Whereas, the draft of the Prohibition
of Child Marriage (Karnataka) Rules, 2014 was published as required by
sub-section (1) of Section 19 of the Prohibition of Child Marriage Act. 2006 (Central
Act No. 6 of 2007), in Notification No. WCD 205 SWW 2011, dated 11-4-2014, in
Part IV-A of the Karnataka Gazette, dated 5-6-2014 inviting objections or
suggestions from all the persons likely to be affected thereby within fifteen
days from the date of its publication in the Official Gazette. And whereas, the said Gazette was made
available to the public on 5-6-2014. And whereas, no objections and
suggestions have been received in this behalf by the State Government. Now, therefore, in exercise of the
powers conferred by sub-section (1) of Section 19 of the Prohibition of Child
Marriage Act, 2006 (Central Act No. 6 of 2007), the Government of Karnataka
hereby makes the following rules, namely.- (1)
These rules may be called the Prohibition of
Child Marriage (Karnataka) Rules, 2014. (2)
They shall come into force from the date of
their publication in the Official Gazette. In these rules, unless the context
otherwise requires.- (a)
"Act" means the Prohibition of
Child Marriage Act, 2006 (Central Act No. 6 of 2007); (b)
"Complaint" or "Petition"
means any allegation made orally or in writing by any person or organisation or
police to the Child Marriage Prohibition Officer; (c)
"Form" means a form appended to
these rules; (d)
"Section" means a section of the
Act; (e)
"Schedule" means a schedule
appended to these rules. Any person who has reason to believe
that an act of Child Marriage has been, or is being or is likely to be
committed shall give information about it to the Child Marriage Prohibition
Officer orally or in writing in Schedule IV. (1)
The Child Marriage Prohibition Officer shall
ensure access to any child or person or applicant to enable him or her to avail
the benefit of legal services under Legal Services Authority Act 1987 (Central
Act 39 of 1987) in obtaining suitable orders pertaining to the enforcement of
the Act. (2)
The Child Marriage Prohibition Officer shall
work in co-ordination with the State, District and Taluk Legal Services
Authorities to ensure that information about the provisions of the Act as well
as all laws and schemes that help to prevent child marriage or provide services
to child victims of child marriage is made available in the local language in
all Government Schools, Post Offices, Panchayat Offices, Meena Clubs, Kishori
Sanghas, Children's Grama Sabhas, Tereda Mane Village, Chavadi and Other Public
Places. (3)
The Child Marriage Prohibition Officer may
move the District Court suo motu for getting interim orders as to the residence
of female contracting party to the child marriage. (4)
The Child Marriage Prohibition Officer shall
report in case of a child who is in need of care and protection to the
jurisdictional Child Welfare Committee. The Child Welfare Committee shall pass
interim orders regarding stipulation of time frame for completion of inquiry
and rehabilitation. (5)
The Child Marriage Prohibition Officer shall
collect and maintain a Directory of non-Governmental Organisations, registered
under Karnataka Societies Registration Act, 1960 (Karnataka Act 19 of 1960),
the Juvenile Justice (Care and Protection of Children) Act, 2000 (Central Act
56 of 2000) companies registered under the Companies Act, 1956 (Central Act 1
of 1956) from the Competent Authority under the said Acts. (6)
The Child Marriage Prohibition Officer shall
provide all possible assistance to stop the child marriage and to ensure the
person or applicant, police help if any, in the event of occurrence of child
marriage. (7)
In particular, the Child Marriage Prohibition
Officer and the concerned Police Officer, if any shall maintain the
confidentiality of a child involved in a suspected case of child marriage, or
of any child/person/ organisations giving information to him about any
impending child marriage, or a child marriage that has been solemnised and the
said child who has contracted to this marriage is either still a minor or has
not completed two years after having attained majority. (8)
The approach of the Child Marriage
Prohibition Officer shall be primarily prevention of child marriage and it
shall be a remedial one, Prosecution shall be recommended or resorted to only,
if all other measures and directions are found ineffective or parties fail to
comply with the orders or directions within the stipulated time. (9)
The Child Marriage Prohibition Officer has a
duty to take steps for the rehabilitation of survivor of child marriages, and
where such child has been referred to the Child Welfare Committee for care and
protection. (10)
The victim or survivor of child marriage
shall be rehabilitated. The Child Marriage Prohibition Officer shall inform the
child victim of child marriage about the facilities like educational, shelter,
