4.8
While the Commission fully accepts the view that major social and economic
efforts are required to bring an end to the practice of child marriage amongst those
sections of society and communities where such marriages have long been conducted,
it cannot but express the view that the response of the Central Government in the "Action
Taken Memorandum" amounts, essentially, to a total disinclination to strengthen or alter
the law, in any respect, or indeed to see to its better implementation in any manner,
in respect of this very important social and cultural problem. The Commission
cannot accept the view that the responsibility of the Central Government ceases
because the present Act is administered by the State Governments or that the issue
of personal laws should be advanced to block any effort whatsoevdr in this overall
matter.
The
The Commission accordingly intends to pursue this matter further.
Commission is df the view that the matter of child marriage cannot be allowed to rest
with the timeiess exhortation that 'only through social and economic uplift" can this
practice be "better eradicated," as that would amount to acquiescing in an abdication
of responsibility which the Commission, for its part, considers inappropriate.
4.9
(D)
IMPLEMENTATION OF TREATIES & OTHER INTERNATIONAL
INSTRUMENTS
4.1 0 The principal effort of the Commission in 1996-97 related to the 1984 United
Nation Convention against Torture and Other Forms of Cruel, Inhuman and Degrading
Punishment or Treatment. In particular, the Comrnissipn marshalled its arguments
in favour of the country acceding to this Convention in a paper to be presented to the
Prime Minister and others for a meeting scheduled to be held on 4 April 1997. (see
paragraphs 3.28-3.32 above for the details).
4.1 1 In a range of other matters, the Commission drew upon tndia's obligations under
its treaty commitments, or its involvement in the adoption of other international
instruments, to press for their proper observance in respect of a variety of human rights.
References are made to these treaties and instruments, while discussing individual
issues, throughout this report. Suffice it to say that, three and a half years after it was
established, the Commission's daily reliance on these treaties and instruments in the
examination of issues before it, has Ied to an increasing realization, in various sections
of Government, and at various levels of it, that India's commitments.are to be honoured
not in the breach, but in practice.
,