Prohibition of child marriage act cannot be stunted by personal laws, rules SC

PTC News: The Supreme Court has passed an order stating that Prohibition of Child Marriage Act cannot be stunted by traditions under any personal law and child marriages are a sheer violation of the free will to choose a partner. 

A bench of judges headed by Chief Justice of India (CJI) D Y Chandrachud comprising Justices J B Pardiwala and Manoj Misra issued a spate of guidelines in order to maintain effectiveness implementation of the law. 

The bench also noted that whether the Prohibition of Child Marriage Act (PCMA) would prevail over personal laws was pending with the Parliament for consideration. The Centre had urged the apex court to hold the PCMA to prevail over personal laws. The CJI highlighted that a "very extensive" sociological analysis was made in the judgement.

"While the PCMA seeks to prohibit child marriages. It does not stipulate big social malaise of marriages fixed in the minority of a child which also have the effect of violating the rights to choice...It takes away from them, their choice of partner and life paths before they mature and form the ability to assert their agency...," the CJI said.

"The PCMA as a social legislation will only succeed through the collective efforts of all stakeholders to address the issue within a broader social framework, which emphasises the need for multi sectoral coordination," it added.

The apex court also said that child marriages require an extensive approach that also addresses the vulnerabilities the children go through especially girls from the marginalised communities. 

The observations by the apexc ourt were made in the wake of the plea filed by the Society for Enlightenment and Voluntary Action seeking effective implementation of the law to prevent child marriages.