By – Aahna Vashistha
In a historical judgement on the case concerning society for the enlightenment and the voluntary action v. Union of India in 2024, the Supreme Court of India has addressed the social problem of child marriages and betrothals. The judgment based its conclusion that child betrothals are violations of the rights of children, especially bodily autonomy, freedom, as well as childhood, but are also manifestations of wider socioeconomic and cultural inequities, which further affect millions of children across India. The decision further asserts that old social norms should not decide independence or future for children.
Child Betrothals and Infant Marriages
Somewhere in India, especially in rural areas, the child marriage continues to impact. The Prohibition of Child Marriage Act in 2006 had made child marriages illegal. Still, this is supported further by NFHS-5 Survey (2019-2021) which shows that 17.7% males under age 21 and around 23.3% girls under age 18 are married. PCMA is to a great extent concerned with prohibiting the marriage of minors; however, child marriages in particular are almost always non-registered but carry severe consequences. These practices not only preserve harmful traditions, but they also enslave children with regard to their decisions, made without their consent, and deny them the most fundamental rights, such as childhood, health care, and education.
Petitioners, an NGO struggling for human rights, argued that betrothals are fundamentally impossible under the tenets of Articles 14 and 21 relating to liberty, equality, and autonomy as they are defined in the Constitution. They further noted that the occurrence of child marriages is greatly influenced by deep-rooted factors such as poverty, illiteracy, and a patriarchal tradition built in society, warranting laws giving perfect protection and comprehensive initiatives to fight this serious problem in depth.
Key Observations by the Supreme Court
A progressive interpretation of the Act was made by the Supreme Court bench, presided over by Chief Justice D.Y. Chandrachud. Recommendations on legislative amendments were suggested. Here are the key conclusions of the ruling:
- Explicit Rejection of Child Betrothals: The Court overwhelmingly rejected child betrothals as precursors to child marriage, considering these acts as blatant assaults on the rights of children to self-determination and autonomy. It accentuated that real limitation of applicability by PCMA and infringing fundamental constitutional rights to equality and autonomy.
- Intersectionality Recognized: The Court acknowledged that child marriage involves several facets and that its poor rural girls from marginal communities-caste, tribal, and those languishing in dire poverty-are often victims of such marriage. The verdict suggested complex, multiple remedies with respect to poverty, illiteracy, and patriarchal system impact.
- International Standards Have to be Embedded: The Court emphasized that the principles of international best practices have to be reinforced within the framework of India’s obligations under CEDAW, particularly Article 16 thereof, which pertains to freedom and equality to marry and establish a family. This ruling overrun the instance of those nations which had legislated unequivocally against child marriages; Bangladesh, Malawi, Ethiopia being examples.
- Right to Development for Children: The Court underlined that children have a basic right to develop in a secure, nurturing setting where they can pursue education and reach their full potential. These fundamental chances are denied to them by early marriages and betrothals, which impedes their ability to develop personally and contribute to society. These practices also violate children’s rights to health, education, and bodily autonomy, as stipulated by international human rights legislation.
- State Implementation and Accountability: The Court maintained the state’s duty to protect children’s rights. To guarantee that current laws against child marriage are applied consistently, it is recommended that strong accountability systems be established at all governmental levels. The function of the government in supplying funds, assistance, and enforcement tools, like designating Child Marriage Prohibition Officers, is critical to ensuring the laws have a practical impact.
- Utilization of Media and Technology: The ruling also promotes the dissemination of knowledge and awareness via the use of media and technology. To question cultural norms and advance child rights, social media platforms, educational websites, and community apps can reach a larger audience, especially in rural and underprivileged communities.
In order to ensure the holistic well-being of children in India, a comprehensive approach that tackles socioeconomic constraints and cultural norms alongside legal reforms is crucial, building upon these insights and recommendations.
Recommendations and the Way Forward
The Supreme Court’s ruling provides a roadmap for tackling the twin issues of child marriages and betrothals, calling for a multi-dimensional approach:
- Strengthening the PCMA: The Court suggests modifying the Prohibition of Child Marriage Act (PCMA) by adding specific clauses that make child marriages illegal, stiffening the penalties for infractions (such as fines, jail time, or even community service), and making sure that all definitions are clear and unambiguous.
- Improved Enforcement Mechanisms: One important step is the establishment of Child Marriage Prohibition Officers (CMPOs), who are in charge of making sure the laws are properly implemented. Timely interventions in cases of non-compliance require strong accountability systems, which include regular monitoring and performance reviews.
- All-encompassing Education and Awareness Campaigns: The Court emphasizes the significance of community-based educational programs that increase awareness of the serious consequences of early marriages on health, education, and financial independence to address the underlying causes of child marriages.
