Child Marriage : Child Welfare Committee is equivalent to Judicial Magistrate of First Class but cannot direct registration of FIR

Allahabad High Court Sets Aside Child Welfare Committee's Directive on FIR Registration. The Court rules that the Child Welfare Committee exceeded its jurisdiction by directing police to register an FIR under the Prohibition of Child Marriage Act, 2006.

In a significant ruling, the Allahabad High Court has set aside an order by the Child Welfare Committee (CWC) of Badaun, which directed the local police to register a First Information Report (FIR) concerning a minor girl's marriage. The judgment, delivered by Justice Chawan Prakash, emphasized that the CWC does not possess the jurisdiction to instruct police on FIR registration, as such powers are reserved for Judicial Magistrates under the Code of Criminal Procedure (Cr.P.C.).

The case originated when Rishi Pal, the revisionist, reported that his minor daughter was enticed away by named individuals, following which she was found unconscious and pregnant. The CWC, upon learning of the girl's marriage, directed the police to file an FIR under the Prohibition of Child Marriage Act, 2006. However, the Court clarified that while the CWC functions as a bench with powers akin to a Judicial Magistrate, its authority is limited to matters of child care and protection, not extending to direct police actions for FIR registration.

Justice Prakash's ruling underscored that the CWC's mandate is to ensure the welfare and protection of children, forwarding reports to the appropriate authorities when legal violations are suspected. The judgment further elaborated on the statutory limits of the CWC, citing the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Prohibition of Child Marriage Act, 2006.

This decision not only nullifies the CWC's directive but also reinforces the procedural boundaries within which such committees must operate, ensuring that administrative and judicial functions are appropriately exercised within the legal framework.

Bottom Line:

Child Welfare Committee (CWC) does not have jurisdiction to direct police to register an FIR; it can only forward a report to Juvenile Justice Board or concerned police authority regarding violations of the Prohibition of Child Marriage Act, 2006.

Statutory provision(s): Section 27(9) Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15 Prohibition of Child Marriage Act, 2006, Section 156(3) Cr.P.C.

Rishi Pal v. State of U.P., (Allahabad) : Law Finder Doc Id # 2797639