The Prohibition of Child Marriage Act cannot be hampered by personal law practices: Supreme Court

The Supreme Court on Friday said the law banning child marriage should not be hampered by personal law practices. The times of India.

Personal laws in India are a set of laws that govern individuals in matters such as marriage, divorce, inheritance, adoption and guardianship. They are based on religious scriptures. Only Goa and Uttarakhand do not follow personal laws in such matters, relying instead on a uniform civil code.

The court also told parliament to consider banning child betrothals because they “have the effect of violating freedom of choice, autonomy, freedom of choice and childhood,” the report said. Live the law.

The bench of Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, delivered judgment on a plea filed by the Society for Enlightenment and Voluntary Action, seeking effective implementation of the Child Marriage Prohibition Act, 2006, which was enacted to eradicate the practice of child marriage. . The legislation replaced the 1929 Child Marriage Restraint Act.

“Such marriages violate the free will of minors to choose life,” the court said.

The bench said it had “looked at the entire gamut of laws for the prevention of child marriage” and issued several directions to “achieve the entire purpose of the law”.

The court’s guidelines include: “Preventive strategy must be tailored to different communities, and the law will only succeed if there is multi-sectoral coordination. There is a need for training and capacity building of law enforcement officers. We emphasize that a community-driven approach is needed.”

However, as the Child Marriage Prohibition Act does not address the practice of “minority marriages” the Supreme Court has urged Parliament to consider amending the law.

“Parliament may consider banning child betrothals, which could be used to avoid punishment under PCMA,” the court said. “While an engaged child may be a child in need of care and protection under the Juvenile Justice Act, the practice requires targeted solutions to achieve its elimination.”