Context: The Supreme Court has urged Parliament to amend the Prohibition of Child Marriage Act to explicitly ban child betrothals, highlighting their violation of children’s rights and calling for comprehensive measures to prevent child marriages.

Key SC observations

• SC directed authorities focus on child marriage prevention and the protection of minors while penalising offenders as a last resort.

• The court stressed the need to address the root causes of child marriage, such as poverty, gender inequality, lack of education, and entrenched cultural norms.

• Marriages involving children violate the free will to have a life partner of choice. 

• Asked Parliament to ban child betrothals (promise that a marriage will take place) by amending PCMA. 

Key Provisions of Guidelines

• Legal Enforcement

• State Governments and Union Territories (UTs) must appoint Child Marriage Prevention Officers (CMPO).

• Establishment of a Specialized Police Unit and State Special Child Marriage Prohibition Unit.

• Judicial Measures

• Empowering Magistrates to take Suo Moto Action and Issue Preventive Injunctions.

• Exploration of Special Fast-Track Courts for Child Marriage cases.

• Other 

• Adoption of the Child Marriage Free Village Initiative, in line of "Open Defecation Free Village" model. 

• Establishing  technology-driven monitoring system to track daily attendance for school-going girls up to the 12th grade. 

The Prohibition of Child Marriage Act, 2006

• The law seeks to prevent child marriages by making certain actions punishable and by appointing certain authorities responsible for the prevention and prohibition of child marriages.

Definitions under the Act

• “Child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.

• “Child marriage” means a marriage to which either of the contracting parties is a child.

• “Minor” means a person who has not attained his majority under the provisions of the Majority Act, 1875. As per the Majority Act, 1875, every person domiciled in India attain the age of majority on his completing the age of eighteen years.

• Child marriage is an offence punishable with rigorous imprisonment, which may extend to 2 years, or with fine up to Rs.1 Lakh, or both. The offences under the Act are cognisable and non-bailable.

Persons who can be punished under the Law include

• Whoever performs, conducts or directs or abets any child marriage.

• A male adult above 18 years marrying a child (Section 9).

• Any person having charge of the child, including – parent or guardian, any member of an organisation or association, promoting, permitting, participating in a child marriage.

Supreme Court’s Stance on Child Betrothal

• The Supreme Court of India has urged Parliament to consider banning child betrothals by amending the Prohibition of Child Marriage Act (PCMA), 2006.

• The court highlighted that child marriages violate a minor’s right to free choice, autonomy, and childhood, stressing that betrothals in childhood deprive minors of their ability to make informed decisions about their life and partner.

Betrothal

• Definition: It refers to a formal agreement or engagement to marry.

• It is a mutual promise or contract between two individuals to wed, often preceding the actual marriage ceremony.

• Betrothals were historically significant in various cultures, sometimes involving legal or familial obligations, but today they are generally synonymous with engagements and may not carry the same legal weight.

• In simpler terms, it marks the period or state in which two people are engaged to be married.

International Law and Child Marriage

• The court referenced international law, particularly the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which opposes child betrothals.

• It emphasized the need for targeted remedies to eliminate the practice, as child betrothals are often used to evade legal penalties under the PCMA.

Interface Between Personal Laws and PCMA

• The court addressed the conflict between personal laws and the PCMA. The Union Government had requested that the PCMA be given precedence over personal laws.

• The court noted that the Prohibition of Child Marriage (Amendment) Bill, 2021, seeks to clarify this and is currently under consideration in Parliament.

Social and Economic Impact of Child Marriages

• The Supreme Court highlighted the adverse effects of child marriages on both boys and girls.

• Early marriages deprive girls of their childhood and isolate them socially, while boys are burdened with adult responsibilities prematurely.

• Although the prevalence of child marriage in India has decreased since the enactment of the PCMA, gaps remain in implementing targeted measures for prevention.

Need for a Comprehensive Approach

• The court pointed out that existing government schemes, while impactful, are not sufficient to tackle child marriage comprehensively.

• A multifaceted approach, including training, awareness programs, and financial incentives, is essential.

• The court stressed that without direct economic support, families in financial hardship may still resort to early marriages, limiting the effectiveness of these programs.

Status of Child Marriage in India 

• 23% of women and 17.7% of boys between the age of 20 and 24 were married before 18 years of age. (NFHS-5)

• Over half of the girls and women who married in childhood live in five states: Uttar Pradesh (largest contributor), Bihar, West Bengal, Maharashtra and Madhya Pradesh. (UNICEF) 

Major Factors Associated with Child Marriage:-

• Economic Factors:

• Families living in poverty might see marriage as a means to reduce the economic burden by transferring responsibility for the girl to her husband’s family.

• In some regions, the tradition of providing dowry can influence families to marry off daughters at a young age to avoid higher dowry costs later.

• Also, in areas prone to natural disasters or agrarian crises, families facing economic hardships might resort to early marriage as a coping mechanism or to secure stability.

• Social Norms and Traditional Practices:

• Long-held customs and traditions often prioritize early marriage as a social norm, perpetuating the practice across generations.

• Pressure from the community or family to conform to prevalent customs and traditions lead to early marriages, particularly for girls.

• Gender Inequality and Discrimination:

• Unequal power dynamics and limited agency for girls compared to boys contribute significantly to early marriage.

• Lack of access to education and opportunities for girls often pushes families to opt for early marriages, viewing it as a way to secure their daughters’ futures.