Child betrothals are a ploy to escape punishment: SC

Sub : Polity

Sec: Constitution

Context:

The Supreme Court of India recently ruled that child betrothals, often used as a tactic to evade punishment under the Prohibition of Child Marriage Act (PCMA), are a violation of basic rights, including freedom of choice, personal autonomy, and the right to a childhood.
The court’s ruling was based on petitions filed by NGOs like the Society for Enlightenment and Voluntary Action.
The NGOs noted that despite the enactment of the PCMA almost two decades ago, child marriage rates remain alarmingly high.

Observations by the court:

Vagueness of the Law: The court observed that the current child marriage laws are vague regarding child betrothals.
The court urged Parliament to explicitly outlaw child betrothals and classify a child whose marriage is arranged as a minor as in need of care and protection under the Juvenile Justice Act.
It also highlighted that India has yet to fully address the issue of minor betrothals despite international commitments, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted in 1979.

Conflict with modern laws:

The court warned that the centuries-old practice of child marriage poses a threat to modern laws like the Protection of Children from Sexual Offences (POCSO) Act.
The institution of child marriage, the court stated, directly facilitates sexual abuse of child brides by design.

Impact of child marriage on both genders:

The court recognized that boys suffer alongside girls in child marriages. Patriarchal notions of masculinity, misinformation, and peer pressure often lead boys into violent behaviour against their young brides.

Clash between Personal Laws and Child Marriage Prohibition:

The Supreme Court pointed out the confusion regarding how personal laws interact with the prohibition of child marriage.
The Centre had submitted a note pushing for the PCMA to take precedence over personal laws but did not follow up by providing records of conflicting High Court judgments on the matter.

Definition of child:

Under the Prohibition of Child Marriage Act (PCMA), 2006, girls under 18 and boys under 21 are considered children, and child marriage is a punishable offense.
The law views child marriage as a criminal act.

Guidelines Issued by the Supreme Court:

Implementing age-appropriate, culturally sensitive sexuality education in schools.
Launching a Child Marriage Free Village initiative, similar to the Open Defecation Free Village program, involving local leaders.
Establishing a designated portal for online reporting of child marriages through the Home Ministry.
Initiating a compensation scheme for girls who opt out of child marriages through the Ministry of Women and Child Development.
Allocating an annual budget to prevent child marriages and support affected individuals.
Judicial Confusion on Personal Laws