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In a significant judgment with far-reaching implications for the protection of children's rights in India, the Supreme Court has urged the Parliament to consider outlawing child betrothals. This call for action stems from the Court's recognition that the current Prevention of Child Marriage Act (PCMA), 2006, does not explicitly address child betrothals, creating loopholes that allow the practice to continue and evade legal consequences. The Court's decision highlights the urgent need to address this issue, recognizing the detrimental impact of child betrothals on children's lives and their fundamental rights.
The Court's judgment emphasizes the violation of free choice and autonomy inherent in child betrothals. By fixing marriages in the minority of a child, the practice undermines their right to choose a life partner when they are mature enough to make such a significant decision. It deprives them of the opportunity to exercise agency and autonomy, key elements of individual empowerment and self-determination. Moreover, the Court underscores the conflict between child betrothals and international treaties like the Convention on the Elimination of All forms of Discrimination against Women (CEDAW), which explicitly condemns the practice.
The judgment underscores the importance of a comprehensive approach to tackle the issue of child betrothals. While emphasizing the need to raise awareness within communities to prevent such practices, the Court also acknowledges the role of criminal prosecution as a deterrent. The judgment advocates for a balanced strategy, seeking to reduce the incidence of child marriages through community education and awareness campaigns while simultaneously utilizing legal measures to ensure accountability for those who violate the law. This dual approach seeks to address both the cultural and legal dimensions of the issue, creating a more effective and lasting solution.