The Supreme Court of India reinforced the supremacy of the Prohibition of Child Marriage Act over any personal laws, asserting that child marriages infringe upon the fundamental rights of minors, including their right to choose a life partner freely. The bench, led by Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, delivered a significant ruling on Friday aimed at bolstering the law’s effectiveness against the backdrop of diverse personal laws.
During the pronouncement of the judgment, Chief Justice Chandrachud emphasized that personal laws must not hinder the enforcement of the national statute aimed at preventing child marriages. He highlighted that such marriages violate the minors’ autonomy and are detrimental to their personal development.
The Court also outlined several guidelines to ensure the rigorous implementation of the Prohibition of Child Marriage Act, pointing out existing gaps in the legislation that need to be addressed. Since its inception in 2006, replacing the Child Marriage Restraint Act of 1929, the current Act has aimed to eradicate child marriages from Indian society. However, challenges in enforcement have persisted due to varying interpretations and enforcement levels across different states and communities.
Justice Chandrachud stressed the importance of a preventive strategy that respects community-specific nuances, suggesting that the success of the law hinges on multi-sectoral coordination. “Training and capacity building for law enforcement officers are crucial. There needs to be a shift towards community-driven approaches to foster better understanding and cooperation,” he said.