- Economic Support: Cash transfers, scholarships, and vocational training are examples of conditional incentives that are crucial for bolstering families economically and reducing the weight of poverty that occasionally results in child marriages.
- Involving Local Stakeholders: Community leaders, educators, and religious leaders must all take part in the effort to change social norms. Through the engagement of local leaders who possess influence over cultural practices, these advocacy campaigns can help challenge conventions and promote change at the local level.
- Data Gathering and Analysis: Frequent data collection and analysis are essential to track the effectiveness of programs, identify areas that require development, and ensure that resources are allocated efficiently.
- Comprehensive Support for Victims: For victims of child marriage, the framework must offer comprehensive support services such counselling, rehabilitation, and access to education and career training.
These recommendations, when combined, can ensure a more holistic and effective approach in eradicating child marriages, tackling both legal and societal barriers. However, for these strategies to succeed, it is essential to confront the numerous challenges that hinder their effective implementation.
Challenges to Implementation
Even though the Supreme Court’s decision in Society for Enlightenment and Voluntary Action is a significant positive step, other challenges must be addressed before the proposed reforms can be implemented. These challenges stem from the sociological, institutional, and resource-related aspects of Indian society, which are crucial to the outcome of the ruling
Below are some of the key hurdles that may impede with the effective implementation of above-mentioned recommendations-
1.Cultural Resistance: Many communities, especially those in rural areas, have a strong social fabric that includes child marriages. There is strong cultural opposition to changing these customs, which are frequently seen as traditions and ways to ensure social and economic stability. It will take a lot of community involvement and awareness initiatives to change social norms and attitudes in order to challenge these strongly held ideas.
2. Resource Deficiencies: Sufficient resources are necessary for the ruling to be implemented effectively. CMPOs frequently lack the staff, education, and funding needed to properly monitor, look into, and handle child marriage situations. It is challenging for them to carry out their crucial role due to a lack of funding, inadequate training, and understaffing.
3. Inter-Agency Coordination Challenges: For an intervention to be effective, social welfare, education, and law enforcement organizations must collaborate effectively. However, these entities usually operate in silos, which leads to poor coordination, slow answers, and insufficient information. A lack of political will and corruption can make these issues worse.
4. Legal Framework Limitations: Despite the Supreme Court’s calls for modifications to the PCMA, the legislative process can be challenging and time-consuming. Furthermore, the current legal structure may not provide victims with adequate support networks, such as counselling, rehabilitation, and protection services.
How to Combat these Challenges-
Following are some of the strategies to combat with the above mentioned challenges –
Strengthening Legal Framework
- Clarity and Enforcement: The Prohibition of Child Marriage Act should be amended to define important terms such as “child” and “betrothal” and to stiffen the penalties for violators.
- Specialized Courts: To guarantee prompt and equitable resolution, create courts specifically tasked with hearing instances involving child marriage.
Giving CMPOs (Child Marriage Prohibition Officers) More Authority
- Selection & Training: Equip CMPOs from neighbourhood child protection and law enforcement agencies to manage delicate cases and successfully enforce the law.
- Community Engagement: In order to stop child marriages, CMPOs should cooperate with local authorities and schools to carry out outreach in regions that are at risk.
Using Technology and Media to Increase Awareness
- Digital Tools: Create an app that raises awareness of child marriage, offers an anonymous tip reporting option, and offers instructional materials on the repercussions.
- Campaigns: To reach younger audiences and change public perceptions, start social media campaigns like #EndChildMarriage.
- Local Media Collaboration: Disseminate culturally relevant programming emphasizing the harm caused by underage marriages via community radio and television.
Including Local Stakeholders
- Involve Religious Leaders: To promote public advocacy against child marriages, hold workshops to raise awareness among religious and community leaders.
- Model Programs: Implement experimental projects in which local authorities serve as “ambassadors” for the cause in the community.
Survivor Support Networks
- Counselling & Safe Housing: Offer survivors safe houses for protection and reintegration, economic skills training, and trauma counselling.
- Education Access: To assist rescued girls in becoming independent, make sure they have access to educational institutions and career training programs.
Economic Support and Family Incentives
- Cash Transfers: Conditional cash transfers (CCTs) can be used to encourage families to educate girls and postpone child marriage.
- Scholarships: Provide girls with more financial aid, facilitating access to education and lowering the financial incentive for young marriages.
Tracking and Instantaneous Data Gathering
- Database Creation: To monitor child marriage cases and facilitate focused intervention, create a real-time nationwide reporting system.
- Geographic Focus: Based on published data, concentrate efforts in regions with higher prevalence.
Coordination Across Agencies
- Central Agency: Establish a single organization to coordinate activities across welfare agencies, law enforcement, and non-governmental organizations for a smooth intervention.
