'Bill Pending In Parliament' : Supreme Court Refrains From Deciding If Prohibition Of Child Marriage Act Overrides Personal Laws
While issuing various guidelines for the prevention of child marriages, the Supreme Court refrained from deciding the issue whether the Prevention of Child Marriage Act, 2006 overrides personal laws which sanction such marriages.The Court noted that the Parliament is seized of the issue since a bill introduced in 2021 to amend the Prevention of Child Marriage Act to give it overriding effect...
While issuing various guidelines for the prevention of child marriages, the Supreme Court refrained from deciding the issue whether the Prevention of Child Marriage Act, 2006 overrides personal laws which sanction such marriages.
The Court noted that the Parliament is seized of the issue since a bill introduced in 2021 to amend the Prevention of Child Marriage Act to give it overriding effect over personal laws is still pending.
A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was pronouncing judgment in a PIL filed by an NGO Society for Enlightenment and Voluntary Action seeking steps to prevent child marriages.
The bench noted that the impact of personal laws on the PCMA has been a subject matter of "some confusion." The Court stated that after the judgment was reserved, the Union Government filed a written submission stating that the Court may issue a direction that the PCMA prevailed over the personal laws. However, this aspect was not addressed during the hearings, the Court noted. Hence, the Court left the issue open, without an adjudication, especially considering the pending bill in the Parliament.
"The issue of the interface of personal laws with the prohibition of child marriage under the PCMA has been a subject of some confusion. The Union in its submission filed after the judgment was reserved has stated that this court may direct the PCMA prevails over personal law. Details of conflicting opinions were not furnished in the submissions by either parties to these proceedings. The PCMA states nothing on the validity of the marriage. The Prohibition of Child Marriage Amendment Bill 2021 was introduced in the Parliament on 21, December, 2021. The bill was referred for examination to the Department-related Standing Committee on Education, Women, Children, Youth and Sports. The bill sought to amend the PCMA to expressly state the overriding effect of the PCMA over various personal laws. The issue is therefore pending consideration before Parliament," the Court observed.
The Court observed that the PCMA has certain gaps. However, in the absence of a constitutional challenge, the legal questions on these issues are kept open for adjudication in an appropriate proceedings.
It may be noted that the Supreme Court is seized of the issue regarding the validity of the Muslim personal law allowing minor girls to marry on attaining the age of puberty. Recently, the Kerala High Court held that the Prohibition of Child Marriage Act will supersede the Muslim Personal Law (Shariat) Application Act, 1937
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.
Other reports about the judgment can be read here.
Case Title: Society for Enlightenment and Voluntary Action and Anr. v. UoI and Ors. WP(C) No. 1234/2017
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