Important Role Of CMPOs In Preventing Child Marriages: Bombay HC Directs State To Submit Report On Performance Of Officers

The Bombay High Court has directed the state government to submit reports on the appointment and performance of Child Marriage Prohibition Officers (CMPOs) in response to a public interest litigation (PIL). The Court highlighted the important role played by the CMPOs in preventing child marriages. 

Acting Chief Justice Nitin Jamdar and Justice Arif S. Doctor observed, “Considering the important role to be performed by the Child Marriage Prohibition Officers, it is necessary that adequate Child Marriage Prohibition Officers are appointed and strict supervision is conducted as regards the performance of their duties”.

Advocate Ajinkya Udane appeared for the Petitioners and Government Pleader P. P. Kakade with Additional Government Pleaders B. V. Samant and N. M. Mehra appeared for the Respondents.

The Court observed that Section 16 (3) of the Act requires prohibition officers to take steps to prevent child marriages, including collecting evidence, advising individuals, counseling communities, raising awareness, and submitting reports to the state government.

The Court asserted, “Therefore, a conjoint reading of Section 16 of the Act of 2006 and the Rules of 2022 indicate that an important role is to be performed by the Child Marriage Prohibition Officer. It is also mandatory that if he fails to perform his duty, he is liable to face disciplinary action”.

The Court has also asked the State Government to file a response regarding the actions taken against CMPO who have failed to fulfil their mandatory duties under the law. In this context, the Court held, “The State Government shall file additional affidavit placing on record the number of Child Marriage Prohibition Officers who have not submitted periodical returns and what action is taken against them for non- performance of their duties and the source of the data presented in the affidavit as above”.

Accordingly, the High Court listed the case for August 2.

Cause Title: Child Marriage Prohibition Committee and Ors. v. State of Maharashtra & Ors.

Click here to read/download the Order