New Delhi : Today the Supreme Court has given its verdict regarding child marriage. Today on the matter, the bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said that to stop child marriage, we need awareness, just making provisions for punishment will do nothing.
Today on this matter, CJI Chandrachud said that, we looked at the objective of the Prevention of Child Marriage Act (PCMA) and explained it well. There is a provision of giving punishment without any harm, which has proved to be ineffective. We need massive awareness campaigning for this.
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Along with this, today the Supreme Court said that 'personal law' cannot affect the Child Marriage Prohibition Act and marriages done in childhood take away the option of choosing the life partner of one's choice. In this regard, the bench of CJI DY Chandrachud, Justice Pardiwala and Justice Manoj Mishra also issued several guidelines for effective implementation of the Child Marriage Prevention Act in the country.
While reading the judgment today, CJI Chandrachud said that the law to prevent child marriage cannot be affected through 'personal law'. He said that such marriages are a violation of the free will of minors to choose their life partner.
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The bench said the authorities should focus on prevention of child marriage and protection of minors and punish violators as a last resort. The bench also said that there are some flaws in the child marriage prohibition law. The Prohibition of Child Marriage Act, 2006 was enacted to prevent child marriage and ensure its eradication. This Act replaced the Child Marriage Prohibition Act of 1929.
Today the bench said, “Preventive strategies should be tailored to different communities. This law will be successful only when there is multi-sector coordination. There is a need for training and capacity building of law enforcement officers. “We emphasize that this matter requires a community-based approach.”
It may be noted that the Supreme Court had reserved its decision in this regard after the hearing held on July 10. This petition was filed by the Society for Enlightenment and Voluntary Action in the year 2017. In this regard, the NGO alleged that the Child Marriage Prohibition Act is not being implemented in letter and spirit on the cases arising from it. (with agency input)
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