Headline
The Supreme Court of India stresses on community-driven implementation of Child Marriage Law.
Summary
In Society for Enlightenment and Voluntary Action and Anr v. Union of India and Ors, the Supreme Court of India showcases the need for a modified , community-centric attitude to stop child marriages. It emphasised multi-sectoral coordination, training for law enforcement, and amendments to the Prohibition of Child Marriage Act, 2006 (PCMA) to address legal gaps.
Key Facts
- Case Name: Society for Enlightenment and Voluntary Action and Anr vs. Union of India and Ors
- Judges Name: Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra
- PIL was filed by an NGO alleging poor enforcement of the Prohibition of Child Marriage Act, 2006 (PCMA)
- The Court sent the judgment to the Ministry of Women and Child Development for nationwide execution.
Legal Insights
The Supreme Court of India condemned the reliance on prosecution, emphasizing that it has been unproductive . It asked for law enforcement training, multi-sectoral coordination, and a preventive strategy tailored to community needs. The judgment also stated the silence of the PCMA on the validity of child marriages and urged legislative amendments to override personal laws.
Impact
The judgment of the Supreme Court of India lays down a framework for enhancing the enforcement of PCMA, aiming to encourage coordination between communities, government agencies, and law enforcement.
Why It Matters
This ruling stresses that stopping child marriages requires more than legal prosecution and it demands systemic coordination and community engagement. The decision could influence future amendments to align PCMA with personal laws,by making sure that children have a choice in marriage.
Source:
