Personal laws cannot prevent legislation banning child marriage. Supreme Court

New Delhi, Oct 18 (PTI) The Supreme Court on Friday said that the law on prohibition of child marriage cannot be fettered by traditions under any personal law and observed that marriages involving children are a violation of freedom wants to choose a life partner.

A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra further issued a slew of guidelines for the effective implementation of the Child Marriage Prevention Act in the country.

However, the court noted that the question of whether the Child Marriage Prohibition Act (PCMA) would prevail over the personal laws was for Parliament’s consideration. The Center had urged the apex court to give priority to the PCMA over the personal laws.

The CJI emphasized that a “very extensive” sociological analysis was made in the judgment.

“While the PCMA is trying to ban child marriage. It does not prescribe a great social malaise about marriages that are fixed in the minority of a child and which also have the effect of violating the right to choice… It deprives them of the choice of their partner and life paths before they reach adulthood and the form the capacity to exercise their freedom of choice…’, the CJI said.

The court noted that child marriage requires an intersectional approach that recognizes the overlapping vulnerabilities experienced by children, especially girls, from marginalized communities.

“Intersectionality involves taking into account factors such as gender, caste, socio-economic status and geography, which often increase the risks of early marriage,” the CJI said.

Preventive strategies should be tailored to the unique needs of different communities and also focus on addressing the root causes of child marriage, such as poverty, gender, inequality and lack of education, the judgment said. “The PCMA as a social legislation will only succeed through the collective efforts of all stakeholders to address the issue within a broader social framework, which emphasizes the need for multi-sectoral coordination,” it added.

According to the top court, the scenario necessitated the improvement of reporting mechanisms, expansion of awareness campaigns and investments in training and capacity building of law enforcement officers.

“The implementation of these guidelines must prioritize prevention before protection and protection before punishment. We are aware of the impact criminalization has on families and communities. To ensure effective use of the criminal provisions in the PCMA, it is imperative that there is widespread awareness and education about child marriage and the legal consequences of committing it,” the report said.

However, the Supreme Court clarified that it should not be understood to discourage the prosecution of those who commit illegal acts.

It further opined that the law enforcement apparatus should do its utmost to prevent and prohibit child marriage and not focus solely on prosecution.

The ruling came on a PIL filed by the Society for Enlightenment and Voluntary Action, seeking effective implementation of the law to prevent child marriage. PTI SJK ABA AMK SJK AMK AMK

Disclaimer: (This report was published as part of the Syndicate’s auto-generated wire feed. Other than the headline, the copy has not been edited by ABP Live.)