Supreme Court Ruling on Child Betrothals

22-10-2024

On October 18, 2024, The Supreme Court of India ruled that child betrothals are often used to avoid punishment under the Prohibition of Child Marriage Act (PCMA).
Child betrothals violate a child’s “free choice” and “childhood.”
The Court urged Parliament to consider banning these practices by amending the Prohibition of Child Marriage Act (PCMA), 2006 and and declared it will override all personal laws.
This judgment aims to tackle the ongoing issue of child marriage and the cultural practices that support it.

Child betrothals refer to the practice of arranging a marriage for a child, typically before they reach the legal age of marriage.
In many cultures, this involves formal agreements between families to promise a child in marriage, even if the child is not yet mature enough to understand or consent to the marriage.
This practice can often lead to child marriage, where the child is forced to marry at a young age, which can have serious implications for their health, education, and personal freedom.

The Supreme Court, led by Chief Justice D.Y. Chandrachud, stated that the current anti-child marriage law (Prohibition of Child Marriage Act (PCMA) is unclear regarding child betrothals.
The Court said that child betrothals are often misused to bypass legal repercussions associated with child marriage.
The Court urged Parliament to ban child betrothals and classify any child whose marriage is arranged as “a minor in need of care and protection” under the Juvenile Justice Act.
The judges said that India has not adequately addressed the issue of child betrothals, despite international recognition of the problem since the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1977.
The PCMA defines girls under 18 and boys under 21 as children, making child marriage a criminal offense and a social issue.

Under PCMA, girls below 18 and boys under 21 are considered children.
The act criminalizes child marriage and recognizes it as a social evil.
The government's recent note aimed to clarify that PCMA should take precedence over conflicting personal laws but has yet to be formally adopted.

Impacts on Boys and Girls:

The Court pointed out that boys also suffer due to societal pressures, often leading to violence against child brides.
The judgment highlighted the need to consider the rights and experiences of boys alongside girls in the context of child marriage.

The Court said that since the PCMA was enacted, the rate of child marriages in India has decreased from 47% to 23.3%.
However, challenges remain in effectively preventing child marriages.
The existing programs are helpful but not comprehensive enough to tackle the issue fully.

The Court linked child marriage to the increased risk of sexual exploitation, particularly for girls, emphasizing that it fundamentally undermines their rights and dignity.
Child marriage means that children are forced to get married, which forces them to take on adult responsibilities, like running a household or having children.
This takes away their chance to enjoy being kids and experiencing a normal childhood, such as going to school, playing, and growing up without pressure.
It can harm their physical and emotional well-being, preventing them from living a carefree childhood.

Sexuality Education: The Court recommended implementing age-appropriate and culturally sensitive sexuality education in schools.
Community Initiatives: Suggested initiatives like a ‘Child Marriage Free Village’ campaign to raise awareness and combat child marriage at the community level.
Online Reporting Mechanism: The establishment of a portal for reporting child marriages, aimed at facilitating timely intervention.
Compensation Schemes: Proposed the Ministry of Women and Child Development create a compensation scheme for girls opting out of child marriages.
Annual Budget Allocation: Suggested that an annual budget be allocated to prevent child marriages and support affected individuals.

Child marriage is a significant social issue in India, with the government taking steps to curb the practice through various legislative and awareness measures.
The Prohibition of Child Marriage Act (PCMA), 2006 aims to prevent child marriages and protect the rights of minors.
The Act was enacted to replace the Child Marriage Restraint Act of 1929. It was notified on November 1, 2007.

Data from NCRB: The National Crime Records Bureau (NCRB) reports the number of child marriage cases registered under PCMA, with an increasing trend over the years:
1. 2017: 395 cases
2. 2018: 501 cases
3. 2019: 523 cases
4. 2020: 785 cases
5. 2021: 1,050 cases

Objective: The Act aims to prohibit child marriages and punish those involved.
Child Marriage Prohibition Officers (CMPOs):
1. Appointed by State Governments to oversee and enforce the Act.
2. Responsibilities include preventing child marriages, collecting evidence for prosecutions, and raising awareness about the negative impacts of child marriage.

Constitutional Framework:
1. State Subject: Law and order, including child marriage, falls under the State List of the Seventh Schedule of the Constitution.
2. Implementation: The responsibility for enforcement lies with State Governments, which are given the task of maintaining law and order and protecting citizens’ rights.

Awareness Drives: The Central Government conducts media campaigns and outreach programs to educate the public about the harmful effects of child marriages.
Beti Bachao Beti Padhao (BBBP): A government scheme focusing on gender equality and discouraging child marriage.
National Commission for Protection of Child Rights (NCPCR): Engages in awareness programs and consultations to address child marriage issues.
CHILDLINE (1098): A 24/7 emergency service for children in crisis, providing immediate assistance and interventions related to child marriage.

Cultural Resistance: Certain communities may resist the prohibition of child marriage, citing customs or religious beliefs. Some have even challenged the Act in court based on personal laws.
Geographic Disparities: Certain states like Andhra Pradesh, Assam, Bihar, Jharkhand, Rajasthan, Telangana, Tripura, and West Bengal report higher instances of child marriage compared to the national average.

Introduced in Parliament on December 21, 2021.
Aims to raise the legal marriage age for women to 21 years, aligning it with that of men.
Proposes consequential amendments across various personal laws, including:
1. The Indian Christian Marriage Act, 1872
2. The Parsi Marriage and Divorce Act, 1936
3. The Muslim Personal Law (Shariat) Application Act, 1937
4. The Special Marriage Act, 1954
5. The Hindu Marriage Act, 1955
6. The Foreign Marriage Act, 1969
The Bill has been referred to the Department Related Parliamentary Standing Committee on Education, Women, Children, Youth and Sports for examination.

Prevalence Reduction: Since the enactment of the PCMA, the prevalence of child marriage has significantly decreased from 47% in 2006 to 23.3% during the NFHS-5 (2019-21).
Focus on High-Prevalence States: Continued efforts are required in states with higher rates of child marriage to further reduce the prevalence.