Supreme Court urges Parliament to outlaw child betrothals

Reading Time: 5mins

The Supreme Court of India, in a landmark ruling on Friday, highlighted the pressing issue of child betrothals, stating that marriages arranged during a child’s minority violate their fundamental rights to free choice and autonomy. The court also urged Parliament to consider enacting laws to outlaw such practices, which are often used to bypass the penalties established by the Prohibition of Child Marriage Act (PCMA), 2006.

A bench headed by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, emphasized that child betrothals strip young individuals of their right to choose their life partners and life paths before they are capable of making informed decisions. The court noted that although the PCMA prohibits child marriages, it does not explicitly address betrothals, leaving a gap in the law.

“Marriages fixed during a child’s minority violate their rights to free choice, autonomy, and agency. Parliament may consider outlawing child betrothals, which are often used to evade penalties under the PCMA. While a betrothed child may be protected under the Juvenile Justice Act, the practice requires targeted remedies for its elimination,” the bench said in its judgment.

Need for Comprehensive Measures

The ruling came in response to a Public Interest Litigation (PIL) filed by the Society for Enlightenment and Voluntary Action, which raised concerns about the alarming rate of child marriages in India despite the enactment of the PCMA. The petition highlighted the failure of authorities to prevent such marriages, particularly in rural and marginalized communities.

In its verdict, the apex court issued a series of guidelines aimed at eliminating child marriages and emphasized the need for a comprehensive approach. The court called for community-driven strategies, enhanced reporting mechanisms, and more investment in public awareness campaigns. “The success of the PCMA as social legislation depends on the collective efforts of all stakeholders to address the issue within a broader social framework,” the court stated.

Moving Beyond Penalization

The Supreme Court’s guidelines underscored the importance of prioritizing prevention over penalization. While acknowledging the harm-based approach of criminalizing child marriage, the court said it has not been effective in bringing about meaningful social change. “The focus on penalization reflects a reactive approach that waits for harm to occur before taking steps,” the judgment read. “Our aim should be prevention, education, and social support.”

The court highlighted the need for greater education about the legal consequences of child marriage and called on law enforcement to take a more proactive role in preventing the practice. “We must not be understood to discourage prosecution, but enforcement efforts should be balanced with initiatives to prevent child marriages from happening in the first place.”

Addressing Root Causes and Vulnerabilities

The 141-page judgment also stressed the importance of taking an intersectional approach to combat child marriages, recognizing that factors such as gender, caste, socioeconomic status, and geography often increase the risk for children, particularly girls, in marginalized communities. The court called on the government to focus on the root causes of child marriage, including poverty, gender inequality, lack of education, and deep-rooted cultural practices.

State governments, the court said, must play an active role in monitoring and enforcing compliance with child marriage laws, while also working with civil society organizations to implement effective interventions. “The state’s responsibility is not just to legislate but to create an enabling environment where children can freely exercise their rights.”

The Right to Childhood

Emphasizing the right to childhood, the court noted that this right belongs to all children, regardless of sex. “Education—whether primary, sexual, or life-enhancing—is integral to the realization of this right. Addressing the evils of child marriage requires a multi-faceted approach, and education is central to empowering children to assert their rights.”