Source: Supreme Court  

Why in News?

The Supreme Court observed that the Prohibition of Child Marriage Act, 2006 requires a collective effort for effective implementation, prioritizing prevention over prosecution. A bench led by Chief Justice DY Chandrachud noted the tailoring strategies to address the main causes such as poverty and gender inequality. 

• Guidelines were issued to various government ministries to ensure widespread awareness and compliance. 
• The need for legal action, the Court warned against solely focusing on prosecutions, which are ineffective for driving social change. 

What was the Background of Society for Enlightenment and Voluntary Action & Anr v. Union of India & Ors.? 

• A petition was filed under Article 32 of the Constitution by an NGO called Society for Enlightenment and Voluntary Action. 
• The issue has been debated in India for over one and a half centuries, referenced by Rukhmabai's letter to Times of India from 1885. 
• The NGO has worked extensively against child marriage and raised concerns about the alarming rate of child marriages in India despite the existence of the Prohibition of Child Marriage Act, 2006 (PCMA). 
• The petitioner stated the failure of authorities to prevent child marriages and sought:  
  • Stronger enforcement mechanisms 
  • Implementation of awareness programs 
  • Appointment of Child Marriage Prohibition Officers 
  • Comprehensive support systems for child brides (including education, healthcare, and compensation) 
• Statistical context of the issue:  
  • According to the 2019-2021 National Family Health Survey-5:  
    • 23.3% of girls under 18 years are married 
    • 17.7% of boys under 21 years are married 
  • This shows a reduction from NFHS-4 (2015-2016) which reported:  
    • 26.8% of girls married under legal age 
    • 20.3% of boys married under legal age 
• Legal framework:  
  • Under PCMA, child marriage is defined as a marriage where either party is a child 
  • Girls below 18 and boys below 21 are considered children under the Act 
  • Child marriage is considered both a social evil and a criminal offense 
• International context:  
  • India, along with 192 other nations, has committed to eliminating child, early, and forced marriages under the Sustainable Development Goals (Target 5.3) 
  • The UN Convention on the Rights of the Child considers child marriage a violation of human rights 
• Root causes identified:  
  • Patriarchy 
  • Gender inequality 
  • Poverty 
  • Lack of education and employment 
• Petitioner's Key Submissions: 
  • High rates of child marriages evidenced by adolescent pregnancies 
  • CMPOs often overburdened with multiple responsibilities 
  • Only Haryana and Sikkim reported exclusive CMPO appointments 
  • Discrepancy between NCRB data and State department information 
  • Low reporting and conviction rates in child marriage cases 
• Union of India's Submissions: 
  • Persistence due to societal perceptions and economic pressures 
  • Implementation of programs like Beti Bachao Beti Padhao 
  • Identification of 70 high-risk districts across 13 states 
  • Operation of Mahila Shakti Kendra in 640 districts 
  • Various state-level measures for elimination of child marriages 
• RTI Findings: 
  • Only 23 out of 36 States/UTs responded 
  • Only 14 provided substantive data 
  • Most responses indicated transfer to other departments 
  • Limited exclusive CMPO appointments 

What were the Court’s Observations? 

• The Supreme Court held that child marriages violate fundamental rights guaranteed under Article 21 of the Constitution, including rights to self-determination, choice, autonomy, sexuality, health, and education. 
• The Court observed that child marriage deprives children of their agency, autonomy, and right to fully develop and enjoy their childhood, affecting both girls and boys adversely. 
• The judgment noted that child marriage objectifies children, imposing mature burdens on individuals who are not physically or mentally prepared to comprehend the significance of marriage. 
• The Court observed that child marriage infringes upon a woman's right to reproductive choice, bodily autonomy, and freedom to make intimate choices, effectively violating her rights under Article 21. 
• The Supreme Court held that child marriage inflicts tangible and lifelong physical and mental injuries, thereby violating the right to health, which is vital to lead a dignified life. 
• The Court emphasized that child marriage violates the fundamental right to education under Article 21-A, particularly for girls, as it often leads to the conclusion of their educational pursuits. 
• The Supreme Court issued guidelines prioritizing prevention and protection over penalization, directing a collective effort from all stakeholders to address the root causes of child marriage through community-driven strategies. 

