New Delhi, Oct 18 (UNI) The Supreme Court on Friday said that the Parliament should consider outlawing child betrothals by amending the Prevention of Child Marriage Act (PCMA), 2006.
A bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, was hearing a Public Interest Litigation (PIL) filed by the Society for Enlightenment and Voluntary Action, which sought steps to combat child marriages.
While addressing the issue of child marriages, the bench observed that ‘marriages arranged during a child’s minority violate their free choice, autonomy, agency, and childhood.’
The court emphasized that such practices deprive children of the ability to choose a life partner once they have matured and developed their sense of agency.
The ruling comes with several guidelines aimed at strengthening the implementation of the Prohibition of Child Marriage Act (PCMA).
The court also pointed to international agreements, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which oppose child betrothals.
The judgment suggested that Parliament could consider banning child betrothals, noting that such practices might be used to avoid penalties under the PCMA.
“A betrothed child may be considered a child in need of care and protection under the Juvenile Justice Act, but the practice requires targeted remedies for its eradication,” the bench observed.
In the judgment authored by Chief Justice Chandrachud, the court stressed the importance of spreading awareness within communities, rather than focusing solely on prosecutions.
“We must not be understood as discouraging prosecution; however, the goal should not be to simply increase prosecutions without taking measures to prevent child marriages,” the CJI said.
The bench emphasized the need for a “community-driven approach” to create awareness while being mindful of the potential impact of criminalization on families and communities.
