Supreme Court's Latest Verdict: Child Marriage Violates Rights, Overrules Personal Laws

The Supreme Court of India gave a verdict on Child Marriage stating that any personal law of a religion can not be prioritised over the Prohibition of Child Marriage Act (PCMA). 

A bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, made a ruling stating that child marriage completely violates a person's right to choose their life partner. The court further stated that protecting kids should take precedence over any religious or personal beliefs.

No Personal Law is More Important than PCMA

Chief Justice Chandrachud ruled in the ruling that the PCMA, which was passed to forbid child marriages and protect minors from the harmful consequences of such marriages, supersedes any personal or religious laws. "Such marriages infringe upon the free will of minors to choose their life," he stated.

Some people argue that personal laws, like Sharia and Nikah in the Muslim community, define marriage. However, the courts have consistently stated that the Prohibition of Child Marriage Act (PCMA) applies to all Indian citizens, including Muslims, with a few exceptions.

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Punishment Should be the Last Resort

Although the court recognized that there were legal loopholes, it also established a number of rules designed to improve PCMA enforcement. The court ruled that the focus of authorities should be on safeguarding vulnerable minors and preventing child marriages. The punishment of violators should be the last resort for the authorities.

Marriage Age in India for Girl and Boy 2024

The Prohibition of Child Marriage Act (PCMA) defines "child marriage" as a marriage where one partner is below the legal age for their gender. A boy is considered a child if he is under 21, and a girl is considered a child if she is under 18. For a marriage to be legal, both the groom and the bride must be above these age limits.

Child Marriage in India

The high number of child brides in India continues to be a big problem for the nation. A UN report from May 2023 states that one in three child brides worldwide are residents of India. Five states account for more than half of the nation's child brides: Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh. Uttar Pradesh has the highest concentration of child brides.

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