Prohibition of Child Marriage Act Can’t be Stunted by Traditions Under Personal Law: SC

New Delhi: On Friday, the Supreme Court declared that the Prohibition of Child Marriage Act (PCMA) is not to be hindered by any traditions within personal laws, stating that child marriages infringe upon the freedom to select a life partner. The bench, led by Chief Justice of India D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, issued several guidelines to bolster the law’s enforcement aimed at preventing child marriages.

However, the bench mentioned that the question of whether the PCMA overrides personal laws is currently awaiting Parliament’s review. The government has advocated for the PCMA to take precedence over personal laws.

Chief Justice Chandrachud emphasized the comprehensive sociological analysis conducted in the judgment.

“The PCMA aims to eradicate child marriages. However, it does not address the significant societal issue of marriages arranged during a child’s minority, which also impinges on the right to choose… Such arrangements deprive them of their right to choose their partner and life course before they reach maturity and can exercise their agency,” stated the CJI.

The court recognized that tackling child marriages necessitates an intersectional method that considers the compounded vulnerabilities faced by children, particularly girls from marginalized communities.