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
Status of Child Marriage in India
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