NEW DELHI: On Friday, the Supreme Court rejected the Union government’s proposal to apply the Prohibition of Child Marriage Act (PCMA) uniformly across all religions and personal laws. Instead, the court suggested that Parliament should consider banning child betrothals as well.
In a detailed 141-page judgment addressing a public interest litigation (PIL) that highlighted the ongoing prevalence of child marriages despite the PCMA’s enactment 18 years ago, the bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, acknowledged the confusion surrounding the interaction of personal laws and the prohibition of child marriage under the PCMA.
The Union government, represented by Additional Solicitor General Aishwarya Bhati, had requested the court to issue directives affirming the PCMA’s precedence over personal laws governing marriage. However, the court pointed out that the government did not provide sufficient details regarding conflicting high court judgments on the matter. The bench noted that the PCMA does not address the validity of child marriages directly and emphasized that the Prohibition of Child Marriage (Amendment) Bill, 2021, is still pending in Parliament, which seeks to clarify the statute’s overriding effect over personal laws.
While refraining from making the ruling requested by the government, the court did establish guidelines aimed at bolstering efforts to prevent child marriages. The bench also expanded the discussion to include the issue of child betrothals, noting that the PCMA does not currently address this topic. The judges highlighted that such betrothals infringe upon children’s rights to choice, autonomy, and agency.
The court urged Parliament to consider banning child betrothals, which could be a loophole for evading penalties under the PCMA. Although a betrothed child may receive protection under the Juvenile Justice Act, targeted measures are necessary for the elimination of this practice.
The bench commended advocate Mugdha, representing the NGO Society for Enlightenment and Voluntary Action, for bringing attention to the implementation gaps in the PCMA. It stressed the importance of a comprehensive approach involving all stakeholders to effectively prevent child marriages, suggesting that punitive measures should be a last resort.
