. While this represents an improvement from the previous survey’s figure of 40.8 per cent, it remains considerably above the national average, highlighting the ongoing difficulty the state faces in addressing child marriage.

The petitioners call for increased accountability among relevant institutions, improved collaboration between government departments, better monitoring systems, and the effective implementation of legal safeguards to protect children’s rights and hinder early marriages.

Proceedings in the High Court

This issue was presented to a division bench consisting of Chief Justice Meenakshi Madan Rai and Justice Soni Shrivastava. During the proceedings, Advocate General Satya Darshi Sanjay requested additional time to procure instructions from the Bihar government regarding the matter. The High Court granted this request and scheduled the next hearing for August 19.

The case is poised to play a pivotal role in scrutinising the implementation of child protection laws in Bihar, along with the state’s adherence to the Supreme Court’s directives aimed at the eradication of child marriage and the advancement of adolescent welfare.

This PIL marks a crucial step in advocating for stronger measures to protect vulnerable populations. It aims to bring together various stakeholders to ensure the betterment of children’s rights within the state. As these legal actions unfold, the emphasis remains on establishing a comprehensive approach to mitigate the risks associated with child marriages in Bihar.

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