Supreme Court of India Urges Parliament to Outlaw Child Betrothals

The Supreme Court of India has highlighted the issue of child betrothals, stating that they violate children’s rights to free choice. A bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, suggested that Parliament consider banning child betrothals to prevent evasion of penalties under the Prohibition of Child Marriage Act (PCMA), 2006.

The court emphasized that child betrothals deprive children of their autonomy and ability to choose their life paths. It noted that while the PCMA prohibits child marriages, it does not address betrothals, which can be used to bypass legal consequences. The court called for targeted remedies to eliminate this practice.

The judgement was delivered in response to a Public Interest Litigation (PIL) by the Society for Enlightenment and Voluntary Action, which pointed out the alarming rate of child marriages in India despite the PCMA. The court issued guidelines for eradicating child marriage, stressing the need for comprehensive approaches and community-driven strategies.

The court’s guidelines focus on prevention, protection, and penalization, advocating for awareness campaigns, community involvement, and education. It stressed the importance of addressing the root causes of child marriage, such as poverty and gender inequality, and called for state governments to work with civil society to implement effective interventions.

The judgement also highlighted the need for an intersectional approach, considering factors like gender, caste, and socioeconomic status, to tailor preventive strategies to the unique needs of various communities. The court underscored the importance of education in realizing children’s rights and combating child marriage.