Recently, the Supreme Court of India delivered a very important judgment in the case of Society for Enlightenment and Voluntary Action v. Union of India, shifting the focus from punitive measures to addressing the welfare of victims of child marriage. This landmark ruling marks the need for comprehensive support systems for those already affected by child marriage, moving beyond mere legal compliance to empowering individuals to reclaim their agency.
About Child Marriage Laws
Child marriage is defined under the Prohibition of Child Marriage Act, 2006 (PCMA) as a marriage where the husband is under 21 years and the wife is under 18. Such marriages are deemed voidable, allowing the underage party to annul the marriage. Notably, in states like Karnataka and Haryana, amendments render all child marriages void from inception. Unlike divorce, which acknowledges a marriage’s existence, annulment treats the marriage as if it never occurred, simplifying the legal process for minors seeking to escape such unions.
Criminalisation and Its Implications
The PCMA criminalises various actions related to child marriage, including performing or promoting such unions. This legal framework can inadvertently criminalise the families of minors, creating a chilling effect that may deter them from seeking necessary healthcare or support. The Protection of Children from Sexual Offences Act, 2012 (POCSO) further complicates matters, as it subjects sexual relations within such marriages to criminal scrutiny, often placing vulnerable girls in precarious situations.
Trends in Child Marriage
Recent studies reveal that an important proportion of child marriages are self-initiated, with young individuals seeking to escape adverse circumstances such as abuse or neglect. This trend puts stress on the need for nuanced understanding and responses to child marriage that consider the agency of minors in patriarchal contexts. The societal pressures and economic sanctions faced by those exiting child marriages necessitate supportive measures rather than punitive actions.
Significance of the Supreme Court Judgment
The Supreme Court’s ruling advocates for the establishment of schemes focused on skill development, vocational training, and economic stability for women exiting child marriages. It calls for rehabilitation services and victim compensation to facilitate reintegration into society. Moreover, the judgment emphasises the importance of sex education, equipping adolescents with the knowledge to navigate their rights and relationships effectively.
Holistic Approaches to Child Marriage
Implementing the Supreme Court’s recommendations could lead to a more holistic approach in tackling child marriage. By prioritising education and economic empowerment, the state can provide individuals with the tools necessary to assert their rights within or outside of marriage. This shift from a punitive to a supportive framework acknowledges the complexities surrounding child marriage and aims to empower the most vulnerable.
Questions for UPSC:
- Discuss the implications of the Prohibition of Child Marriage Act, 2006, on the legal status of child marriages in India.
- Analyse the role of the Supreme Court in shaping policies related to child marriage and its impact on victims.
- Evaluate the effectiveness of criminalising child marriage in addressing the issue in Indian society.
- What are the socio-economic challenges faced by individuals exiting child marriages in India?
- How can skill development and education contribute to reducing child marriage rates in India?
