“Supreme Court rules Child Marriages violate constitutional rights and issued guidelines to prevent the practice.”
October 18, 2024 2025-03-01 23:47“Supreme Court rules Child Marriages violate constitutional rights and issued guidelines to prevent the practice.”
“Supreme Court rules Child Marriages violate constitutional rights and issued guidelines to prevent the practice.”
By Niyati Dhiman
The Supreme Court, in response to a petition filed by the NGO Society for Enlightenment and Voluntary Action, delivered a judgment elaborating on how child marriages violate constitutional rights and issued guidelines to prevent the practice. The Court observed that child marriage infringes upon Article 21 of the Constitution by denying children their rights to self-determination, choice, autonomy, sexuality, health, and education. Chief Justice of India DY Chandrachud noted that child marriages deprive children of their agency and childhood, leaving girls isolated from their families and subject to control by their marital homes, while boys face undue responsibilities at a young age. The judgment highlighted that patriarchal norms adversely affect both genders, forcing them into predefined societal roles.
The Court referred to the 2019-2021 National Family Health Survey-5, which reported that 23.3% of girls under 18 and 17.7% of boys under 21 were affected by child marriage, despite a significant decline since the enactment of the Prohibition of Child Marriage Act in 2006. It emphasized that child marriage imposes adult responsibilities on children, objectifies them, and strips them of their autonomy. The practice also undermines reproductive rights, as girls are often forced into childbearing, leading to severe psychological and physical trauma, including post-traumatic stress and depression. Furthermore, the Court highlighted that child marriage denies women access to essential health services, violating their right to a dignified life.
The judgment noted that marriage often marks the end of education for girls, particularly in patriarchal societies, where their marital families control their decisions. This disruption, especially for minors, impedes their development and violates their fundamental right to education under Article 21-A of the Constitution. The Court concluded by stressing the need for a community-driven approach to raise awareness and prevent child marriages while emphasizing the multidimensional harm caused by the practice. Advocate Mugdha represented the petitioners, while ASG Aishwarya Bhati appeared for the Union Government.
Case Title: Society for Enlightenment and Voluntary Action and Ors. Vs. Union of India (UOI) and Ors., Supreme Court
Citation: 2024 INSC 790
