The Supreme Court on Friday laid down comprehensive guidelines to address child marriage in India, issuing a specific order to integrate comprehensive sexuality education (CSE) into the school curriculum in all states and Union Territories (UTs), However it missed the announcement for 2006. The Prohibition of Child Marriage Act (PCMA) can override personal laws.
A bench led by Chief Justice of India Dhananjay Y Chandrachud rejected the central government’s plea to declare that the PCMA will override personal laws governing marriage, pending consideration in Parliament, and not to rule on it. Discussion was cited as to whether the Act should replace personal laws. There are various religious communities where marriages can take place before the age of majority – 18 years.
The personal law applicable in Islam allows a Muslim girl to enter into a contract of marriage after attaining puberty of 15 years, while in India a set of general civil and criminal laws prohibit the marriage of girls under 18 years of age. does, and further makes sex with minors punishable. Crime.
“The Child Marriage Prohibition (Amendment) Bill 2021 was introduced in Parliament on 21 December 2021. The Bill was referred to the Standing Committee related to the Department of Education, Women, Children, Youth and Sports for examination. The Bill seeks to amend the PCMA to clearly state the broader impact of the statute on various personal laws. Therefore, the issue is sub-judice before Parliament,” said the bench, which also comprised Justice JB Pardiwala and Justice Manoj Mishra.
Delivering a comprehensive judgment on a plea seeking strict implementation of the PCMA, the bench underlined the importance of child protection, saying the focus of the authorities should be on prevention and protection rather than mere punitive action.
“The aim of the law enforcement machinery should not be to focus only on increasing prosecution without making best efforts to prevent and prohibit child marriage. The focus on penalties reflects a loss-based approach that waits for losses to occur before taking any action. This approach has proven ineffective in bringing about social change.
The offense of promoting or conducting child marriage is punishable with imprisonment up to two years along with fine. Such marriages are not void ab initio and can be annulled at the instance of either party.
The apex court strongly criticized the existing provisions. “The existence of child marriage and its continued recognition as a valid (and voidable) marriage in law jeopardizes the dignity of children. The institution of child marriage, more directly than any other institution, sets up the sexual exploitation of child brides by design. But it refrained from ruling on the constitutionality of the law as no legal challenges had been brought to the PCMA provisions.
The bench was hearing a 2017 PIL filed by NGO Society for Enlightenment and Voluntary Action and activist Nirmal Gorana alleging that the PCMA was not being implemented “in letter and spirit” because the judgment it delivered was An important step. Fight against child marriage.
Harmful effects of child marriage:
The bench highlighted that child marriage is not only illegal but also a violation of the rights of minors to freely choose their lives. It states that by becoming victims of early marriage, minors lose the autonomy to take important decisions about their future, including education and personal development.
In the 141-page judgment, the bench elaborated on the harmful effects of child marriage, and emphasized that it not only violates the rights of children but also causes lifelong physical and psychological damage. The court said that child marriage is an affront to the constitutional principles of equality, liberty and free expression and deprives children of their right to self-determination, autonomy and sexuality.
The judgment particularly highlighted the violation of Article 21 of the Constitution, which guarantees the right to life and liberty. Children married as minors are deprived of their right to choice, education and child development. For girls, early marriage results in serious health complications, as they are often forced to give birth early, increasing the risk of maternal morbidity including anemia, hypertension, and complications during pregnancy. It said such marriages also impose social isolation and patriarchal burdens, with young girls facing forced marital relations and reproductive pressure, while boys assume premature responsibility as providers.
“A direct attack on patriarchal institutions is, at once, to deny any deviation and to value some more than others…when women are forced to marry to protect their ‘purity’ and ‘virginity’ They are physically deprived of the right to sexuality. Autonomy and freedom to make one’s own choices as one sees fit. The minor is then locked away with the expectation of mandatory heterosexuality. A person’s ability to experience sexual desire naturally and navigate their choices in intimacy has been destroyed at the altar of tradition and social norms,” it underlined.
According to the bench, the multi-pronged attack of child marriage is oppressive not only for heterosexual girls and boys but also for all gender and sexual minorities.
Sexuality education and protocols for schools
Emphasizing that sexuality education is an important tool in the long-term eradication of child marriage, the Court directed that this initiative be aligned with the framework established by the World Health Organization (WHO) and other global experts in the field.
The Court emphasized that comprehensive sexuality education should include not only discussions on sexual and reproductive health, but also important information on the legal aspects of child marriage, gender equality, and the physical and mental health effects of early marriage. Needed The court directed that the content should be age-appropriate and culturally sensitive, empowering students by giving them information about their legal rights, the importance of delaying marriage, and the wide-ranging impact of child marriage on well-being and future opportunities.
The court’s directive to integrate sexuality education is part of a broader strategy aimed at prevention. Schools, especially in areas with a high prevalence of child marriage, are now required to include dedicated sections in textbooks that outline the legal protections, health risks and preventive measures related to child marriage.
Legal and Administrative Reforms:
Apart from educational measures, the court addressed shortcomings in the legal framework and enforcement of the PCMA, 2006. It directed that Child Marriage Prohibition Officers (CMPOs) should be appointed at the district level, who will have the special responsibility of preventing child marriages. To strengthen enforcement, the court ordered that state governments allocate adequate resources to these officers, and that collectors and superintendents of police take an active role in prosecuting persons facilitating or organizing child marriages.
The court also called for the establishment of special police units and fast-track courts to expeditiously dispose of child marriage cases, noting that delays in legal proceedings could cause additional harm to the affected children.
A community-driven approach:
Recognizing the deep-rooted cultural practices that promote child marriage, the Court stressed the need for community-driven strategies. It directed States and Union Territories to develop annual action plans to prevent child marriage by incorporating local cultural contexts in their efforts.
The Ministry of Women and Child Development was tasked with finding economic incentives to prevent child marriage. This includes programs such as conditional cash transfers, scholarships, and financial incentives for families to keep girls in school, ensuring they are not forced into early marriage for economic reasons.
Accountability and Resource Allocation:
In an effort to ensure accountability, the Supreme Court directed that any failure of district authorities to act in child marriage cases would require immediate administrative action. Additionally, it was mandated that quarterly performance reviews be conducted by the Ministry of Women and Child Development, and refresher training for CMPOs be conducted every six months.
The judgment directed the National Legal Services Authority (NALSA) to conduct a nationwide legal awareness campaign to educate communities about the illegality of child marriage. NALSA was also tasked with providing free legal aid to victims of child marriage.
