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Child marriage in India predominantly occurs in families that are informed by a survivalist and patriarchal mindset that responds to social, cultural and religious norms and economic necessity, court has noted
The Supreme Court has recently noted that the issue of the interface of personal laws with the prohibition of child marriage under the Prevention of Child Marriage Act, 2006 has been a subject of some confusion.
While the top court has observed certain gaps in the Prohibition of Child Marriage Act 2006 (PCMA) in light of the Constitutional guarantees accruing to children, it has refrained from making any observations on the aspect of personal laws.
It is to be noted that the Union government submitted before Court that it may direct PCMA prevails over personal law. "There are conflicting pronouncements by various High Courts about the precedence of the Prohibition of Child Marriage Act (PCMA), 2006 over the personal laws. Hence, Hon’ble Court may consider issuing directions pronouncing that the PCMA will prevail over the personal laws governing marriage...", court was told through an affidavit.
On the noting that the Prohibition of Child Marriage (Amending) Bill 2021 was introduced in Parliament on 21 December 2021, which seeks to amend the PCMA to expressly state the overriding effect of the statute over various personal laws, the top court has not expressed any views on the issue as the same is pending consideration before Parliament.
"The PCMA as a social legislation will only succeed through the collective efforts of all stakeholders to address the issue within a broader social framework which emphasises the need for multi-sectoral coordination. This necessitates the enhancement of reporting mechanisms, expansion of public awareness campaigns, and investment in the training and capacity-building of law enforcement officers and related actors. It is also crucial to regularly monitor the implementation of the Act, conduct evaluations to identify gaps, and establish feedback mechanisms to continually refine and improve responses to child marriage...", top court has added.
Court has further noted that while the PCMA seeks to prohibit child marriages, it does not stipulate on betrothals. "Marriages fixed in the minority of a child also have the effect of violating their rights to free choice, autonomy, agency and childhood. It takes away from them their choice of partner and life paths before they mature and form the ability to assert their agency. International law such as CEDAW stipulates against betrothals of minors. Parliament may consider outlawing child betrothals which may be used to evade penalty under the PCMA. While a betrothed child may be protected as a child in need of care and protection under the JJ Act, the practice also requires targeted remedies for its elimination....", Court has added.
Society for Enlightenment and Voluntary Action, an NGO that has worked extensively against child marriage, approached supreme court with the grievance that despite the enactment of the Prohibition of Child Marriage Act 2006, the rate of child marriages in India is alarming.
The Petitioner sought stronger enforcement mechanisms, awareness programs, the appointment of Child Marriage Prohibition Officers, and comprehensive support systems for child brides – including education, healthcare, and compensation, to ensure the protection and welfare of vulnerable minors.
Case Title: Society for Enlightenment and Voluntary Action & Anr. vs. Union of India & Ors.
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