Rukhmabai's Case (1884): 

• Case Background: 
  • Marriage occurred in 1874 when Rukhmabai was 11 and Dadaji Bhikaji was 19 
  • Marriage was not immediately consummated due to stepfather's reformist views 
  • Rukhmabai pursued education during this period 
  • In 1884, Dadaji filed suit for restitution of conjugal rights 
• Initial Court Decision (Justice Pinhey, Bombay High Court): 
  • Dismissed petition for restitution of conjugal rights 
  • Held that marriage contracted before age of discretion cannot be enforced 
  • Emphasized inability to compel cohabitation after 11 years without prior cohabitation 
  • Ruled against forcing a young woman to live with someone against her will 
• Legal Arguments by Rukhmabai: 
  • Contested on grounds of social, economic, and personal incompatibility 
  • Argued lack of discretion at time of marriage 
  • Challenged validity of consent in child marriage 
• Appeal Outcome (Division Bench, Bombay High Court): 
  • Overturned Justice Pinhey's judgment 
  • Ordered Rukhmabai to join husband within one month 
  • Prescribed six months' imprisonment as penalty for non-compliance 
  • Ruled incompatibility not a valid defense under Hindu law 
• Final Resolution: 
  • Rukhmabai refused to comply with court order 
  • Matter settled through compromise 
  • Dadaji accepted Rs. 2000 as settlement 
  • Rukhmabai subsequently pursued medical education in UK 

Phulmoni Dasi's Case (1889): 

• Case Facts: 
  • Victim was 11 years and 3 months old 
  • Married to Hari Maiti, aged 35 
  • Died from hemorrhage due to marital rape 
  • Cause of death: rupture of vagina 
• Legal Issues: 
  • Application of rape laws to marital relationship 
  • Age of consent in marriage 
  • Marital rape exception in law 
• Court's Ruling: 
  • Held rape law inapplicable as victim was over 10 years and married 
  • Focused on victim's age and physical maturity rather than crime 
  • Defendant protected by marital rape exception 
• Legislative Impact: 
  • Case catalyzed support for Malabari's campaign 
  • Led to Age of Consent Bill by Andrew Scoble 
  • Resulted in Age of Consent Act, 1891 
  • Raised age of consent from 10 to 12 years 
  • Established statutory rape provisions regardless of marital status for girls under 12. 

What are the Guidelines Issued by Supreme Court ? 

• Legal Enforcement: 
  • State Governments and UTs must appoint dedicated Child Marriage Prevention Officers (CMPOs) at the district level, with regular performance reviews and mandatory training. 
  • Collectors and Superintendents of Police are responsible for actively preventing child marriages in their districts and prosecuting facilitators. 
  • States shall consider integrating Special Juvenile Police Units (SJPU) into the child marriage prevention framework. 
  • A State Special Child Marriage Prohibition Unit shall be constituted, comprising CMPOs and social workers experienced in child rights. 
• Judicial Measures: 
  • Magistrates are empowered to take suo moto action and issue preventive injunctions to halt child marriages. 
  • The feasibility of establishing special fast-track courts for child marriage cases shall be assessed. 
  • Strict disciplinary and legal action is mandated against public servants neglecting their duty in child marriage cases. 
  • Magistrates should focus on "auspicious days" known for mass weddings to prevent child marriages. 
• Community Involvement: 
  • States and UTs must develop Annual Action Plans with Key Performance Indicators to prevent child marriages. 
  • A "Child Marriage Free Village" initiative should be launched, encouraging Panchayats and community leaders to actively prevent child marriages. 
  • Regular orientation programs and workshops shall be conducted to build capacity among all stakeholders. 
  • Community-centric approaches should be adopted to address local cultural and social contexts related to child marriage. 
• Awareness Campaigns: 
  • CMPOs must conduct regular awareness campaigns in schools, religious institutions, and Panchayats. 
  • Comprehensive sexuality education must be integrated into school curricula, including information on child marriage prevention. 
  • Educational materials on child marriage prevention should be prominently displayed in schools and public institutions. 
  • Targeted community awareness campaigns, empowerment programs for girls, and helpline awareness initiatives must be implemented. 
• Training/Capacity Building: 
  • Specialized training must be provided to community health workers, law enforcement officers, and judicial officers on child marriage prevention. 
  • Teachers and school administrators shall be trained to recognize signs of potential child marriages. 
  • Local leaders and community influencers must be empowered through training programs to challenge harmful social norms. 
  • Collaborations with NGOs should be established to train volunteers and staff on child marriage prevention. 

What is the Major Legislation Addressing Child Marriage and Ensuring Rights? 

