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SC to Parliament: ‘Consider Banning Child Betrothal’

Marriage fixed in the minority of a child violates right to free choice, says Supreme Court

 

October 18, 2024 - In a significant ruling today, October 18, the Supreme Court has asked the Parliament to consider amending the Prohibition of Child Marriage Act (PCMA) 2006 in order to ban child betrothals. The Society for Enlightenment and Voluntary Action had filed a PIL, requesting action to prevent child weddings.

A three-judge bench presided by Chief Justice of India (CJI) D Y Chandrachud noted that, “Marriages fixed in the minority of a child also have the effect of violating their rights to free choice, autonomy, agency and childhood. It takes away from them their choice of partner and life paths before they mature and form the ability to assert their agency.”

Calling for a ban on child betrothals, the country’s top court said that “international law such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) stipulates against betrothals of minors” and “Parliament may consider outlawing child betrothals which may be used to evade penalty under the PCMA.”

Source: Media Reports