Supreme Court issued guidelines for effective implementation of Prohibition of Child Marriage Act (PCMA), 2006

Posted 19 Oct 2024

Updated 25 Oct 2024

2 min read

SC in Society for Enlightenment and Voluntary Action v. UoI case held that PCMA (refer to box) cannot be stunted by personal laws and traditions.

Key SC observations

SC directed authorities focus on child marriage prevention and the protection of minors while penalising offenders as a last resort.
The court stressed the need to address the root causes of child marriage, such as poverty, gender inequality, lack of education, and entrenched cultural norms.
Marriages involving children violate the free will to have a life partner of choice.
- Asked Parliament to ban child betrothals (promise that a marriage will take place) by amending PCMA.

Key Provisions of Guidelines

Legal Enforcement
- State Governments and Union Territories (UTs) must appoint Child Marriage Prevention Officers (CMPO).
- Establishment of a Specialized Police Unit and State Special Child Marriage Prohibition Unit.
Judicial Measures
- Empowering Magistrates to take Suo Moto Action and Issue Preventive Injunctions.
- Exploration of Special Fast-Track Courts for Child Marriage cases.
Other
- Adoption of the Child Marriage Free Village Initiative, in line of "Open Defecation Free Village" model.
- Establishing technology-driven monitoring system to track daily attendance for school-going girls up to the 12th grade.

About PCMA , 2006

PCMA was enacted by replacing Child Marriage Restraint Act (CMRA) of 1929, also known as the Sharda Act to prevent child marriages in India.
- PCMA defines a child as a male under 21 years of age and a female under 18 years of age.
- Prohibition of Child Marriage (Amendment) Bill, 2021 aims to amends the PCMA to increase the minimum age of marriage of females to 21 years (recommendation of Jaya Jaitly committee).

Status of Child Marriage in India

23% of women and 17.7% of boys between the age of 20 and 24 were married before 18 years of age. (NFHS-5)
Over half of the girls and women who married in childhood live in five states: Uttar Pradesh (largest contributor), Bihar, West Bengal, Maharashtra and Madhya Pradesh. (UNICEF)