Case Note & Summary
The Supreme Court of India delivered a landmark judgment in a public interest litigation filed by the Society for Enlightenment and Voluntary Action, an NGO working against child marriage. The petitioner sought stronger enforcement of the Prohibition of Child Marriage Act, 2006 (PCMA), and the issuance of guidelines to prevent child marriages and support child brides. The Court traced the historical and legal evolution of the age of consent and marriage in India, from Rukhmabai's case and Phulmoni Dasi's case to the Child Marriage Restraint Act, 1929, and the current PCMA. It noted that despite a decline in child marriage rates from 47% in 2006 to 23.3% in 2019-2021 (NFHS-5), the prevalence remains alarming, with 23.3% of girls married below 18 and 17.7% of boys below 21. The Court examined the contemporary legal framework, including the PCMA, the Protection of Children from Sexual Offences Act, 2012 (POCSO), the Juvenile Justice (Care and Protection of Children) Act, 2015, the Commissions for Protection of Child Rights Act, 2005, and the Legal Services Authorities Act, 1987. It also reviewed international human rights norms, including the Universal Declaration of Human Rights, CEDAW, CRC, and regional frameworks like the African Union, European Union, and SAARC. The Court held that child marriage violates constitutional rights to self-determination, autonomy, health, education, and childhood under Articles 14, 15, 19(1)(a), 21, and 21A of the Constitution. It reiterated the State's positive obligations to combat child marriage and issued comprehensive guidelines covering legal enforcement, judicial measures, community involvement, awareness campaigns, training and capacity building, educational and social support, monitoring and accountability, technology-driven initiatives for reporting, and funding and resources. The Court directed the Union and State Governments to implement these measures effectively to achieve the Sustainable Development Goal target 5.3 of eliminating child marriage by 2030.
Headnote
A) Constitutional Law - Right to Self-Determination - Autonomy and Sexuality of Children - Articles 14, 15, 19(1)(a), 21 of the Constitution of India - Child marriage infringes upon a child's right to free choice, autonomy, and bodily integrity - The court held that the State must protect children from early marriage to ensure their right to self-determination and development (Paras 100-104). B) Constitutional Law - Right to Health - Article 21 of the Constitution of India - Child marriage adversely affects physical and mental health of children, especially girls - The court held that the State has a duty to provide healthcare and nutrition to child brides and prevent early pregnancies (Paras 105-106). C) Constitutional Law - Right to Childhood - Education and Development - Articles 21, 21A of the Constitution of India - Child marriage deprives children of their right to education and childhood - The court held that the State must ensure access to education and prevent dropout due to marriage (Paras 107-111). D) Family Law - Prohibition of Child Marriage - Enforcement and Prevention - Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 of the Prohibition of Child Marriage Act, 2006 - The court examined the definition of child marriage, penalties, and preventive measures including injunctions and appointment of Child Marriage Prohibition Officers - Held that strict enforcement and awareness are necessary (Paras 31-52). E) Criminal Law - Protection of Children from Sexual Offences - Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of the Protection of Children from Sexual Offences Act, 2012 - Child marriage often leads to sexual abuse of minors - The court noted that the POCSO Act provides for protection of children from sexual offences and must be implemented in conjunction with the PCMA (Paras 53-54). F) Juvenile Justice - Care and Protection of Children - Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141 of the Juvenile Justice (Care and Protection of Children) Act, 2015 - Child brides are often in need of care and protection - The court held that the JJ Act provisions for children in need of care and protection apply to child brides (Paras 55-58). G) International Law - Human Rights - Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Convention on the Rights of the Child (CRC) - Child marriage is a violation of human rights - The court held that India's international obligations under CEDAW and CRC require the State to take effective measures to eliminate child marriage (Paras 72-95). H) Constitutional Law - State Obligations - Articles 14, 15, 21, 39(e), 39(f), 47 of the Constitution of India - The State has a positive obligation to combat child marriage through legal enforcement, judicial measures, community involvement, awareness campaigns, training, educational support, monitoring, technology-driven initiatives, and funding - The court issued comprehensive guidelines for the way forward (Paras 112-141).
Issue of Consideration
Whether the failure of authorities to prevent child marriages and enforce the Prohibition of Child Marriage Act 2006 warrants issuance of guidelines by the Supreme Court to strengthen enforcement, awareness, and support systems for child brides.
Final Decision
The Supreme Court issued comprehensive guidelines to combat child marriage, covering legal enforcement, judicial measures, community involvement, awareness campaigns, training and capacity building, educational and social support, monitoring and accountability, technology-driven initiatives for reporting, and funding and resources. The Court directed the Union and State Governments to implement these measures effectively.
Law Points
- Child marriage violates constitutional rights to autonomy
- health
- education
- and childhood
- Prohibition of Child Marriage Act 2006 must be enforced with preventive measures
- States have positive obligations to eradicate child marriage
- International human rights norms inform domestic interpretation
