GG News Bureau
New Delhi, 18th Oct. The Supreme Court of India on Friday said that the Prohibition of Child Marriage Act (PCMA) cannot be overridden by traditions associated with personal laws. The bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, articulated that marriages involving children infringe upon their fundamental right to choose a life partner, thereby violating their free will.
The apex court issued comprehensive guidelines aimed at ensuring the effective implementation of the PCMA throughout the country. It noted that the matter of whether the PCMA takes precedence over personal laws is currently under consideration in Parliament, following a request from the Centre for clarification on this issue.
CJI Chandrachud highlighted that the judgment was grounded in an extensive sociological analysis. “The PCMA seeks to prohibit child marriages, which not only affect children but also curtail their rights to choose partners and life paths before they have matured and can assert their agency,” he stated.
The court further emphasized the need for an intersectional approach in addressing child marriages, acknowledging that marginalized communities often face overlapping vulnerabilities. “This intersectionality considers factors like gender, caste, socio-economic status, and geography, which significantly heighten the risks of early marriage,” CJI Chandrachud noted.
The ruling underscores the importance of tailored preventive strategies that address the root causes of child marriage, including poverty, gender inequality, and lack of education. “The PCMA, as a piece of social legislation, will only succeed through the collective efforts of all stakeholders,” the court asserted, calling for a broader social framework and multi-sectoral coordination.
To enhance the law’s effectiveness, the Supreme Court recommended improvements to reporting mechanisms, expanded public awareness campaigns, and investment in training law enforcement personnel. “The implementation of these guidelines must prioritize prevention over protection and protection over penalization,” the court stated, acknowledging the potential adverse impact of criminalization on families and communities.
While advocating for increased awareness and education regarding child marriage and its legal consequences, the court clarified that it does not discourage the prosecution of individuals committing illegal acts. It urged law enforcement agencies to focus on both preventing child marriage and enforcing the law.
This judgment was prompted by a Public Interest Litigation (PIL) filed by the Society for Enlightenment and Voluntary Action, which sought the effective implementation of laws to combat child marriages. The ruling is a significant step towards safeguarding the rights and agency of children across India.
The post Prohibition of Child Marriage Act Cannot Be Stunted by Personal Laws: SC appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates.