legal counseling, recreation vocational service and support and also be
repatriated and restored wherever required as mandated under Karnataka Juvenile
Justice (Care and Protection of Children) Rules, 2010 and shall also enable
such child to access the facilities, (11)
The various departments and their roles
towards prevention of child marriages under these rules shall be as specified
in Schedule I. Whenever Child Marriage Prohibition
Officer or person receives reliable information through e-mail, or telephonic
call or the like either from any action encourage the person who has getting
Rs. 500.00 per case reason to believe that an act of child marriage is being or
is likely to be committed in such an emergency situation, the Child Marriage
Prohibition Officer or person shall seek immediate assistance of the police,
who shall accompany the Child Marriage Prohibition Officer to the place of
occurrence, record the incident in writing and report the same to the
Magistrate without any delay for seeking appropriate orders under the
provisions of the Act. (1)
To Prevent the solemnisation of child
marriage, the procedure for mass marriages specified in Schedule II shall be
followed while conducting mass marriages. (2)
The norms set out in Schedule III shall be
followed for submission of age proof for conducting marriages (Form I and Form
II). A copy of any order passed by the
Court under sub-section (1) of Section 5 of the Act shall be sent to the
District Child Welfare Committee whose duty shall be to ensure that the child
is getting proper care and protection from the authorised custodian from
time-to-time. (1)
The Prohibition of Child Marriage (Karnataka)
Rules, 2008 is hereby repealed. (2)
Notwithstanding such repeat all cases and
other proceedings pending or continued under the said rules at the commencement
of these rules, shall be continued and disposed of in accordance with the
provisions of the repealed rules, as if these rules had not been made. (See sub-rule (11) of Rule 4) Specific roles of Child Marriage Prohibition
Officer and various Department Department
of Women and Child Development (Nodal Department) Whenever
child marriage takes place/going to take place in near future, the Deputy
Director shall issue directions (oral/writing) to taluk and village team to
stop child marriage. Provide
legal service aid at pre/post child marriage issues. The Deputy
Director shall report the statistics of the incidence of child marriage
periodically as per Section 16(3)(1) of the Act to the Director, Women and
Child Development in Form III. Department
Officer shall verify the documents submitted for marriage. Programme
Officer should assist the taluk and village team in preventing child
marriage. Programme
Office should Assist Deputy Directors of the districts by providing incidence
report, collection of data from taluks and prepare District level reports and
act as a bridge between the Deputy Director, Women and Child Development
Department, taluk and village team, The
concerned Child Development Project Officer shall compulsorily be present at
the venue of the mass marriage to ensure that no child marriage takes place
in mass marriage;!. Shall
ensure that the Organisers of mass marriages shall maintain register and a
list of the proposed eligible couples to be married and record details after
verifying their photographs, birth certificate or school certificate or
medical certificate in proof of age from a registered Medical Officer of
General Hospital. Shall be held
responsible in case of failure to stop child marriage. Revenue
Department The
District Registrar should register all organisations of mass marriages be it
individuals, trusts, charities, societies and temple authorities, The
District Registrar shall renew the registration once in every five years. Concerned
designated marriage registering authority shall be present at the venue of
mass marriages and register such marriages on the spot and registration
certificates shall be issued to the couples. For any reason beyond control if
it is not possible to register marriages on the same day, such marriages are
to be registered within a month, Shall not
allow the persons to marry whose names are not in the list. Tahsildars
of the respective Taluk should accord permission to the eligible organisers
for conducting mass marriages. The
Tahsildar shall enlist the support of Child Marriage Prohibition Officers and
other officers for verification of application and documents submitted, and
grant permission on authentication of the list. The
Revenue Inspector shall compulsorily be present at the venue of the mass
marriage to ensure that no child marriage takes place in mass marriages. At the
request of the concerned Child Marriage Prohibition Officers, the Revenue
Authorities will co-operate as and when required to prevent the occurrence of
child marriage. Ensure
