Personal laws can’t prevail over Child Marriage Act: Court issues guidelines

The Supreme Court on Friday held that personal laws and traditions cannot prevail over the Prohibition of Child Marriage Act and issued a host of guidelines to achieve the “whole purpose” of the legislation. The Supreme Court bench, led by Chief Justice of India DY Chandrachud, said marriages involving children violate the free will to have a life partner of choice.
The Supreme Court was hearing a petition that alleged a rise in child marriages in the country and non-implementation of the law in “letter and spirit”.
Calling for community-driven approaches, the court said preventive strategies should be tailored to different communities. “The law will only succeed when there is multi-sectoral coordination. Training and capacity building of law enforcement officers needs to be there,” the CJI said.
The top court said authorities must focus on child marriage prevention and protection of minors while penalising offenders as a last resort.
However, the court pointed out that there were certain gaps in the Prohibition of Child Marriage Act. The CJI noted that the law said nothing about the validity of such marriages.
“Legal questions are kept open to be decided by the constitutional court. Interlinking of personal laws with the Prohibition of Child Marriage Act is a point to be looked at,” the court said.
A bill to amend the law to give overriding effect over personal laws is pending before a parliamentary committee.
The Prohibition of Child Marriage Act came into force in 2006 to prevent child marriage and ensure the eradication of the practice. The Act replaced the Child Marriage Restraint Act of 1929.