Allahabad High Court: Pulls Up UP Police due to inaction.

Contempt Proceedings, Judicial Intervention are necessary to address the growing problem of child marriages in Uttar Pradesh, as observed by the Allahabad High Court, which has been increasingly coming across cases where minor girls are being married off, highlighting the need for strict enforcement of the Prohibition of Child Marriage Act, 2006. The Court’s recent judgment in the case of Chahat Ansari and 2 Others vs State of U.P. and 3 Others has underscored the importance of invoking provisions of the Act against persons responsible for solemnising or facilitating child marriages, emphasizing that eradication of child marriage is "not merely a statutory goal, but a constitutional imperative".

Case Details

• Court Name: Allahabad High Court
• Bench/Judges: Justice Rajiv Gupta and Justice Dr Ajay Kumar-II
• Case Title: Chahat Ansari and 2 Others vs State of U.P. and 3 Others
• Date of Judgment: May 13, 2026

Legal Reasoning & Statutory Context

The Prohibition of Child Marriage Act, 2006 is a special legislation aimed at preventing child marriages, and its provisions, particularly Sections 10 and 11, specifically criminalize conducting, promoting, or permitting child marriages. The Act defines a child as a person who has not completed twenty-one years of age in the case of males and eighteen years of age in the case of females. In the instant case, the Court observed that investigating agencies generally invoke kidnapping and POCSO provisions in cases involving minor girls but ignore Sections 10 and 11 of the Prohibition of Child Marriage Act. The Court held that since the girl was below 15 years of age, her consent was legally immaterial, and both her alleged earlier marriage and subsequent marriage with petitioner no.2 were prima facie child marriages punishable under the Prohibition of Child Marriage Act. The Court also referred to the Indian Penal Code (IPC), which defines kidnapping and abduction, and the Protection of Children from Sexual Offences Act (POCSO), which deals with sexual offences against children. The Court’s decision is also in line with the principles of the Constitution of India, which guarantees the right to life and liberty, and the right to equality and dignity. The Court’s directions to the Director General of Police, Uttar Pradesh, to issue instructions and circulars to all police commissioners and district police chiefs to ensure proceedings under Sections 10 and 11 of the Prohibition of Child Marriage Act are initiated whenever child marriages come to light during complaints or investigations, highlight the need for a proactive approach to prevent child marriages.

Impact on Litigants & Practical Takeaways

The judgment has significant implications for the general public, particularly in Uttar Pradesh, as it emphasizes the need for strict enforcement of the Prohibition of Child Marriage Act, 2006. The Court’s directions to the police authorities to invoke provisions of the Act against persons responsible for solemnising or facilitating child marriages will help to prevent such marriages and protect the rights of minor girls. The judgment also highlights the importance of verifying the age of the girl child before solemnising a marriage, and the need for religious and social organizations to ensure that they are not facilitating child marriages. The public can take practical steps to prevent child marriages by reporting such incidents to the authorities, and by ensuring that they are not facilitating or promoting child marriages. The judgment also emphasizes the need for awareness and education about the provisions of the Prohibition of Child Marriage Act, 2006, and the importance of protecting the rights of minor girls. Furthermore, the judgment underscores the need for effective implementation of the Act, and the importance of holding persons responsible for solemnising or facilitating child marriages accountable. The Court’s decision will have a significant impact on the prevention of child marriages in Uttar Pradesh, and will help to protect the rights of minor girls. Additionally, the judgment will also have implications for other states in India, where child marriages are prevalent, and will highlight the need for strict enforcement of the Prohibition of Child Marriage Act, 2006. Overall, the judgment is a significant step towards preventing child marriages and protecting the rights of minor girls in India.

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