that organisers of mass marriages shall maintain registers and a list of the
proposed eligible couples to be married and record details after verifying
their Photographs/Birth Certificates/School Certificate/Medical Certificate
in proof of age from a Medical Officer of General Hospital. Assist
Child Marriage Prohibition Officers of the Nodal Department as and when
required. Shall report
the incidence of child marriage, if they come across when raids are conducted
for the purpose of detecting child labour, on factories or any other place. Assist to
Child Marriage Prohibition Officers of the Nodal Department as and when
required. Education
Department Shall
ensure that the organisers of mass marriages shall maintain register and a
list of the proposed eligible couples to be married and record details after
verifying their Photographs, Birth Certificate/School Certificate/Medical Certificate
in proof of age from a Medical Officer of General Hospital. ` If any
children are found to be absent to the school for more than a week should
insist the concerned teacher to obtain reports regarding the reason for
absence, Should
produce School Certificate for verification of age when found necessary. Monitor
closely so that children attending the school does not get married within the
prescribed age group. Assist to
Child Marriage Prohibition Officers of the Nodal Department as and when
required. Sensitize
the children on the issue of child marriage. Health and
Family Welfare Department Verify
documents before issuing age certificate, Medical Officer should verify the
School admission certificate, if available. Issue
necessary direction to the general hospital to issue age certificate in the
prescribed form, Assist to
Child Marriage Prohibition Officers of the Nodal Department as and when
required. Sensitize
the community about consequences of child marriage (Health related issues). Police
Department (Home Department) Maintain
law and order at the venue of marriage. File First
Information Report and ensure that the cases are booked under the relevant
sections of the Act. At the
request of the concerned Child Development Project Officer the Police
Authorises will co-operate as and when required to prevent the occurrence of
child marriage. To take
cognizance of the crime and act suo motu. Assist to
Child Marriage Prohibition Officers of the Nodal Department as and when
required. Rural
Development and Panchayat Raj Department To ensure
that no child marriage has taken place in the village of respective
panchayats. Assist to
Child Marriage Prohibition Officers of the Nodal Department as and when
required, Create
wide awareness regarding prevention of child marriage Sensitize
members of Zilla Panchayath, Taluk Panchayat and Grama Panchayath, Taluk
Panchayath on their role in preventing child marriages. Social
Welfare Department If any
children are found to be absent to the hostel for more than a week should
insist the concerned teacher/parents to obtain reports regarding the reason
for absence. Assist to
Child Marriage Prohibition Officers of the Nodal Department as and when
required. Sensitize
Hostel Children regarding evils of child marriage Backward
Classes Development Department If any
children are found to be absent to the hostel for more than a week should
insist the concerned teacher/parents to obtain reports regarding the reason
for absence-Assist to Child Marriage Prohibition Officers of the Nodal
Department as and when required. Tribal
Welfare Department If any
children are found to be absent to the hostel for more than a week should
insist the concerned teacher/parents to obtain reports regarding the reason
for absence. Assist
Child Marriage Prohibition Officers of the Nodal Department as and when
required. [See
sub-rule (2) of Rule 6] Mandatory
Procedures for Mass Marriages to prevent Child Marriages 1.
Registration of the Organisers.- (i)
All organisers of Mass Marriages be it
individuals, trusts, charities, societies, temple authorities should register
themselves with the District Registrar under the Revenue Department. (ii)
The registration and shall be renewed once in
every 5 years. (iii)
The organisers should submit the following
documents during the registration,- (a)
Name of the Individual/Trust/Society/Temple
Authorities/Religious Organisations/Church/Others specify. (b)
Address and proof of the same. (c)
Registration Certificate in case of
trust/society. (d)
Affidavit stating that no child marriage will
take place in the event of mass marriages. (iv)
No organisation/individual shall conduct mass
marriages without registration. (v)
The Registration Certificate should be
submitted to the authorities at the time of seeking permission for conducting
marriages. (vi)
The Registering Authority has the power to
cancel registration on grounds of violation of the norms such as encouraging
marriages of couple under age. 2.
