Personal laws can't hinder law preventing child marriage: SC

The Supreme Court on Friday said the Prohibition of Child Marriage Act cannot be stunted by traditions under any personal law and observed marriages involving children violate the free will to choose a life partner.

A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra further issued a slew of guidelines for the effective implementation of the law on prevention of child marriages in the country.

The bench, however, noted the issue 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 court noted that child marriages require an intersectional approach that acknowledges the overlapping vulnerabilities experienced by children, especially girls, from marginalised communities.

"Inter-sectionality involves considering factors like gender, caste, socio-economic status and geography, which often increase the risks of early marriage" the CJI said.

Preventive strategies should be tailored to the unique needs of various communities besides focusing on addressing the root causes of child marriage, such as poverty, gender, inequality, lack of education, the judgement 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.

According to the top court, the scenario necessitated the enhancement of reporting mechanisms, expansion of public awareness campaigns and investment in the training and capacity building of law enforcement.

"The implementation of these guidelines is to prioritise prevention before protection and protection before penalisation. We are cognisant of the impact that criminalisation has on families and communities. To ensure effective use of the penal provisions in the PCMA, it is imperative that there is widespread awareness and education about child marriage and the legal consequences of its commission," it said.

The apex court, however, clarified that it should not be understood that prosecution of those who commit illegal acts is discouraged.

Further, it opined the law enforcement machinery ought to make best efforts to prevent and prohibit child marriage and not solely focus on prosecution.

The judgement came on a PIL filed by Society for Enlightenment and Voluntary Action seeking effective implementation of the law to prevent child marriages.