New Delhi: Desisting from deciding the contentious issue whether the Prevention of Child Marriage Act ( PCMA), 2006, overrides personal laws which sanction such marriages, the Supreme Court on Friday issued a slew of guidelines for the prevention of child marriages.
SC recorded that Parliament is seized of the matter since a bill introduced in 2021 to amend the Prevention of Child Marriage Act to give it overriding effect over personal laws is still pending.
"Absent a constitutional challenge or a case being argued, we resist from making declarations and restrict ourselves to making suggestions for the scrutiny of the Union. The legal question on these issues, however, is kept open if it were to come before a constitutional court in an appropriate proceeding," a bench headed by CJI DY Chandrachud held.
The court also ruled that there are many gaps in PCMA and particularly highlighted the fact that the law is silent on the validity of child marriages which take place.
The bench noted that "while PCMA seeks to prohibit child marriages, it does not stipulate on betrothals. Marriages fixed in the minority of a child also have the effect of violating their rights to free choice, autonomy, agency and childhood".
The judgement adds "it takes away from them their choice of partner and life paths before they mature and form the ability to assert their agency. International law such as CEDAW stipulates against betrothals of minors".
The top court said that "Parliament may consider outlawing child betrothals which may be used to evade penalty under PCMA. While a betrothed child may be protected as a child in need of care and protection under the JJ (Juvenile Justice) Act, the practice also requires targeted remedies for its elimination".
The bench recorded that the "issue of the interface of personal laws with the prohibition of child marriage under PCMA has been a subject of some confusion". The Centre in its note of submission filed after the judgement was reserved in the case has stated that this court may direct that PCMA prevails over personal law.
SC recorded that Parliament is seized of the matter since a bill introduced in 2021 to amend the Prevention of Child Marriage Act to give it overriding effect over personal laws is still pending.
"Absent a constitutional challenge or a case being argued, we resist from making declarations and restrict ourselves to making suggestions for the scrutiny of the Union. The legal question on these issues, however, is kept open if it were to come before a constitutional court in an appropriate proceeding," a bench headed by CJI DY Chandrachud held.
The court also ruled that there are many gaps in PCMA and particularly highlighted the fact that the law is silent on the validity of child marriages which take place.
The bench noted that "while PCMA seeks to prohibit child marriages, it does not stipulate on betrothals. Marriages fixed in the minority of a child also have the effect of violating their rights to free choice, autonomy, agency and childhood".
The judgement adds "it takes away from them their choice of partner and life paths before they mature and form the ability to assert their agency. International law such as CEDAW stipulates against betrothals of minors".
The top court said that "Parliament may consider outlawing child betrothals which may be used to evade penalty under PCMA. While a betrothed child may be protected as a child in need of care and protection under the JJ (Juvenile Justice) Act, the practice also requires targeted remedies for its elimination".
The bench recorded that the "issue of the interface of personal laws with the prohibition of child marriage under PCMA has been a subject of some confusion". The Centre in its note of submission filed after the judgement was reserved in the case has stated that this court may direct that PCMA prevails over personal law.
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