Supreme Court's Directive on Child Betrothals

The Supreme Court of India has recently urged Parliament to consider amending the Prevention of Child Marriage Act (PCMA) of 2006 to explicitly outlaw child betrothals. The Court highlighted that existing laws can be evaded through the practice of child betrothals, which deny children their autonomy and free choice regarding marriage. This directive comes as part of a broader judgment addressing the significant issues surrounding child marriages in India, aiming to enhance the protection and rights of minors.

Key Takeaways from the Supreme Court's Judgment

• Outlawing Child Betrothals: The Court emphasized the need for legal reforms to prohibit child betrothals, as they allow evasion of penalties under the PCMA.
• International Treaties: The judgment referenced international agreements, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which advocate against child marriages.
• Community-Driven Approach: The Court underscored the importance of awareness campaigns over mere prosecution, advocating for community involvement in preventing child marriages.
• Impact on Both Genders: The judgment recognized that child marriages adversely affect both girls and boys, imposing premature responsibilities and denying their childhood.
• Comprehensive Measures Needed: The Court noted that existing government schemes are insufficient, advocating for a multi-faceted approach involving training, financial incentives, and awareness programs.
• Which Rights Are Affected? Child marriages infringe upon multiple fundamental rights:
  • Right to Childhood (Article 21): Children are deprived of their childhood and the right to make autonomous choices regarding their lives.
  • Right to Education (Article 21-A): Early marriage often ends educational opportunities for girls, restricting their development and independence.
  • Right to Health (Article 21): Child brides face significant health risks associated with early pregnancy and childbirth, undermining their physical and mental well-being.
  • Right to Reproductive Choice: The ability to make decisions regarding reproduction is often removed from young brides, violating their bodily autonomy.

The Matter: Child Marriages in India

Despite legal frameworks, child marriage remains prevalent in India. According to the National Family Health Survey 2019-2021:

• Prevalence Rates:3% of girls under 18 and 17.7% of boys under 21 are affected by child marriage.
• Historical Context: The prevalence of child marriages halved since the PCMA was enacted, from 47% in 2006 to 23.3% in 2021. However, significant gaps in enforcement and societal attitudes persist.

Government Interventions and Policies

The Indian government has introduced several measures to combat child marriage:

• Prevention of Child Marriage Act (2006): This law prohibits child marriages and provides penalties for violations.
• Betting on Education: Programs such as the Beti Bachao Beti Padhao scheme aim to promote girls' education and discourage child marriage.
• National Action Plan: Initiatives focused on awareness and community involvement to change societal norms around child marriage.
• Financial Incentives: Some states provide financial assistance to families for keeping girls in school, aimed at delaying marriage.