On October 18, the Supreme Court of India made a landmark judgment addressing the persistent issue of child marriage, an age-old social problem that continues to threaten the rights and well-being of minors. In a verdict that could reshape the legal and cultural landscape around this practice, the Court laid out comprehensive guidelines aimed at strengthening the Prohibition of Child Marriage Act (PCMA) and highlighted the crucial role of state governments in enforcing these measures.
Despite the enactment of the PCMA in 2006, which criminalises child marriage for girls under 18 and boys under 21, the practice remains prevalent across India. Petitions brought by NGOs, including the Society for Enlightenment and Voluntary Action, pointed to alarming rates of child marriages even two decades after the law’s implementation. They argued that existing mechanisms were inadequate, and that child marriages persisted due to loopholes, lack of enforcement and socio-cultural norms. The case brought to light not only the legal but also the deeply rooted social challenges that sustain this practice.
KEY FEATURES OF THE JUDGMENT
A three-judge bench led by Chief Justice D.Y. Chandrachud addressed these concerns in a detailed 141-page judgment that underscored several critical points.
Child betrothals: The Court acknowledged that while the PCMA prohibits child marriage, it is silent on the issue of child betrothal—a clever manoeuvre some use to evade the law. The bench urged Parliament to outlaw child betrothals, declaring them a violation of children's rights to autonomy, agency, and free choice. Betrothals refer to formal agreements or promises to marry, often arranged by families, which precede the actual marriage ceremony. In many cultures, a betrothal is a binding commitment that a person, often a child, will marry someone on a future date. This agreement can be made when the individuals are still minors, and is used in some cases as a strategy to secure alliances, economic benefits or social ties between families. In the context of the Supreme Court judgment, betrothals were highlighted as a problematic practice because they can be used to bypass the legal restrictions imposed by the PCMA. Families might betroth children without immediately formalising the marriage, allowing them to delay legal repercussions while still committing the minors to future unions. The Court urged for legislative action to outlaw this practice, recognising it as a violation of children’s rights to free choice, autonomy and childhood.
Gendered impact: For perhaps the first time, the Court recognised that both boys and girls suffer under the institution of child marriage. While girls often face the brunt of physical and emotional abuse, boys are pressured into premature responsibilities, altering their life trajectories.
Intersection with personal laws: The ruling pointed out the ongoing confusion about how PCMA interacts with personal laws governing marriage within various religious communities. Although the government submitted a note requesting a judicial declaration that PCMA should prevail over personal laws, the Court refrained from issuing such a directive, citing pending parliamentary amendments on this issue.
Protecting childhood: The judgment emphasised that child marriages infringe upon the right to childhood. By forcing minors into adult roles, the practice strips away their ability to make informed life choices, perpetuating cycles of poverty and social isolation.
Strengthening enforcement: The Court called for the appointment of dedicated Child Marriage Prohibition Officers (CMPOs) across districts, ensuring these officers are not burdened with other responsibilities that could hinder their focus on preventing child marriages.
THE SUPREME COURT GUIDELINES ON CHILD MARRIAGE
The Court’s guidelines include a multifaceted approach to tackle child marriages.
Dedicated personnel: States are directed to appoint CMPOs who will be solely responsible for preventing child marriages, and ensure these officers are adequately trained and provided with the required resources. The Court highlighted the need for continuous monitoring and accountability through quarterly reports on CMPO activities.
Empowering local authorities: Collectors and Superintendents of Police are tasked with proactively preventing child marriages in their districts. The judgment empowers them to prosecute individuals who facilitate or promote these marriages, even if it occurs under the guise of tradition.
Judicial vigilance: Magistrates are encouraged to take suo motu action against suspected child marriages, especially during mass wedding events on auspicious days. The Court emphasised that swift judicial intervention is essential to prevent these unlawful unions.
Integration of special units: The integration of Special Juvenile Police Units (SJPU) into the child marriage prevention framework aims to ensure that cases are handled with appropriate sensitivity and urgency. These units will collaborate with local authorities to bolster preventive measures.
Establishment of fast-track courts: The Court recommended the establishment of special fast-track courts dedicated to handling cases under the PCMA. These courts will expedite legal proceedings, reducing the risk of prolonged delays that often deter victims from seeking justice.
THE STATE OF CHILD MARRIAGES IN INDIA
This ruling marks a significant step forward in India’s fight against child marriages. By calling for stronger enforcement mechanisms and enhanced accountability, the Court has effectively placed the onus on state governments to ensure that the law is not just a statutory formality but a practical tool for protecting children’s rights.
Despite being legally prohibited, child marriage continues to be a significant social issue in India, affecting millions of young girls and boys. According to recent reports, every minute, three girls are forced into marriage across the country, highlighting a persistent violation of child rights. However, this alarming reality is often underrepresented in crime data, which capture only a fraction of the cases. According to the National Crime Records Bureau (NCRB), 3,863 child marriage cases were registered between 2018 and 2022. Yet, broader estimates based on census data suggest the actual figures are exponentially higher, indicating a vast underreporting of cases. For instance, in 2022, only three cases of child marriage were registered per day nationwide, whereas private estimates suggest that over 4,000 child marriages happen daily, translating to more than 16 lakh marriages each year.
Assam has emerged as a promising example of how legal enforcement can drastically reduce child marriages. Between 2021-22 and 2023-24, the state saw an 81 per cent decline in child marriages across 20 districts, from 3,225 cases to just 627. The success is attributed to strict law enforcement, including over 3,000 arrests, and a clear message that child marriage would not be tolerated. Surveys indicate that 98 per cent of respondents in Assam’s affected regions believe that legal action was a key factor in the decline of such marriages.
The Assam government’s approach underscores the importance of proactive legal measures, including filing FIRs, arresting perpetrators and holding community leaders accountable. This strategy has been praised by national child protection bodies, with experts suggesting that it could serve as a model for other states to follow.
A recent report from “India Child Protection” highlights prolonged trials and poor conviction rates as major deterrents to effective enforcement of the PCMA. In 2022, out of 3,563 child marriage cases listed for trial, only 181 were successfully concluded, reflecting a case pendency rate of 92 per cent and a conviction rate of just 11 per cent. At this rate, it could take India nearly two decades to clear the backlog of cases.
THE ROAD AHEAD
Legislative reforms, such as those proposed in the 2021 bill to amend the PCMA, need to be prioritised to address existing loopholes, including the issue of child betrothals, which can often bypass legal scrutiny. Moreover, the integration of legal enforcement with community-based awareness programmes is essential. Civil society organisations have played a crucial role in preventing child marriages by working closely with local panchayats.
The Supreme Court’s judgment not only reaffirms the need for stringent legal measures but also calls for a shift in social attitudes towards child marriage. Effective implementation of the guidelines will require concerted efforts from government bodies, law enforcement agencies and civil society to create an environment where children can thrive, free from premature adult responsibilities.
Source: India Today