Child marriage prevention cannot be undermined by personal laws: SC

Authorities should focus on preventing child marriages and protecting vulnerable minors, with penalising offenders being a last resort: Supreme Court

The Supreme Court on Friday ruled that the Prohibition of Child Marriage Act (PCMA) cannot be restricted by personal laws. A bench headed by Chief Justice D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, declared that marriages involving minors violate their right to freely choose a life partner. The court added that it was important to prioritise the protection of minors over personal or religious practices.

In the judgement, Chief Justice Chandrachud asserted that personal laws cannot override the PCMA, which was enacted to prevent child marriages and protect minors from their detrimental effects. "Such marriages infringe upon the free will of minors to choose their life," he said.

 

While the court acknowledged gaps in the law, it laid out a series of guidelines aimed at enhancing the enforcement of the PCMA. The focus of authorities should be on preventing child marriages and protecting vulnerable minors, with penalising offenders being a last resort, the court stated.

Gaps in the Prohibition of Child Marriage Act

The Prohibition of Child Marriage Act, 2006, was introduced to replace the outdated Child Marriage Restraint Act of 1929, with the goal of eradicating child marriages across India. However, the Supreme Court recognised that the law still has certain shortcomings in its implementation. The bench recommended a "community-driven approach" to address these gaps, stating that preventive measures should be customised for different communities and regions to effectively combat child marriages.

The court also highlighted the importance of multi-sectoral coordination, urging for training and capacity building among law enforcement officers to ensure the Act’s success. "The law will only succeed when there is coordination across multiple sectors," the bench said.

The court further stressed that the solution requires efforts from both government agencies and local communities.

Defining child marriage in India

According to the PCMA, "child marriage" refers to a marriage where either party is a child, defined by gender: a male is considered a child if he is under 21, and a female if she is under 18. Although some have argued that personal laws, such as Sharia and Nikah in the Muslim community, govern the definition of marriage, the courts have consistently ruled that the PCMA applies to all Indians, including Muslims, except certain groups.

This ruling further reinforces the idea that personal laws cannot justify or permit child marriages.

Girls married young more likely to suffer domestic violence

Child marriage can have severe consequences, particularly for young girls. According to UNICEF, child marriage—defined as a formal or informal union before the age of 18—can lead to a lifetime of hardship. Girls married as children are more likely to suffer from domestic violence, face complications during pregnancy and childbirth, and experience limited educational and economic opportunities.

UN Women, the United Nations entity for gender equality, goes further by defining child marriage as a form of forced marriage, as children under 18 are considered incapable of giving valid legal consent.

India continues to struggle with high rates of child marriage. According to a May 2023 UN report, one in three of the world’s child brides live in India. Over half of the country’s child brides are concentrated in five states: Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh, with Uttar Pradesh alone home to the largest number of child brides.

The report also highlights the heightened risk faced by girls from rural areas, poorer households, or with little or no education. Fewer than 20 per cent of girls who marry young remain in school, limiting their future prospects and deepening cycles of poverty.