The Supreme Court of India in its 2024 judgment, under Chief Justice Dr. Dhananjaya Y Chandrachud, addressed the persistent issue of child marriages in India. Despite significant legal frameworks like the Prohibition of Child Marriage Act, 2006 (PCMA), child marriages remain prevalent. The court highlighted the socio-economic factors, including poverty, gender inequality, and lack of education, as key drivers of child marriages. The judgment calls for better enforcement of laws, stronger penalties, appointment of Child Marriage Prohibition Officers (CMPOs), and societal reforms to protect minors. It emphasizes collaboration with NGOs, educational awareness, and government-backed initiatives aimed at safeguarding the future of young girls and boys.

1. Introduction: The petition by the NGO "Society for Enlightenment and Voluntary Action" sought the court's intervention in enforcing stricter child marriage prevention mechanisms. Despite legal measures, child marriages persist at alarming rates.

2. Socio-Economic Drivers: The court emphasized the deep-rooted social and economic factors fueling child marriage, such as poverty, patriarchal values, and inadequate education. Girls are disproportionately affected by these marriages, leading to severe physical and psychological impacts.

3. Legal Frameworks: The court discussed relevant laws, including:

   • The Prohibition of Child Marriage Act, 2006 (PCMA), which criminalizes child marriages and provides remedies.
   • The Protection of Children from Sexual Offences Act, 2012 (POCSO).
   • International obligations like the UN Convention on the Rights of the Child.

4. Enforcement Challenges: The judgment criticized the lack of enforcement by authorities, especially the inefficiencies of Child Marriage Prohibition Officers (CMPOs) due to multitasking with other responsibilities. It stressed the need for dedicated officers.

5. Recommendations:

   • Strengthened penalties for those promoting or solemnizing child marriages.
   • Expansion of awareness programs, particularly in rural areas.
   • Use of technology for reporting child marriages.
   • Comprehensive legal and social support for child brides, including healthcare, education, and rehabilitation.

6. Conclusion: The court urged coordinated action from state and central authorities to eradicate child marriages and protect vulnerable minors through judicial, legal, and community-based measures.

1. Background and Petition (Paras 1-5):

• Petitioner: Society for Enlightenment and Voluntary Action seeks court intervention to enhance the enforcement of the PCMA and prevent child marriages.
• Key Concern: Despite laws like the PCMA, child marriages persist due to weak implementation and socio-economic challenges.

2. Legal History and Context (Paras 6-20):

• Historical Cases: Rukhmabai's case and Phulmoni Dasi's case reflect the longstanding battle against child marriages and early consent laws in colonial India.
• Legal Evolution: Reforms from the Child Marriage Restraint Act, 1929 to the PCMA 2006 aimed to increase the legal age of marriage and impose penalties.

3. Contemporary Legal Framework (Paras 21-42):

• PCMA 2006: The law provides for penalties, maintenance, and protection for child brides, and voidable marriages at the child's option. The framework also provides legitimacy to children born of such unions.

4. Challenges in Enforcement (Paras 43-51):

• Inefficient CMPOs: CMPOs often have multiple responsibilities, diluting their focus on preventing child marriages. States report limited functionality of these officers.

5. Social and Economic Determinants (Paras 52-65):

• Patriarchy and Poverty: Socio-economic determinants like lack of education and patriarchal norms compel families to marry off girls early. Child brides face health risks, early pregnancies, and loss of educational opportunities.

6. Recommendations for Future Action (Paras 66-90):

• Legal Reforms: Stricter penalties and better enforcement of existing laws.
• Social Reforms: Awareness programs, educational support, and collaboration with NGOs.
• Judicial and Community Involvement: Judicial action should be paired with local community engagement to tackle child marriages effectively.

Acts and Sections Discussed:

1. Prohibition of Child Marriage Act, 2006:

   • Section 3: Voidable child marriages at the option of the minor.
   • Section 9: Punishment for an adult male marrying a minor girl.
   • Section 16: Child Marriage Prohibition Officers (CMPOs).

2. Protection of Children from Sexual Offences Act, 2012 (POCSO):

   • Protects minors from sexual offenses, including those arising from child marriages.

3. Juvenile Justice (Care and Protection of Children) Act, 2015:

   • Provides for the care and protection of children affected by social evils like child marriage.

4. International Treaties:

   • UN Convention on the Rights of the Child: Child marriage as a violation of children’s rights.

Ratio Decidendi:

The Supreme Court held that while child marriage is legally prohibited under multiple national and international frameworks, it continues due to weak enforcement and deep-rooted social customs. The judgment underlines that coordinated legal reforms, enforcement mechanisms, and community-driven interventions are essential to eradicate the practice. Authorities must take proactive steps, including the appointment of dedicated CMPOs and extensive awareness campaigns, to protect the rights and welfare of children.

Subjects:

Child Marriage, Prohibition, Enforcement, Legal Reforms

Legal Enforcement, Child Rights, Social Reform