Ghasiram Panda, a writer and an activist of Sonepur, has filed a petition before the Orissa High Court seeking appropriate amendments in the Prohibition of Child Marriage Act (PCMA), 2006 and related rules, 2009 to make the law compliant with a Supreme Court judgement.
As per an affidavit on the matter submitted by the Government in the HC, child marriage is rampant in the country because of poverty and illiteracy. At present, the country has around 23 million child brides.
Panda stated that while on the one hand, sexual relationship with girl child below the age of 18 years even when there is consent is a crime, on the other, sexual relationship of the husband with his wife who is a minor (between the age of 15 and18 years) despite consent is not considered a crime.
Earlier, the Karnataka Government has created an example by amending laws to declare the child marriage illegal. The Supreme Court in its judgement on October 11, 2017 held that it would be wise for all the States to go the Karnataka way to void child marriages and thereby ensure that sexual intercourse between a girl child and her husband is a punishable offence under that POSCO Act and the IPC.
The High Court disposed of Panda’s petition by directing the Chief Secretary, the Law Secretary and the Commissioner-cum-Secretary, Women and Child Development (WCD) Department to consider the representation of the petitioner. Following this, petitioner Panda was requested to attend a hearing before the Principal Secretary, WCD on September 29. Panda made a strog pitch for amendment in the PCMA 2006 and also the rules. It was decided that a committee where the petitioner will also be a member among others, will review the PCMA 2006 and the Odisha Rules 2009. The WCD Department will seek the opinion of the Law Department on possible amendment of the PCMA.