Law on prevention of child marriages can't be stunted by personal laws, rules Supreme Court

The Supreme Court on Friday ruled that personal laws cannot impede the Prohibition of Child Marriage Act, emphasizing that child marriages infringe on minors' rights to choose their life partners freely.

Sunita Iyer

First Published Oct 18, 2024, 12:58 PM IST | Last Updated Oct 18, 2024, 12:58 PM IST

The bench, consisting of Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra, issued a set of guidelines aimed at enhancing the implementation of laws to prevent child marriages in the country.

Delivering the judgement, the Chief Justice stated that the prevention of child marriages must not be hindered by personal laws. He asserted that such marriages violate the free will of minors.

The Court urged authorities to prioritize the prevention of child marriages and the protection of minors, considering penalties for offenders as a last resort. The bench also acknowledged existing gaps within the Prohibition of Child Marriage Act.

Originally enacted in 2006 to combat child marriages and promote their elimination, the Prohibition of Child Marriage Act replaced the Child Marriage Restraint Act of 1929.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 a multi sectoral coordination. Training and capacity building of the law enforcement officers needs to be there. We emphasise that there needs to be community driven approaches," the bench said.

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