New Delhi: The Supreme Court of India has refused the government’s plea to extend the Prohibition of Child Marriage Act (PCMA) to all citizens, regardless of their religion and personal laws. However, the apex court suggested that Parliament should consider banning child betrothals and address the gaps in existing legislation, reports the Times of India.
The judgment, delivered by a bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, came in response to a Public Interest Litigation (PIL) that highlighted the persistence of child marriages despite the PCMA being enacted 18 years ago. The court stated that the issue of how personal laws intersect with the PCMA had led to considerable confusion.
Chief Justice Chandrachud, authoring the 141-page judgment, remarked that while the government sought a declaration that the PCMA should prevail over personal laws, it had not provided sufficient details on conflicting judgments from various High Courts. The court refrained from issuing the requested directive but emphasized that Parliament should take necessary legislative steps.
“The Prohibition of Child Marriage (Amendment) Bill, 2021, introduced in December 2021, was referred to a department-related standing committee for further examination,” the Chief Justice noted. He highlighted the detrimental effects of child marriage, particularly on young girls, who are often forced into such unions under the guise of protecting their “chastity” and “virginity.”
The judgment emphasized that child marriage violates Article 21 of the Constitution, which guarantees personal liberty and the freedom to make choices regarding marriage, partner selection, and reproductive rights. The court also highlighted that child marriages hinder educational and intellectual development, particularly for girls, and impose undue responsibilities on boys forced to assume adult roles.
The Supreme Court’s ruling has reignited calls for comprehensive reform to combat child marriage in India, urging the government to take swift and decisive action to protect minors across all faiths.
