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Supreme Court to hear plea against ‘mass child marriages’

Madras HC had directed DSP to diligently implement law against child marriage in future.

CHENNAI/CHIDAMBARAM: The Madras high court has refused to direct the police to take action on alleged 18 mass child marriages performed by Dikshitars in Chidambaram Temple last year stating that it would create serious problems for those who had tied the knot.

Hearing a petition filed by former Hindu Religious and Charitable Endowments minister V.V. Swaminathan seeking action against mass child marriages by families of Dikshitars in Chidambaram Natarajar Temple last year, Justice P.N. Prakash said the court should be very slow in interfering with the sensitive aspects of citizens and an omnibus direction cannot be given to police to take action.

An appeal filed by Swaminathan against the order will come up before the Supreme Court on Monday. After his complaints to the Cuddalore district authorities and police before and after the marriage went unheard, Swaminathan moved the court. “The Dikshitars who only marry within their community, traditionally marry at a very young age. Since only a married male will get a say in temple management and share in income, they are still practising child marriage. The males are married to even girls below the age of five,” he said.

Swaminathan who was in M.G. Ramachandran’s ministry in 1985-1987 said he filed a complaint with the district administration as soon as he came to know about the planned mass marriage of 18 children in the temple premises on February 10, 2014. “I had given a list of names of child brides along with their parents’ names. But no action was taken to stop it,” he said. The complaint given to the Chief Minister’s cell also proved to be a waste.

“However noble and laudable the motive may be, this Court should be very slow in interfering with the sensitive aspects of citizens and an omnibus direction cannot be given to the police to take action against all the persons who had undergone such marriage earlier, because that would lead to serious problem,” Justice Prakash said in his recent order. He said the petitioner has given a list of names of persons who appear to have undergone child marriage in Chidambaram and he is seeking a direction to take action against them.

“Under such circumstances, this court directs the district administration and the Deputy Superintendent of Police, Chidambaram, to diligently implement the provisions of Prohibition of Child Marriage Act, 2006 in future and take all possible steps to prevent such marriages. As and when the petitioner lodges a complaint in future, the same shall be enquired into, if any child marriage takes place to stop the same,” the judge said.

However, Sri Sabanayagar Temple pothu dikshitars’ association secretary I. Sarveshwara Dikshitar denied allegations of mass child marriages last year. “No such marriages are being conducted now. The practice was stopped long back after it was banned by law,” he told Deccan Chronicle.

“It was only a poonal kalyanam (sacred thread ceremony or upanayanam) held on that day but they misunderstood it as a kalyanam (wedding)”, he explained. “If it is a poonal kalyanam, why do they print marriage invitation with the name of child bride? I came to know about the child marriages from one of the dikshitars who gave the invitations and details of child brides and grooms. In my complaint to the police and district collector, I had attached a copy of the invitation. Despite the evidence, no action was taken to stop the marriage,” Swaminathan, a resident of Chidambaram, said.

The practice of child marriage could be attributed to the traditional administrative system of the temple, said a whistle-blower dikshitar, on condition of anonymity. “Only a married dikshitar will be allowed to perform puja and right to participate in the temple administration. Besides, he will get a share from the temple income. This system leads to child marriage,” he said. However, the married couple is allowed to live together only after the girl has attained puberty, he added.

“Earlier, the marriages used to be held with lot of festivity. The couple will be taken in a procession through all the Mada Veethis,” R. Manikandan, a shopkeeper near the Natrajar temple, said.

CPI (M) Chidambaram MLA K. Balakrishnan said his party had filed a complaint with the Superintendent of Police, Cuddalore, about the mass child marriages but no action was taken on it. “The district administration takes swift action normally on child marriage cases. But when it comes to dikshitars, there is hesitation to act. Such practices should not be allowed to be continued in the name of tradition. It violates rights of the children,” he said.

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( Source : deccan chronicle )
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