Supreme Court: The Supreme Court on Friday (18 October 2024) gave its verdict on the petition related to the increasing cases of child marriage in the country. After the hearing on July 10, the court had reserved the decision. This petition was filed by the Society for Enlightenment and Voluntary Action in 2017.
Cannot be influenced through personal law
The bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra also issued several guidelines for effective implementation of the Child Marriage Restraint Act in the country. While reading the decision, the Chief Justice said that the law to prevent child marriage cannot be affected through personal law.
The Chief Justice said that such marriages are a violation of the free will of minors to choose their life partner. 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 law prohibiting child marriage.
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.
Supreme Court's order regarding control of child marriage
- There is a need for special training for people of all departments related to stopping child marriage.
- Different methods should be adopted for every community
- Success is not achieved through punitive methods.
- Make a strategy by understanding the situation of the society
- The issue of placing the Child Marriage Prohibition Act above personal law is pending with the parliamentary committee. That's why the court is not commenting on it
- But it is true that early marriage deprives people of the right to choose a life partner of their choice.
(This is a developing story.)
