SC declines government’s request to apply child marriage act across all religions
- In Reports
- 11:34 AM, Oct 19, 2024
- Myind Staff
On Friday, the Supreme Court rejected the Union government's request to apply the Prohibition of Child Marriage Act (PCMA) universally, across all religions and personal laws. However, the court suggested that Parliament should consider banning child betrothals.
The court's ruling came in response to a Public Interest Litigation (PIL) that brought attention to the alarming rate of child marriages in India despite the PCMA being in force for 18 years. A bench comprising Chief Justice D Y Chandrachud, Justices J B Pardiwala, and Manoj Misra delivered a 141-page judgment on the issue, stating, “The issue of the interface of personal laws with the prohibition of child marriage under PCMA has been subject of some confusion.”
The Union government, represented by Additional Solicitor General Aishwarya Bhati, had submitted a written request on behalf of the Ministry of Women and Child Development, pointing out conflicting opinions among high courts regarding whether PCMA takes precedence over personal laws. The government asked the Supreme Court to issue a directive stating that “PCMA will prevail over the personal law governing marriage.”
In his judgment, CJI Chandrachud pointed out that the Centre had failed to provide details of the conflicting high court rulings and noted that the PCMA itself does not address the validity of child marriages. The court further mentioned the Prohibition of Child Marriage (Amendment) Bill, 2021, which was introduced on December 21, 2021, and subsequently referred to a standing committee for examination. The bill aims to clarify the PCMA's overriding effect on personal laws, leaving the issue pending before Parliament. The Supreme Court, therefore, refrained from issuing any ruling on the matter.
The court did, however, lay out detailed guidelines to enhance efforts aimed at preventing child marriages. In doing so, the bench expanded its focus to address the issue of child betrothals, highlighting that the PCMA is silent on this practice. The judgment stated, “Marriages fixed in the minority of a child 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.” The court also referred to international law, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which stipulates against child betrothals.
The bench advised that “Parliament may consider outlawing child betrothals, which may be used to evade penalty under PCMA.” It further noted that while a betrothed child can be protected under the Juvenile Justice Act (JJ Act) as a "child in need of care and protection," targeted measures are still required to eradicate this practice.
The court acknowledged the efforts of advocate Mugdha, who represented the NGO ‘Society for Enlightenment and Voluntary Action,’ in highlighting the loopholes in the implementation of PCMA. The bench concluded that a comprehensive approach involving all stakeholders is necessary to prevent child marriages, emphasizing that “penalising approach for violation of PCMA should be last resort.”
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