The Supreme Court on Friday held that the Prohibition of Child Marriage Act cannot be stunted by personal laws and that marriages involving children violate the free will to have a life partner of choice.
A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra also issued a slew of guidelines for the effective implementation of the law on the prevention of child marriages in the country.
Reading out the judgement, the CJI said the law on the prevention of child marriages cannot be stunted by personal law.
Such marriages are violative of minors’ free will to choose life, it said.
The authorities must focus on child marriage prevention and the protection of minors while penalising offenders as a last resort.
The bench also noted that the law on Prohibition of Child Marriage has certain gaps.
The Prohibition of Child Marriage Act, of 2006 was enacted to prevent child marriages and ensure their eradication from society. The Act replaced the Child Marriage Restraint Act of 1929.
“Preventive strategy 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 need to be there. We emphasise that there needs to be community-driven approaches,” the bench said.
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