Permission for conducting Mass Marriages.-- The organisers shall submit
application to the Tahsildars of the Taluk seeking the permission conducting
the mass marriages. The application should be accompanied by the following
documents.- (i)
Separate Photograph of the bride and groom
participating in the mass marriage. (ii)
Birth Certificate/School Certificate/Age
Certificate from the Government Medical Officer of General Hospital as age
proof. (Refer annexure for further details on age proof). (iii)
Residential address proof in the form of
Ration Card, Election Voters ID, Pass Port, Driving Licence etc. (iv)
Affidavit from both the parents stating the
bride and groom are of attend marriageable age, with consent of the couple. 3.
The time frame for submission of the
application to the Tahsildar is as under.- (i)
If the number of couples participating in the
event is less than 100, then twenty days prior to date of marriage, (ii)
If the number of couple participating in the
event is up to 200 then forty days prior to the date of marriage. (iii)
If the number of couple participating in the
event is more than 200 then sixty days prior to the date of marriage. 4.
The application submitted after dead line
shall not be accepted. 5.
The Tahsildar shall enlist the support of
Child Marriage Prohibition Officers (CMPOs) and other Officers for verification
of application and documents submitted, and grant permission on authentication
of the list. 6.
Copies of official permission along with the
authenticated list and with details of date, day, venue, number of couples
approved etc. must be submitted to the Child Development Project Officer The
copy of the permission and list of approved application should be available at
the venue on the day of the mass marriage for scrutiny and inspection by the
Child Marriage Prohibition Officers. 7.
No marriage shall be permitted unless the
name of the couple is found in the list of applications approved by the
Scrutiny Committee. 8.
The couple getting married in such mass
marriages shall be of the marriageable age as prescribed under the age of the
bride be not less than Eighteen years and that of the groom not less than
twenty-one years. 9.
In case of discrepancies such as age of the
bride or groom is suspected to be below prescribed age or either of the persons
are suspected to be already married, such applications shall be rejected and
the facts should be brought to the notice of the organisers. 10.
Organisers should compulsorily advertise that
child marriage is prohibited and is a punishable offence. Punishable measures
for violation should be highlighted. 11.
Concerned Child Development Project Officers
and Revenue Inspector shall compulsorily be present at the venue of the mass
marriage to ensure that no child marriage takes place in mass marriages. 12.
At the request of concerned Child Development
Project Officers, Police and Revenue Authorities shall co-operate as and when
required to prevent the occurrence of child marriage. 13.
Videograph/Photograph of mass marriages shall
be submitted, by the organiser to the concerned Tahsildar or Child Development
Project Officers within seven days of the marriage. 14.
Action to be initiated against those
organisers who exercise pressure on officials/authorities in the process of
scrutiny of applications/providing permission. 15.
Concerned Child Development Project Officers
shall compulsorily file First Information Report against organisers if couple
below marriageable age are found participating in mass marriages. 16.
Every marriage conducted in the Mass Marriage
shall compulsorily be registered under the Karnataka Marriages (Registration
and Miscellaneous Provisions) Act, 1976 (Karnataka Act 2 of 1984). Concerned
designated marriage Registering Authority shall be present at the venue and
register such marriages on the spot and Registration Certificates shall be
issued to the couples. For any reason beyond control if it is not possible to
register marriages on the same day, such marriage can be registered within
thirty days. Parents and parties shall be responsible for getting the marriage
registered, failing which they shall be liable for action. 17.
A monthly report of mass marriage shall be
sent by the concerned Child Development Project Officers/Child Marriage
Prohibition Officers giving details including violations if any, to the Deputy
Commissioner of the district and a copy marked to the Deputy Director,
Department of Women and Child, Disabled, Senior Citizens Welfare. [See
sub-rule (2) of Rule 6] Mandatory
Norms for Submission of Age Proof 1.
The order of priority of documents for
submission of proof of age is as follows namely,- (a)
Birth Certificate issued based on
registration of births at the office of the Registrar/Sub-registrar of Births
and Deaths, (b)
If Birth Certificate is not available then
School Certificate, that school admission register extract/Transfer
Certificate/SSLC Certificate to be submitted, (c)
Only in the event of documents as mentioned
in items (a) and (b) not available then age certificate from a Medical Officer
of Government Hospital to be submitted along with the affidavit by the
parents/person stating that, I/My son/daughter has not admitted to the school. 2.
