Marriages Fixed During Childhood Undermine Free Will: Supreme Court Suggests Legislative Ban on Child Betrothals

In a landmark judgment, the Supreme Court has proposed that Parliament should amend the Prevention of Child Marriage Act (PCMA), 2006, to specifically outlaw child betrothals, which are not directly addressed under the current law. The Court emphasized that child betrothals undermine a child’s ability to make free and informed decisions about their life partner. It highlighted that marriages fixed during childhood violate autonomy, free choice, and the natural development of the child.

The judgment, delivered by a bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was in response to a PIL filed by the Society for Enlightenment and Voluntary Action. The PIL sought effective measures to combat child marriages across the country.

Key Observations by the Court:

1. Violation of Free Choice and Autonomy: The Court noted that marriages arranged while children are minors prevent them from exercising autonomy and forming their own choice of life partner. The judgment stated, “Marriages fixed in the minority of a child also have the effect of violating free choice, autonomy, agency and childhood.”
2. Gap in the Law: The Court acknowledged that while the PCMA provides penalties for child marriages, it does not cover child betrothals. As a result, families may arrange betrothals during childhood and later carry out marriages after the child reaches the legal age, evading legal consequences.
3. International Treaties: The judgment referenced international conventions like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which call for the elimination of child betrothals. The Court suggested, “Parliament may consider outlawing child betrothals which can be used to evade penalty under PCMA.”
4. Need for Awareness: While the judgment did not discourage prosecution for child marriages, it emphasized that creating community awareness is equally important. The Court stated that a “community-driven approach” should be adopted, taking into account the social impact of criminalization on families and communities. The goal, it said, is to prevent child marriages rather than focus solely on prosecution.
5. Protection under Juvenile Justice Act: The Court also suggested that children who are betrothed may be classified as children in need of care and protection under the Juvenile Justice Act and called for targeted remedies to eliminate the practice.

Case Background:

The PIL was filed by the Society for Enlightenment and Voluntary Action, seeking effective measures to combat child marriages in India. The case was argued by Advocate Mugdha on behalf of the petitioners, while ASG Aishwarya Bhatirepresented the Union.

Judgment Emphasizes the Need for a Holistic Approach:

In his judgment, CJI DY Chandrachud underscored the importance of balancing legal enforcement with raising awareness at the community level. He stated, “We must not be understood to discourage prosecution; however, the aim must not be to only increase prosecution without taking efforts to prevent child marriage.”

Court’s Recommendation:

• The Court called for legal amendments to explicitly ban child betrothals and urged authorities to adopt a more preventive approach by educating communities about the harms of child marriage.
• The Supreme Court’s judgment is a significant step toward eradicating child marriages and betrothals in India. By calling for a more comprehensive approach that combines legal enforcement with community awareness, the Court aims to protect children’s rights to make free, informed choices about their futures.

Click to read: Society for Enlightenment and Voluntary Action and Anr. v. UoI and Ors. WP(C) No. 1234/2017