Prohibition of Child Marriage Act cannot be stunted by practices under personal laws: Supreme Court

The Supreme Court on Friday said that the Prohibition of Child Marriage Act cannot be allowed to be stunted by practices under personal law, reported The Times of India.

Personal laws in India are a set of laws that govern individuals in matters such as marriage, divorce, inheritance, adoption and guardianship. They are based on religious scripture. Only Goa and Uttarakhand do not follow personal laws for such matters, instead relying on a Uniform Civil Code.

The court also told Parliament to consider outlawing child betrothals, which “have the effect of violating free choice, autonomy, agency and childhood”, reported Live Law.

The bench of Chief Justice DY Chandrachud with Justices JB Pardiwala and Manoj Misra was delivering a judgement on a plea by the Society for Enlightenment and Voluntary Action seeking effective implementation of the Prohibition of Child Marriage Act, 2006, enacted to eradicate the practice of child marriage. The legislation replaced the Child Marriage Restraint Act, 1929.

“Such marriages are violative of minors’ free will to choose life,” the court said.

The bench said that it had “looked at the entire gamut of laws on the prevention of child marriages” and issued several directions to “achieve the whole purpose of the law”.

The court’s guidelines include: “Preventive strategy should be tailored to different communities, and the law will only succeed when there is multi-sectoral coordination. Training and capacity building of law enforcement officers need to be there. We emphasise that there needs to be community-driven approach.”

Since the Prohibition of Child Marriage Act, however, does not deal with the practice of “marriages fixed in the minority of a child”, the Supreme Court urged Parliament to consider amending the law.

“Parliament may consider outlawing child betrothals, which can be used to evade penalty under PCMA,” the court said. “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.”