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Prohibition of Child Marriage Act, 2006, was introduced to replace the outdated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.