Appointment of the Child Marriage Prohibition Officer under the Prohibition of Child Marriage Act, 2006
The Social Welfare and Nutritious Meal Programme Department of the Government of Tamil Nadu issued G.O. (Ms.) No. 169, Social Welfare and Nutritious Meal Programme (SW5), dated 30 December 2009, appointing every District Social Welfare Officer as the Child Marriage Prohibition Officer for the relevant district. The notification authorises these officers to conduct preliminary enquiries, assist the Police, enforce maintenance orders and perform other listed functions concerning child marriage cases.
What the notification does
G.O. (Ms.) No. 169, Social Welfare and Nutritious Meal Programme (SW5), dated 30 December 2009, was issued by the Social Welfare and Nutritious Meal Programme Department of the Government of Tamil Nadu. Acting under the Prohibition of Child Marriage Act, 2006, the Governor of Tamil Nadu appoints the District Social Welfare Officer of each district as its Child Marriage Prohibition Officer.
Each appointed officer has jurisdiction over the district concerned. The notification also lists the powers and responsibilities attached to the appointment.
Who it affects
G.O. (Ms.) No. 169 directly assigns child marriage prevention and enforcement responsibilities to every District Social Welfare Officer in Tamil Nadu. It is also relevant to Police officers who receive assistance from the appointed officer during arrests, searches, seizures, vehicle confiscation and sealing of places.
The notification may affect people accused in child marriage cases, including public servants. It also addresses authorities or individuals who issue bogus certificates and people entitled to enforce interim or permanent maintenance orders.
Key powers and responsibilities
G.O. (Ms.) No. 169 gives each Child Marriage Prohibition Officer the following functions:
- Conduct a preliminary enquiry.
- Enquire into the age of the child in relation to a marriage and related ceremonies, including betrothal.
- Assist the Police during the arrest of an offender and during search and seizure.
- Assist the Police with confiscation of vehicles used for the marriage and sealing of the place.
- Treat an authority or person issuing a bogus certificate as an abettor to be charged in the case.
- Inform the superior officer when an accused person is a public servant.
- Implement orders passed under Sections 3, 4 and 5 of the Prohibition of Child Marriage Act, 2006.
- Enforce interim or permanent maintenance orders.
The notification further states that a confession made before the Child Marriage Prohibition Officer may be admissible in evidence.
District jurisdiction
The appointment under G.O. (Ms.) No. 169 is district based. A District Social Welfare Officer acts as the Child Marriage Prohibition Officer only for the district concerned, rather than being given statewide jurisdiction by this notification.
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Common questions
Who is the Child Marriage Prohibition Officer in my district?
The District Social Welfare Officer is appointed as the Child Marriage Prohibition Officer for the district concerned.
Can the Child Marriage Prohibition Officer assist the Police?
Yes. The officer may assist the Police during arrests, searches and seizures, and with confiscating vehicles used for the marriage or sealing the place.
Can the officer enquire into a child's age before the marriage takes place?
The officer may enquire into the child's age in connection with the marriage and related ceremonies, including betrothal.
What happens if someone issues a bogus certificate in a child marriage case?
The notification states that the authority or person who issued the bogus certificate shall be charged as an abettor in the case.
