Ganesh Kendale
NEW DELHI: The Supreme Court on Friday ruled that Prohibition of Child Marriage Act cannot be stunted by traditions under any personal law.
A two-judge bench led by Chief Justice of India (CJI) D Y Chandrachud said “acts of parents in getting their minor daughters or sons engaged for marriage after they attain majority is violative of minors’ free will to choose life partners.”
The top court made these observations while hearing a plea seeking effective implementation of the PCMA.
“We have looked at the entire gamut of law on prevention of child marriages and we have given several directions to achieve the whole purpose of the law. Some of the guidelines are: Preventive strategy should be tailored to different communities, and the law will only succeed when there is multi-sectoral coordination. Training and capacity building of law enforcement officers need to be there. We emphasize that there needs to be community-driven approach,” the top court said.
The bench also said authorities must focus on child marriage prevention while penalising offenders as a last resort.
“The focus of penalisation reflects on harm based approach which has been proven ineffective – awarenes campaigns, funding campaigns, etc are areas where guidelines are issued. Preventive strategy should be tailored to different communities, the law will only succeed when there is multi sectoral coordination,” it added.
The Prohibition of Child Marriage Act, 2006 was enacted to prevent child marriages and ensure their eradication from society. The Act replaced the Child Marriage Restraint Act of 1929.
