New Delhi: Child marriage is a violation of the right to choose one’s life partner. This violates both his ‘free choice’ and his ‘childhood’. Recently, the bench of Supreme Court Chief Justice DY Chandrachud made this important comment. The bench asked Parliament to consider a complete ban on child marriage by amending the Prohibition of Child Marriage Act (PCMA), 2006. Advocate Anil Kumar Singh Srinet in the Supreme Court says that the Supreme Court’s comment indicates the abolition of the law related to personal law of Muslims even in matrimonial matters. The ball is now in the court of the central government. First triple talaq was attacked and now there is talk of interference in personal law in the matter of marriage.
What indication did CJI Chandrachud give?
A three-judge bench headed by CJI Chandrachud said that international laws like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provide against marriage of minors. Arranged marriages of children violate their rights to free choice, autonomy and childhood. The Prohibition of Child Marriage Act cannot be circumvented by traditions under any personal law and said marriages involving children are a violation of the free will to choose a life partner. The bench also included Justice JB Pardiwala and Justice Manoj Mishra. Anil Singh Srinet says that this comment of the Supreme Court is another big step towards the Common Civil Code.
Child marriage should be stopped, focus should not be on cases only
The Supreme Court said that law enforcers should make best efforts to prevent and prohibit child marriage. One should not focus only on lawsuits. A child marriage occurs every 3 minutes in India. This is a very scary situation. That means childhood is being crushed.
Strategies made according to the needs of communities
The judgment said that apart from focusing on addressing the root causes of child marriage such as poverty, gender, inequality, lack of education, prevention strategies should be tailored to the specific needs of different communities.
Understand the disadvantages of child marriage.
According to the book ‘When Children Have Children’ by Bhuvan Ribhu, an advocate and child rights activist, childhood is snatched away from child marriage. Their freedom and dignity are harmed. Child marriage means that the marriage of a girl below 18 years of age and a boy below 21 years of age comes under the category of child marriage. Child marriage causes girls to drop out of school. Their livelihood and self-reliance are harmed.
The historic decision of the Supreme Court to issue detailed guidelines to the states, fixing the accountability of all the concerned parties including schools, panchayats, police for prevention of child marriage, will give a new lease of life to our resolve to eliminate child marriage from the country by 2030. The overall and coordinated action called for by the apex court is an endorsement of the ‘picket’ strategy of action on every front of the ‘Child Marriage Free India’ campaign. Being a partner organization of the campaign, we hope that these guidelines will be followed honestly and child marriage will be eliminated from the country.
Alka Sahu, Director of ‘Seva’, a partner organization of the ‘Child Marriage Free India’ campaign.
What is the stand of the central government on child marriage?
The Center had urged the Supreme Court to keep the PCMA effective on personal laws. The bench noted that the issue of whether the Child Marriage Prohibition Act would give effect to personal laws was pending consideration by Parliament. The decision came on a PIL filed by the Society for Enlightenment and Voluntary Action, seeking effective implementation of the law to prevent child marriage.
Does child marriage result in a form of rape?
According to the book ‘When Children Have Children’ by Bhuvan Ribhu, an advocate and child rights activist, child marriage results in the rape of the girl child. This also leads to early pregnancy and a large number of deaths. It is even justified in some communities and societies.
Child marriage is considered legitimate in Muslim personal law.
Advocate Anil Kumar Singh Srinet says that child marriage has been justified in Muslim personal law. In September 2022, the Punjab and Haryana High Court had ruled that if a Muslim girl turns 15 years old, she is considered to be eligible for marriage. She can marry with her consent. Such marriage will be valid under Muslim personal law. A similar decision was also given by Delhi High Court. Such decisions created confusion regarding child marriage.
What is the age of puberty of girls among Muslims?
Anil Singh explains that according to the rules of the Muslim Personal Law Board, marriage with a minor is also allowed. According to the Muslim Personal Law (Shariat) Application Act, 1937, there is no fixed age for marriage among Muslims. A girl is considered eligible for marriage when her first period arrives. This is considered to be till the age of puberty (which is generally considered to be 15 years). This age and the age of adulthood are considered equal. That is, according to personal law, a Muslim girl is eligible for marriage after the age of 15 years. However, nowadays, even if the first period comes at the age of 12-13 years, such marriage will be considered legitimate as per personal law.
Kerala High Court said – Child Marriage Prohibition Act applies to everyone
According to Advocate Anil Kumar Singh, the Kerala High Court has said in a judgment that the Child Marriage Prohibition Act, 2006 applies to all Indian citizens, irrespective of their religion. At the same time, Gujarat High Court has said that the law banning child marriage will be applicable among Muslims also. Furthermore, the Assam Cabinet has approved the Muslim Marriage Registration Bill, 2024. Under this bill, now the registration of Muslim marriages will be done not by the Qazi but by the government.
What is the provision in the Child Marriage Prohibition Act?
According to Advocate Anil Singh, Child Marriage Prohibition Act 2006 says that if either of the bride or groom is not of marriageable age then it will be considered as child marriage. Girls of 18 years of age or below and boys below 21 years of age will be considered children. In such a situation, if even one party challenges such marriage in the court, then such child marriage can be cancelled.
Can child marriage decline?
According to the book Children Have Children, if awareness campaigns are increased and laws are strictly enforced, the child marriage rate in India will fall from the current 23 percent to 9 percent in the next 25 years.