Supreme Court on Friday urged Parliament to consider prohibiting child betrothals

 In a ruling emphasizing the detrimental impact of marriages arranged during a child's minority on their free choice, the Supreme Court on Friday urged Parliament to consider prohibiting child betrothals through amendments to the Prohibition of Child Marriage Act (PCMA), 2006. A three-judge bench led by Chief Justice of India D. Y. Chandrachud observed that since the enactment of the PCMA, the incidence of child marriages in India has significantly decreased, from 47% to 27% in 2015-16, and further to 23.3% in 2019-2021.

The judgment articulated that "marriages arranged during a child's minority infringe upon their rights to free choice, autonomy, agency, and childhood," asserting that such arrangements deprive them of the opportunity to choose their partners and life paths prior to achieving the maturity necessary to assert their agency.

The Court reiterated the necessity of banning child betrothals, noting that "international law, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), prohibits the betrothal of minors," and suggested that Parliament may consider outlawing such practices to prevent circumvention of penalties under the PCMA.

This decision arose from a Public Interest Litigation (PIL) filed by the Society for Enlightenment and Voluntary Action, which called for measures to combat child marriages. In delivering the judgment, Chief Justice Chandrachud acknowledged the ongoing confusion regarding the interaction between personal laws and the prohibition of child marriage as outlined in the PCMA.

The Court referenced a communication from the Union Government requesting that the PCMA take precedence over personal law, and noted that the Prohibition of Child Marriage (Amendment) Bill, 2021—which seeks to explicitly affirm the PCMA's primacy over various personal laws—was introduced in Parliament on December 21, 2021, and has been forwarded to the Department Related Standing Committee on Education, Women, Children, Youth and Sports for review. "Thus, the matter remains under consideration by Parliament," the Court remarked.

Regarding child marriages, the ruling stated, "Girls who are married off at an early age are deprived of their childhood and subjected to social isolation by being severed from their natal families, friends, and other support systems. They become vulnerable to the dynamics of their marital homes and in-laws, losing the innocence that is integral to a meaningful childhood experience. Similarly, boys married at a young age are compelled to assume increased responsibilities, pressured to fulfill the role of provider for their families earlier in life. Patriarchal structures impose distinct roles within a marital union, compelling men to assume public roles and bear the economic and occupational burdens of the family. Both genders are negatively impacted by enforced early marriages."