- Collaborations: To get resources and knowledge, collaborate with private sector partners and global organizations such as UNICEF.
Assessment and Modification
- Continuous Assessment: Periodic reviews conducted by an impartial entity to gauge effectiveness and modify plans in response to local input and new difficulties.
By addressing these challenges, including strengthening inter-agency coordination, providing adequate resources for CMPOs, and fostering community-led awareness campaigns, India can effectively combat child marriage and ensure a brighter future for its children.
The Global Perspective
By drawing on examples from other countries, the Supreme Court’s ruling places India’s anti-child marriage initiatives in a more global context and offers important insights. Nations such as Bangladesh, Malawi, and Ethiopia provide valuable perspectives on how legal changes, in conjunction with focused community engagement, might successfully prevent child marriages.
Bangladesh has been able to drastically lower the number of child marriages by concentrating on increasing access to high-quality education, especially for girls, and enforcing severe punishments, such as stiffer fines and longer jail terms for violators. This strategy emphasizes how education may empower girls and postpone marriage, which is in line with India’s goal of expanding educational options and access
Malawi has adopted a proactive approach by using community involvement and legal measures to enforce laws that forbid child marriage. To change cultural attitudes and bolster enforcement operations, it has been essential to involve community-based organizations, traditional authorities, and local leaders. By actively interacting with local communities and giving them the tools they need to significantly reduce child marriage, India can take a cue from Malawi’s model.
Ethiopia has made progress by empowering local communities, passing comprehensive laws, and putting in place community-based initiatives that tackle the underlying issues that lead to child marriage. India can address the root causes of child marriages by taking a cue from Ethiopia’s experience and giving priority to community-driven initiatives, like programs for women’s and girls’ economic development.
These instances support the idea that, through its progressive rulings, India’s judiciary is preventing child marriage in accordance with international best practices. Further, India can set the stage for more successful worldwide solutions to halt child marriages by adopting a multipronged strategy that combines community engagement, education, legislative reform, and economic inclusion.
Conclusion
The ruling in Society for Enlightenment and Voluntary Action by the Supreme Court is a strong call for social change in addition to being a historic legal win. This decision emphasizes the crucial realization that efforts from all sectors, including governmental organizations, non-governmental organizations, educational institutions, religious leaders, and community members, are equally important in eradicating long-standing practices as legislative changes alone. The ruling lays the groundwork for a time when all Indian children, particularly girls, will be free to pursue their education and lead the lives they choose without being constrained by the practice of child marriage. Notwithstanding major obstacles, the decision marks a sea change. It gives optimism that the upcoming voyage will allow youngsters to grow up free from the burden of early marriages.
In the end, it will help guarantee that every kid in India can flourish and realize their full potential—where the goal of complete freedom and equality no longer remains unattainable—by ending the cycle of exploitation and vulnerability
References:
Here’s the reference list properly organized:
- Verdictum – Supreme Court Urges Parliament To Consider Outlawing Child Betrothals. (Link)
- LiveLaw – Marriages Fixed During Minority Of Child Violates Free Choice. (Link)
- LiveLaw – Child Marriage Deprives Children Of Agency, Autonomy & Right To Enjoy Childhood. (Link)
- LegalOnus – Analysis of Society for Enlightenment v. Union of India. (Link)
- National Family Health Survey – 5 (NFHS-5) (2019-2021): The NFHS-5 provides crucial data about child marriages and other demographic and health indicators in India. Link
- CEDAW Treaty Documents – Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Link
- Comparative Research Studies – Insights drawn from UNICEF publications and academic articles on child marriage in Bangladesh, Ethiopia, and Malawi. Link
- Prohibition of Child Marriage Act, 2006 (PCMA) – The main legislation in India criminalizing child marriage. Link
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – India’s obligations under CEDAW, particularly regarding child marriages and the rights of women. Link
- Models from Bangladesh, Malawi, and Ethiopia – Comparative studies of how countries like Bangladesh, Malawi, and Ethiopia have handled child marriage:
- Constitution of India (Articles 14 and 21) – Right to equality and right to life and liberty, which the Court emphasized in relation to child betrothals and marriages. Link
- World Health Organization (WHO) – Reports on Child Marriage and its impact on health, education, and socio-economic status. Link
- UNICEF – Child Protection – Resources discussing children’s rights to education, health, and personal autonomy that child marriages and betrothals infringe upon. Link
- Social Norms and Resistance to Change – A discussion on how culture, customs, and societal norms contribute to the resistance against legislation to combat child marriage. Link
- United Nations Sustainable Development Goals (SDGs) – SDG Goal 5 specifically addresses gender equality and the empowerment of women, directly linking to child marriage and its prevention. Link