The Supreme Court has asked the Parliament to explore the possibility of amending the Prevention of Child Marriage Act (PCMA), 2006, in order to outlaw child betrothals.
The Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra gave the suggestion while delivering the verdict on a PIL filed by the Society for Enlightenment and Voluntary Action, seeking steps to stop child marriages.
The top court of the country said since the PCMA did not deal with child betrothals, it could be used to evade the penalties under the Act.
Issuing a slew of guidelines to effectively implement the PCMA, the Bench observed that marriages fixed in the minority of a child had the effect of violating free choice, autonomy, agency, and childhood. It took away from them their choice of life partner before they matured and formed the ability to assert agency.
It said international treaties such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) stipulated against child betrothals.
While a betrothed child may be a child in need of care and protection under the Juvenile Justice Act, the practice required targeted remedies for its elimination, added the Bench.
Authored by CJI Chandrachud, the verdict stressed the need to spread awareness among communities, instead of focusing merely on prosecutions.
The Apex Court must not be understood to discourage prosecution, however, the aim must not be to only increase prosecution without taking efforts to prevent child marriage, it added.
The Bench stressed on a community-driven approach to create awareness, mindful of the effect of criminalisation on families and communities.
ASG Aishwarya Bhati represented the Union of India. Advocate Mugdha also appeared during the proceedings.