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Ms Muthamma Devaya and anr Vs. the Union of India and ors

Ms Muthamma Devaya and anr vs The Union of India and ors

Type Court Judgment Court Karnataka Decided Nov 10, 2010
~3 min read
https://sooperkanoon.com/case/907047

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
WRIT PETITION NO. 11154 /2006(GM-RES-PIL)
Subject
MRTP

Case Summary

AI-generated summary - not the official court judgment text.

[S.KHEHAR ; A.S.BOPANNA JJ.] This writ petition is filed under articles 226 and 227 of the constitution of india praying to direct the respondents to investigate the incident of child marriage dated 18.5.2006 at Javalgiri Village at Sindhanur Tq. Which was participated by the Chief Minister of Karnataka and to act ...

Key legal issue
MRTP

Parties & Advocates

Appellant / Petitioner

Ms Muthamma Devaya and anr

Advocate Sri Sheelaramanathan. Adv

Respondent

The Union of India and ors

Advocate H R Amaravathi. Adv.; Sri Basavaraj Kareddy

Excerpt

[s.khehar ; a.s.bopanna jj.] this writ petition is filed under articles 226 and 227 of the constitution of india praying to direct the respondents to investigate the incident of child marriage dated 18.5.2006 at javalgiri village at sindhanur tq. which was participated by the chief minister of karnataka and to act as per the mandate of the laws and declared policy of the state vide annex. p.order1. the narration of facts in the present writ petition is heart rendering. the photographs appended to the writ petition have been a cause of deep distress to us. the photographs reveal, the marriage of minor girls, not yet in their teens, to fully grown men. in one of the photographs, the girl has been made to stand on a chair, so that she could garland her tall and fully grown groom. forced marriage of the girl child, one realizes, is one of the manifestations of cruelty, possibly without any equivalent comparison. it seems that the practice is common place in take part of the world. it may have remained unchecked for a variety of reasons including, poverty, lack of education, culture and ignorance. we are of the view that allowing the civil to continue without redressing it. would make us a party to the disgraceful activity.2. as a first step, we feel a core committee needs to be constituted, which will expose the extent to which the practice is in vogue, it would suggest ways and means to root it out from our society. and also, prevent it, to the extent possible, so that who have not. fallen prey to it can be saved.3. having been assisted by the learned counsel for the rival parties, we are satisfied, in constituting the following core committee, for the broad objectives narrated above.1. hon'ble dr.justice shivaraj v.patil. former judge. supreme court of india - chairman2. the secretary to government. department of revenue, state of karnataka - ex-officio member 3. secretary to government, department of women and child welfare. state of karnataka,- ex-officio member4. chairperson, karnataka child rights commission, bangalore.- ex-officio member above.the director, department of women and child welfare, government of karnataka, shall assist the committee as its member-secretary-. needless to mention that core committee shall be competent to formulate its own procedure, as also, the area of its jurisdiction, around the broad objectives narrated4. the.....

Full Judgment

ORDER

1. The narration of facts in the present writ petition is heart rendering. The photographs appended to the writ petition have been a cause of deep distress to us. The photographs reveal, the marriage of minor girls, not yet in their teens, to fully grown men. In one of the photographs, the girl has been made to stand on a chair, so that she could garland her tall and fully grown groom. Forced marriage of the girl child, one realizes, is one of the manifestations of cruelty, possibly without any equivalent comparison. It seems that the practice is common place in take part of the world. It may have remained unchecked for a variety of reasons including, poverty, lack of education, culture and ignorance. We are of the view that allowing the civil to continue without redressing it. Would make us a party to the disgraceful activity.

2. As a first step, we feel a Core Committee needs to be constituted, which will expose the extent to which the practice is in vogue, it would suggest ways and means to root it out from our Society. And also, prevent it, to the extent possible, so that who have not. Fallen prey to it can be saved.

3. Having been assisted by the learned counsel for the rival parties, we are satisfied, in constituting the following Core Committee, for the broad objectives narrated above.

1. Hon'ble Dr.Justice Shivaraj V.Patil. Former Judge. Supreme Court of India - Chairman

2. The Secretary to Government. Department of Revenue, State of Karnataka - Ex-Officio Member

3. Secretary to Government, Department of Women and Child Welfare. State of Karnataka,- Ex-Officio Member

4. Chairperson, Karnataka Child Rights Commission, Bangalore.- Ex-Officio Member above.

The Director, Department of Women and Child Welfare, Government of Karnataka, shall assist the Committee as its Member-Secretary-. Needless to mention that Core Committee shall be competent to formulate its own procedure, as also, the area of its jurisdiction, around the broad objectives narrated

4. The Chairman of the Core Committee shall be provided with office accommodation; as also, Secretarial Staff in the same building in which, the Secretary, Department of Revenue, Government of Karnataka has his office. The Chairman of the Core Committee shall be provided with adequate transport facilities, commensurate with the office held by him, as also, monthly remuneration ordinarily fixed for a retired Hon'ble Judge of the Hon'ble Supreme Court of India. The necessary Government Order, providing for the aforesaid facilities shall be issued, within one week from today. All the aforesaid facilities shall be made available, so as to ensure the commencement of activities at the hands of the Core Committee on or before 1.12.2010. A copy of the instant order be. Furnished to the learned counsel for the rival parties under the signature of the Court Officer attached to this Bench

5. With tiie constitution of Core committee, the instant writ petition stands disposed of. It shall be open to the petitioner to air all further grievances to the Core Committee, if the petitioner is so advised, in accordance with law.

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