Team Blitz India
THE Supreme Court has held that personal laws and traditions cannot prevail over the Prohibition of Child Marriage Act and issued a host of guidelines to achieve the “whole purpose” of the legislation.
A Bench headed by Chief Justice of India DY Chandrachud said marriages involving children violate the free will to have a life partner of choice.
New Lady Justice
A new statue of Lady Justice was unveiled in the Supreme Court judges’ library on October 16. It now holds a copy of the Indian Constitution, instead of a sword, and the blindfold has come off to leave her with open eyes.
The court was hearing a petition that alleged a rise in child marriages in the country and non-implementation of the law in “letter and spirit”.
Calling for community-driven approaches, the court said preventive strategies should be tailored to different communities. “The law will only succeed when there is multi-sectoral coordination. Training and capacity building of law enforcement officers needs to be there,” the CJI said. The court said authorities must focus on child marriage prevention and protection of minors while penalising offenders as a last resort.
However, the court pointed out that there were certain gaps in the Prohibition of Child Marriage Act. The CJI noted that the law said nothing about the validity of such marriages.
“Legal questions are kept open to be decided by the constitutional court. Interlinking of personal laws with the Prohibition of Child Marriage Act is a point to be looked at,” the court said. A bill to amend the law to give overriding effect over personal laws is pending before a parliamentary committee.
