Supreme Court Urges Parliament to Outlaw Child Betrothals: Protecting Children’s Rights and Autonomy

Supreme Court Urges Parliament to Outlaw Child 

Betrothals: Protecting Children’s Rights and Autonomy

The Supreme Court of India, in a significant ruling, called for Parliament to consider outlawing child betrothals. The apex court emphasized that marriages fixed during a child's minority severely violate their right to free choice, autonomy, and agency. These arrangements, the court noted, take away from children their ability to choose their own life paths and partners before they are mature enough to assert their individual rights.

A bench led by Chief Justice of India DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, pointed out that while the Prohibition of Child Marriage Act (PCMA), 2006, addresses child marriages, it does not specifically outlaw betrothals, which can be used to circumvent the penalties under this Act.

Child Betrothal and Rights Violation

In its judgment, the bench expressed the view that child betrothals deprive children of their right to autonomy and free choice. The court highlighted that this practice often forces children into predefined roles before they have the opportunity to mature and make independent decisions regarding their lives.

The court also stated:

> "Marriages fixed in the minority of a child violate their rights to free choice, autonomy, and childhood, depriving them of the ability to assert their agency."

It further suggested that while a betrothed child may be protected under the Juvenile Justice Act as a child in need of care, targeted remedies are essential for eliminating this practice.

Rising Concerns of Child Marriage

The Supreme Court's judgment came in response to a Public Interest Litigation (PIL) filed by the Society for Enlightenment and Voluntary Action, which expressed concerns about the alarming rate of child marriages in India despite the enactment of the PCMA in 2006. The PIL alleged that authorities had largely failed to prevent child marriages, especially in economically and socially vulnerable communities.

Need for Comprehensive Solutions to End Child Marriages

In its judgment, the apex court issued a set of guidelines aimed at addressing the complexities surrounding child marriages in India. The court underscored that addressing this issue requires a comprehensive, community-driven approach that considers the socioeconomic context and emphasizes multi-sectoral coordination.

The court stressed the importance of enhanced reporting mechanisms, expanded public awareness campaigns, and greater investment in training law enforcement officers. To ensure the effective implementation of the PCMA, the court urged for constant monitoring, evaluation, and feedback mechanisms.

Prevention Over Penalization: A Shift in Approach

One of the key takeaways from the judgment is the need to prioritize prevention over penalization. The Supreme Court recognized that focusing solely on prosecution might not effectively curb child marriages. Instead, the court advocated for a harm-prevention approach that includes public awareness campaigns, education, community involvement, and social support.

The court remarked:

> "The focus of penalization reflects a harm-based approach, which waits for harm to occur before taking steps. This has proven ineffective in bringing about social change."

The court acknowledged that criminalizing child marriages has an impact on families and communities, and there is a need for widespread education about child marriage and its consequences, rather than just increasing prosecutions.

An Intersectional Approach to Ending Child Marriage

The 141-page judgment noted that the issue of child marriage is deeply intertwined with other factors like gender, caste, socioeconomic status, and geography. These factors increase the vulnerabilities faced by children, particularly girls from marginalized communities.

The Supreme Court emphasized that strategies to prevent child marriage should address these intersectional factors and tackle the root causes, such as poverty, gender inequality, lack of education, and entrenched cultural practices.

The Role of State Governments

The court further emphasized the role of state governments in monitoring and enforcing compliance with child marriage laws. It stressed that the state's responsibility goes beyond punishing offenders. Governments must work towards creating an enabling environment where children can exercise their rights freely, without fear of being forced into marriage.

The court remarked:

> "This includes the responsibility not only to legislate against child marriage but also to address the underlying socio-economic factors—poverty, lack of education, and gender discrimination—that perpetuate this practice."

Education: The Key to Preventing Child Marriage

The Supreme Court reaffirmed that education—including primary education, sexual education, and life-enhancing education—is crucial to safeguarding children from early marriages. The right to education, the court noted, is essential for combating the practice of child marriage and ensuring that children can live their lives with dignity.

Conclusion: Protecting the Right to Childhood

In its ruling, the Supreme Court has set the stage for a larger societal debate on the issue of child marriages and betrothals. It has urged all stakeholders, including Parliament, law enforcement agencies, civil society, and communities, to work collectively toward eliminating child marriage and protecting the rights of children.

The verdict acknowledges that eradicating child marriage is a complex challenge that requires a multi-dimensional approach, but with strong cooperation and dedicated efforts, it is a challenge that can be overcome.