SC On Child Marriage: Supreme Court Rules Personal Laws Cannot Override Child Marriage Prohibition Act

The decision reinforces the supremacy of the national law aimed at eradicating child marriages across the country.

SC On Child Marriage: In a landmark judgment, the Supreme Court today ruled that the Prohibition of Child Marriage Act (PCMA) cannot be limited or undermined by personal laws, affirming that marriages involving minors violate their right to choose a life partner freely. The decision reinforces the supremacy of the national law aimed at eradicating child marriages across the country.

Focus on Child Protection and Prevention

A bench headed by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, emphasized that personal laws should not impede the enforcement of the Prohibition of Child Marriage Act, 2006. The court urged authorities to prioritize the prevention of child marriages and the protection of minors. Punitive measures, according to the bench, should be considered a last resort in tackling offenders.

Addressing Legal Gaps

The court also acknowledged certain gaps in the existing law and issued guidelines for its more effective implementation. The Prohibition of Child Marriage Act, enacted in 2006 to replace the Child Marriage Restraint Act of 1929, aims to eliminate child marriages from society. The judgment further strengthens the legal framework by ensuring that all children, regardless of religious or personal laws, are protected from early and forced marriages.

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