“Supreme Court Calls for Outlawing Child Betrothals, Advocates Preventive Measures Over Prosecution.”
October 18, 2024 2025-03-01 23:43“Supreme Court Calls for Outlawing Child Betrothals, Advocates Preventive Measures Over Prosecution.”
“Supreme Court Calls for Outlawing Child Betrothals, Advocates Preventive Measures Over Prosecution.”
By Niyati Dhiman
The Supreme Court has recommended that the Parliament consider amending the Prevention of Child Marriage Act (PCMA), 2006, to explicitly outlaw child betrothals. The Court highlighted that the current provisions of the PCMA do not address the practice, allowing it to be used as a loophole to evade penalties under the Act.
In a judgment containing detailed guidelines to strengthen the implementation of the PCMA, the bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra observed that child betrothals violate a child’s autonomy, free choice, and agency. The practice denies children the opportunity to choose their life partners upon reaching maturity, the Court noted. It further underscored international commitments, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which condemn child betrothals.
The judgment suggested that a betrothed child could be considered a child in need of care and protection under the Juvenile Justice Act but emphasized that targeted interventions are essential to eradicate the practice.
In its ruling, authored by CJI Chandrachud, the Court stressed the importance of community awareness over mere reliance on prosecutions. “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,” the Court stated. It called for a community-driven approach to sensitizing people about the harms of child marriages while remaining mindful of the socio-cultural implications of criminalization on families and communities.
The judgment arose from a Public Interest Litigation (PIL) filed by the Society for Enlightenment and Voluntary Action, which sought stronger measures to prevent child marriages. Advocate Mugdha represented the petitioner, while Additional Solicitor General Aishwarya Bhati appeared for the Union government.
The Court’s recommendations mark a significant step toward safeguarding children’s rights, promoting awareness, and addressing cultural practices that perpetuate child marriages and betrothals.
Case Title: Society for Enlightenment and Voluntary Action and Ors. Vs. Union of India (UOI) and Ors., Supreme Court
Citation: 2024 INSC 790