No other documents such as affidavits, from
any other person/Officer other than the Medical Officer can be accepted as
proof of age. 3.
Application for Age Certificate by the
parents/guardians of bride or bridegroom shall be Form 1 annexed to this schedule. 4.
Age Certificate by the Medical Officer shall
be submitted in Form 2 annexed to this schedule shall have the following
photograph of the child, signature/thumb impression of the child, name of
parents/guardians, residence address, process of medical examination, name
designation, signature of the doctor and his/her registration number. 5.
In the event of suspicion of Birth
Certificate being false then School Certificate shall be obtained for cross
verification, 6.
When there is conflict in information of
Birth Certificate and school Certificate, than Birth Certificate will be
binding provided this has been recorded in Official Register. FORM 1 [See
sub-rule (2) of Rule 6 and Schedule III] Application for Age Certificate for
Purpose of Marriage (By Parents/Guardians/Bride/Groom if
Major) Photo Name of the Child/Person: Name of Parent/Guardian: Address: Dear Sir/Madam, I, request that the Age Certificate
may kindly be issued for my son/daughter/me for the purpose of his/her/my
marriage. My son/daughter/I does/I do not have an Official Birth Certificate/
and as she has/he has /I have not been to school, also does/do not have any
School Certificate. I therefore request an Age Certificate be issued further to
a detailed medical examination. DECLARATION I, understand that child marriage is
an offence punishable under the Prohibition of Child Marriages Act, 2006. Date: Place: Name and Signature/LT1 of Applicant OFFICIAL
PURPOSE Name and Signature of receiving
Medical Staff Office Seal Date: FORM 2 [See
sub-rule (2) of Rule 6 and Schedule III] Government of Karnataka Photo (Name
of...................................................Government Hospital Age
Certificate for the Purpose of Marriage) Name:...............
Age:................................... Sex:.................. Date of
Birth:.......................... Name of
Father/Mother/Guardian:..................................................... Address :
..................................................................................... Identification Marks: 1................................................. 2................................................. Hospital Out patient
No..........,Date:.................... X-Ray (if needed) Medical Examination Done: (1) Height: (2) Weight: (3) Body Mass Index (BM1): Part Radiographed:
(1)............................................................ (2)............................................................ (3)............................................................ (4)............................................................ (5)............................................................. [See Rule
3] Information
to be filed by the informer of Child Marriage (1)
Details of Informer/Applicant.- (a)
Name (b)
Father Name (c)
Age (d)
Address (e)
Phone/Mobile No. (f)
Address of work place (2)
Details of the child marriage proposed to be
performed in.- (a)
place (b)
Date (c)
Whether the child marriage propose to be
performed is in.- (i) ??Mass Marriage (ii) ??Temple (iii) ??Institution/Organisation (iv) ??Individually (3)
Jurisdictional police stations where the
child marriage is proposed .- (a)
Name of the police station (b)
Phone No. (c)
E-mail address (d)
Fax No. (4)
Purpose of the information to the Child
Marriage Prohibition Officer Name: Place: Signature...................... Report: Carpal Bones Epiphysis of based of first Meta
Carpal Epiphysis of Head of 2nd, 3rd, 4th and
5th Meta Carpal ?Epiphysis lower and of Redius and Ulna ?Epiphysis of Head of Radius and Olecronon Epiphysis of lower end of Humours Epiphysis of Iliac Crest ?Tri radiate Cartillage (Y-Shaped) Epiphysis of Proximal end of Femur (i.e. Head, Greater Trochanter and
lesser Trochanter) Epiphysis of lower end of Femur Epiphysis of upper end of Tibia and
Fibula Third Molar tooth of Mandible Opinion
supported by reasons: In view of my opinion and reasons, I
hereby certify his/her age is......... DECLARATION We understand that the child marriage
is an offence punishable under the Prohibition of Child Marriage Act, 2006. Signature of Left thumb impression
child/person examined. Signature of Left thumb impression
Parent/Guardian. Date of
issue:....................................... Date : Name and Signature of Medical Officer Office Seal: Registration Number............... Place: Address of the Government General
HospitalPROHIBITION
OF CHILD MARRIAGE (KARNATAKA) RULES, 2014
PREAMBLE