Prohibition of Child Marriage Act cannot be stunted by practices under personal laws: Supreme Court
The court urged Parliament to consider outlawing child betrothals, which ‘have the effect of violating free choice, autonomy, agency and childhood’.
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The Supreme Court on Friday said that the Prohibition of Child Marriage Act cannot be allowed to be stunted by practices under personal law, reported The Times of India.
Personal laws in India are a set of laws that govern individuals in matters such as marriage, divorce, inheritance, adoption and guardianship. They are based on religious scripture. Only Goa and Uttarakhand do not follow personal laws for such matters, instead relying on a Uniform Civil Code.
The court also told Parliament to consider outlawing child betrothals, which “have the effect of violating free choice, autonomy, agency and childhood”, reported Live Law.
The bench of Chief Justice DY Chandrachud with Justices JB Pardiwala and Manoj Misra was delivering a judgement on a plea by the Society for Enlightenment and Voluntary Action seeking effective implementation of the Prohibition of Child Marriage Act, 2006, enacted to eradicate the practice of child marriage. The legislation replaced the Child Marriage Restraint Act, 1929.
“Such marriages are violative of minors’ free will to choose life,” the court said.
The bench said that it had “looked at the entire gamut of laws on the prevention of child marriages” and issued several directions to “achieve the whole purpose of the law”.
The court’s guidelines include: “Preventive strategy should be tailored to different communities, and the law...
