'Marriages Fixed During Minority Of Child Violates Free Choice' : Supreme Court Suggests Ban On Child Betrothals

The Supreme Court has suggested to the Parliament to consider outlawing child betrothals by amending the Prevention of Child Marriage Act(PCMA), 2006. Since that PCMA does not deal with child betrothals, the Court noted that it can be used to evade the penalties under the Act.

"Marriages fixed in the minority of a child also have the effect of violating free choice, autonomy, agency and childhood. It takes away from them their choice of life partner before they mature and form the ability to assert agency," observed the Court in its judgment containing various guidelines to effectively implement the PCMA.

The Court noted that international treaties like the Convention on the Elimination of All forms of Discrimination against Women (CEDAW)  stipulate against child betrothals.

"Parliament may consider outlawing child betrothals which can be used to evade penalty under PCMA. While a betrothed child may be a child in need of care and protection under the Juvenile Justice Act, the practice requires targeted remedies for its elimination," the Court observed in the judgment.

The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was delivering the judgment in a PIL filed by the Society for Enlightenment and Voluntary Action seeking steps to stop child marriages.

The judgment authored by CJI DY Chandrachud stressed the need to spread awareness among communities instead of focus merely on prosecutions.

"We must not be understood to discourage prosecution, however, the aim must not be to only increase prosecution without taking efforts to prevent child marriage," the judgment stated.

The judgment emphasised a "community-driven approach" to create awareness, mindful of the effect of criminalisation on families and communities.

Advocate Mugdha appeared on behalf and ASG Aishwarya Bhati appeared for the Union.

Case Title: Society for Enlightenment and Voluntary Action and Anr. v. UoI and Ors. WP(C) No. 1234/2017

Citation : 2024 LiveLaw (SC) 811