In a full text of the order issued by Justice Kalyan Shrestha and former Justice Bharat Bahadur Karki on May 16, 2012, SC has stated that implementation state of the existing laws related to prohibiting child marriage and dowry system, among other ill traditions, has remained dismal. [break]
The SC has concluded that child marriage and dowry system are the cause of “baikalya pratha” in some communities in the Tarai. As per this tradition, girls, who get married early in childhood, should stay at their parent´s home throughout their lives as widow if grooms die, get married to another woman or do not take the brides home.
The apex court has also ordered the government to make necessary legal arrangements and implement them in order to prohibit child marriage “completely”. SC has also ordered the government to form a special taskforce to study the issue.
In the same verdict, the apex court has ordered the ministry of women, children and social welfare to form an institutionalized mechanism to eradicate “Baikalya Pratha”, which is against the existing laws. Likewise, SC has ordered to the child welfare communities to work in coordination to abolish the ill-practice.
Also, the SC´s ruling said that some traditions being practiced by the society cannot be eradicated just by expressing commitment or introducing laws.
SC has stressed on the need for collective attempts from all walks of life to eradicate child marriage and dowry system. A group of advocates led by Kabita Kandel had filed a writ petition at the apex court urging it to issue necessary to eradicate “Baikalya Pratha”.
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