Kerala High Court Entrusts KeLSA With Creating Awareness Against Child Marriages In Tribal Communities Of Wayanad

The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu was dealing with a suo motu petition on the practice of child marriage prevalent in some tribal communities in Wayanad. Some tribal communities in Wayand as a customary practice marry at an early age and as a result of which many members of the community face trial for the offences under the POCSO Act.

The Court agreed with the submissions that the scope of judicial review is limited in this case, as Courts can neither lower the age of marriage in these communities to save them from prosecution nor can it resurge these deep-rooted practices. It thus emphasised on conducting awareness programs to curb child marriages.

The Court noted that many NGOs and public-spirited individuals are already working in the field to address these issues. The Court directed KeLSA to contribute to these efforts and conducts programs to create awareness on the harms of child marriage and the rights of children under Article 21 and Article 21-A of the Constitution.

The Court had by an earlier order directed the District Legal Service Authority (DLSA), Wayanad to work out a long-term plan of action for sensitization of the members of the communities. KeLSA submitted before the Court that such an Action Plan is prepared by DLSA.

The Court said that the Secretary of KeLSA can conduct a review every three months to assess the steps taken under sensitization program, identify any obstacles in implementation of the program and suggest corrective measures.

There will be awareness programs in Upper Primary, High and Higher Secondary Schools in Wayanad District within three months with support from Education and Tribal Departments. The Departments will instruct the school authorities to ensure that every student attends at least one session in a year. Similar awareness programs should be conducted in tribal settlements within three months involving the Tribal Department, Scheduled Tribe promoters and para-legal volunteers.

This program has to continue annually utilizing the Gothra Vardhan Scheme (A scheme implemented by KeLSA for the empowerment and upliftment of tribal communities in Kerala by addressing critical issues such as education, poverty alleviation, healthcare and legal awareness. It aims to bridge the gap between the tribal communities and mainstream society while respecting their cultural heritage and safeguarding their legal rights.) The Court said that films and posters addressing the same issues can be exhibited to create maximum awareness.

Further, awareness sessions will be conducted for officers of Tribal and Education Departments for preventing school dropouts to curb child marriage. DLSA will have to train the District Child Protection Unit and tribal promoters on the power of the Magistrate to issue injunctions against child marriage and guide them in seeking recourse to law. The DLSA will also have to review and update the Action plan every year.

A report shall be submitted by the Secretary of KeLSA to the Executive Chairman every six months or such time intervals directed by the Executive Chairman detailing the activities undertaken in this regard.

The Court said that the KeLSA can approach the Court if any further directions are required.

Amicus Curiae: Adv. P. Vijayabhanu (Sr.)

Counsel for the Respondents: Advocates P. Narayanan (Addl. PP), Latha Thankappan (GP), Santhosh Mathew (Sr.), Mathew Naveen Thomas, Shameena Salahudheen, Indu Susan Jacob

Case No: WP(C) 25285 of 2016

Case Title: Suo Motu v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 156