Analysing the Supreme Court’s Verdict on Child Marriage: New Guidelines on Implementation of PCMA

 The recent judgment of the Supreme Court in the case of Society for Enlightenment and Voluntary Action & Anr. v. Union of India & Ors provides new guidelines to prevent Child Marriages in India. Under Article 32 of the Constitution, this petition highlighted the persistent difficulties in eliminating child marriage, despite various legal frameworks such as the Prohibition of Child Marriage Act (PCMA) of 2006. The NGO, which is actively involved in battling child marriage, submitted a petition highlighting systemic failures, especially in terms of enforcement and awareness efforts.

The decision from the Hon’ble Chief Justice D.Y. Chandrachud examines both the socio-legal consequences of child marriage and the socio-economic factors like poverty, gender inequality, and lack of education that sustain this tradition. In addition to the previous mechanisms to solve the problem, Supreme Court this time emphasizes the role of technology to erase the problem of child marriages.  The verdict also criticizes the inefficient enforcement of legal structures designed to prevent child marriage, highlighting the shortcomings of government agencies and the restrictions of existing legislation.

Laws and Child Marriage in India

The main purpose of the PCMA is to outlaw child marriages and impose penalties on those who participate in conducting these marriages. Child marriage is described as a marriage in which one of the parties involved is under the age of 18 for girls and 21 for boys. Even with these laws in place, the prevalence of child marriage has revealed deficiencies in their implementation.

The judgement explains how child marriage continues to exist despite these structures. For example, the court examines the significance of Child Marriage Prohibition Officers (CMPOs) and how their duties as outlined in Section 16 of the PCMA are diminished by being assigned various other tasks, hindering their ability to effectively prevent child marriages. The court notes that in numerous states, CMPOs have been appointed, but their effectiveness in preventing child marriages is reduced due to additional responsibilities.

The court examines information from the National Family Health Survey (NFHS) that demonstrates a gradual decrease in child marriage rates, but stresses that advancements are still not satisfactory. In NFHS-5 (2019-2021), it was reported that approximately 23.3% of females below 18 years were wed, slightly lower than the 26.8% documented in NFHS-4 (2015-2016). Although child marriage has decreased, it is still a major concern, especially in rural regions.

Factors related to Society, Economy, and Culture

This judgement acknowledges the social and economic circumstances that contribute to child marriage, such as poverty, cultural traditions, and limited educational opportunities. In many rural and impoverished communities, it is commonly believed that marrying off a young girl is necessary for financial reasons, as recognized by the court. Getting married at a young age is seen to lessen the financial strain on families, especially when considering dowries and the expenses of bringing up children. Moreover, traditional beliefs that prioritize a girl's purity and reputation still compel families to arrange marriages for their daughters early on, out of fear of societal judgment if the girl remains single for too long.

The judgment highlights that child marriages disproportionately impact girls, restricting their access to education and employment, leading to ongoing cycles of poverty and reliance. The court's examination underscores that child marriages also heighten the chances of maternal and infant deaths, as young brides are not physically ready for pregnancy and giving birth.

 

Global Responsibilities Regarding Human Rights

The court places India's efforts to combat child marriage within the broader context of global human rights. It refers to global responsibilities, such as CEDAW and the Convention on the Rights of the Child, which acknowledge child marriage as a breach of human rights. The ruling highlights that child marriage is not just a breach of personal rights but also a wider societal problem that restricts social and economic progress. The discussion is guided by the United Nations’ Sustainable Development Goals, specifically Goal 5.3, which targets the eradication of child, early, and forced marriages, underscoring the urgency for quicker advancements in meeting these worldwide pledges.

 

Judicial Recommendations and Way Forward

Supreme Court provides the guidelines for improving the enforcement of anti-child marriage laws. The court recommends:

1. Strengthening the role of CMPOs: The judgment calls for CMPOs to be relieved of their additional duties, allowing them to focus exclusively on preventing child marriages and acting against offenders.
2. Increased Awareness Campaigns: The court stresses the importance of public awareness campaigns, particularly in rural and marginalized communities, to educate families on the harms of child marriage and the legal consequences.
3. Community Involvement: The judgment suggests involving local community leaders and NGOs in the fight against child marriage. Community-based initiatives, including financial incentives and educational programs for girls, should be expanded.
4. Use of Technology: The court also recognizes the potential of technology-driven initiatives for reporting child marriages, suggesting that government bodies use digital platforms to enable easier reporting and monitoring of such incidents.

Legal consequences

Although the judgement represents progress, it highlights the constraints of the legal system and the sluggishness of the reform process. The court recognizes the strong cultural and social elements that hinder efforts to end child marriage, but emphasizes that this should not be a reason for lenient enforcement. The court's recognition of the complexities involved is shown in its focus on various solutions such as legal, social, and economic measures.

One criticism is that the judgment outlines a plan to tackle child marriage but puts most of the responsibility on government authorities, who have a track record of being slow to act, to solve this problem we must have to get help from civil societies otherwise instead of solving the problem, we will have more writs in the Supreme Court. A major worry is the absence of accountability measures for officials who do not uphold the law. Additionally, the consequences for individuals participating in child marriages, as specified in the PCMA, are not adequately upheld, resulting in decreased rates of conviction.

Summary

The above article analyses the new guidelines given by the Supreme Court of India regarding the proper implementation of PCMA.