Supreme Court Ruling Shifts Focus on Child Marriage Support

Why in the news?

The Supreme Court’s recent judgment in Society for Enlightenment and Voluntary Action vs. Union of India emphasizes a supportive approach to child marriage, prioritizing victim empowerment over punishment alone.

Supreme Court Judgment: Shifting Focus on Child Marriage

  • The Supreme Court’s recent ruling in Society for Enlightenment and Voluntary Action vs. Union of India emphasizes addressing harm to victims of child marriage rather than solely focusing on criminal penalties.
  • The judgement calls for a comprehensive approach, stressing that interventions must go beyond prevention and prosecution to empower victims and restore their autonomy.

Supreme Court Ruling Shifts Focus on Child Marriage Support

Current Law and Complexities of Criminal Action:

  • Under the Prohibition of Child Marriage Act (PCMA), a marriage involving a husband under 21 or wife under 18 is “voidable.” In Karnataka and Haryana, child marriages are declared void from the beginning.
  • Annulment is different from divorce; it nullifies the marriage as if it never occurred, whereas divorce recognizes the marriage and then dissolves it.
  • Criminal provisions under PCMA, Bharatiya Nyaya Sanhita (BNS), and POCSO can lead to family members facing legal action, which could harm the child’s support network, especially in self-initiated marriages.

About Prohibition of Child Marriage Act (PCMA), 2006:

  • PCMA replaced the 1929 Child Marriage Restraint Act (Sharda Act) to prevent child marriages in India.
  • Defines a child as a male under 21 years and a female under 18 years.
  • The Prohibition of Child Marriage (Amendment) Bill, 2021, proposes to raise the minimum age of marriage for females to 21, following the Jaya Jaitly Committee’s recommendation.

Status of Child Marriage in India:

  • NFHS-5 data shows 23% of women and 17.7% of men aged 20-24 were married before age 18.
  • Five states contribute most to child marriage cases: Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh (UNICEF).

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times