• Universal Framework 
  • The UDHR (1948) established that marriage should be based on free and full consent, setting an early framework against forced marriages. 
  • The Supplementary Convention on Slavery (1956) mandated states to prescribe minimum ages for marriage and ensure consent can be freely expressed. 
  • The ICCPR established the right of men and women of marriageable age to marry and emphasized free and full consent of intending spouses. 
  • CEDAW (1979) explicitly invalidated child marriages and called for legislation establishing minimum marriage age and mandatory registration. 
  • The CRC (1989) defined a child as anyone below 18 years and required comprehensive protection from all forms of abuse and exploitation. 
• Regional Framework 
  • The African Charter on Rights and Welfare of the Child (1990) mandates 18 as minimum marriage age and prohibits child marriage and betrothal. 
  • The European Convention on Human Rights protects the right to marry for those of marriageable age and prohibits inhuman/degrading treatment. 
  • The SAARC Convention (2002) recognizes child marriage as a rights violation and advocates for minimum age legislation and awareness. 
  • The European Court requires balancing protection of minors with recognition of marriages in cross-border cases involving refugees. 
  • South Asian countries show varying rates of child marriage (from 50% in Bangladesh to 2% in Maldives) despite shared regional frameworks. 
• Rights-Based Framework 
  • Right to Free Choice and Autonomy: 
    • Marriage requires free and full consent of both parties 
    • Parties must have cognitive capacity to understand marriage responsibilities 
    • States cannot choose or arrange partners for individuals 
    • Personal autonomy includes right to define relationships and identity 
  • Right Against Gender-Based Violence: 
    • Child marriage is recognized as a form of sexual exploitation 
    • States must prevent and punish violence against women 
    • Cultural/religious traditions cannot justify violence against women 
    • Structural nature of violence against women is acknowledged 
  • Right to Education: 
    • States must ensure free and compulsory primary education 
    • Child brides are four times more likely to drop out of school 
    • Right to comprehensive sexuality education is protected 
    • Education should develop child's full potential 
  • Right to Development: 
    • Children have the right to develop personality, talents, and abilities 
    • Development encompasses physical, mental, moral, and social dimensions 
    • Education should prepare children for responsible life in free society 
    • States must protect eight specific dimensions of child development 

Prohibition of Child Marraige,2006 

• About: 
  • The act prohibits the marriage of children, defined as females under the age of 18 and males under the age of 21. 
    • The law replaces the earlier ‘Child Marriage Restraint Act of 1929’ and seeks to prevent the exploitation of children, particularly young girls. 
  • Any marriage that involves a minor is voidable under the ‘Prohibition of Child Marriage Act’, and the parties involved in arranging or facilitating such a marriage can be punished with imprisonment and a fine. 
  • The law imposes a duty on district authorities to prevent child marriages and to take appropriate measures to ensure the protection and rehabilitation of children who are victims of child marriage. 
    • The law recognizes the harmful effects of child marriage on the health, education, and development of children, particularly girls. 
• Penalties Under Act  
  • Section 9 - Penalty for Adult Male Groom 
    • Applies to men above 18 marrying a minor girl 
    • Punishment: Rigorous imprisonment up to 2 years OR fine up to ₹1 lakh OR both 
    • Court has discretion to choose between imprisonment, fine, or both 
    • Does not apply to adult women marrying minor men (as per Hardev Singh v. Harpreet Kaur case) 
  • Section 10 - Penalty for Performing/Conducting Child Marriage 
    • Applies to anyone who performs, conducts, directs or abets child marriage 
    • Punishment: Rigorous imprisonment up to 2 years AND fine up to ₹1 lakh 
    • Both imprisonment and fine are mandatory 
    • Defense available: Reasonable belief that it was not a child marriage 
  • Section 11 - Penalty for Promoting/Permitting Child Marriage 
    • Applies to parents, guardians, or anyone in charge of the child 
    • Punishment: Rigorous imprisonment up to 2 years AND fine up to ₹1 lakh 
    • Both imprisonment and fine are mandatory 
    • Women are exempt from imprisonment 
    • Includes negligent failure to prevent child marriage 
    • Creates presumption of negligence against person in charge of child 
  • Section 12 - Void Marriages Declares marriage void ab initio in cases where: 
    • Child is taken/enticed from lawful guardian 
    • Child is compelled by force or deceit 
    • Child is sold for marriage 
    • Child is trafficked or used for immoral purposes after marriage 
  • Additional Important Features: 
    • All offenses are cognizable and non-bailable (Section 15) 
    • No mandatory minimum punishment is prescribed 
    • Courts have discretion in sentencing except in Sections 10 and 11 
    • Presumption of guilt applies in Section 11 cases unless proved otherwise