Violates fundamental rights of children, child marriage should be banned: Supreme Court

NEW DELHI: The Supreme Court said that child marriage should be banned as it violates the fundamental rights of children. For this, an amendment to the Prohibition of Child Marriage Act, 2006 should be brought in Parliament. A bench of Chief Justice DY Chandrachud, Justices JB Pardiwala and Manoj Mishra issued guidelines in this regard.

The verdict came on a public interest litigation filed by the Society for Enlightenment and Voluntary Action. The court pointed out that the existing law does not prohibit fixing the marriage of a child and therefore the accused will be saved from punishment.

Child marriage deprives children of their agency, autonomy and right to fully enjoy their childhood. It will affect the child mentally and physically. Child marriage can lead to a person's right to find a partner being stripped away before they reach adulthood. Children's rights to health and education will also be violated. Girls will be isolated in society. Boys would be forced to take on the burden of the family earlier, the court observed.

Subjected to child marriage

Girls 23.3%

Boys 17.7%

(National Family Health Survey data for 2019-21)

Awareness needed

1. The society needs to be educated to bring about changes. Poverty, inequality, lack of education, customs, etc. are reasons
2. Preventing child marriage is more important than prosecution. District level prevention officers should be appointed.
3. The Centre and the states should evaluate the situation once in three months. A special police unit should be formed.
4. Fast-track courts should be set up for trial of child marriage cases.