Child Marriage Laws: Can Personal Law Override National Legislation?
The Supreme Court ruled that personal laws can't override the Child Marriage Act, emphasizing stricter enforcement to safeguard minors' rights.
Supreme Court Ruling on Child Marriage: Can National Law Override Personal Customs in India?
The Indian Supreme Court delivered a historic judgment in September 2018 recognizing that personal laws and custom cannot trump the PCA, a legislation against child marriage. In a case led by Chief Justice DY Chandrachud, the court said that SC stats that child marriage denies, an individual the right to marry freely, must be fought under national law and not protected by personal or religious laws.
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The judgment appeared when the court was considering a petition in respect to the increasing incidence of child marriages in India. The Chief Justice said that although the laws are there, the failure to implement them has resulted to an increase in the occurrence of such marriages. He also reaffirmed that solutions should be a natural process of considering the extended community and cultural background of the state each inhabiting different regions of India. “The law will only work,” he stated said when there is multi-sectoral coordination because there is lack of awareness on this evil practice and poor training among the enforcing agencies. Education should be given top priority while enforcing laws, which are meant to punish should be the last resort.
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The court noted that there still remain areas of lacuna, especially as it concerns to the legalisation of child marriages, for an Act that has been in force since 2006. This is a legal loose area, which needs constitutional consideration according to the Chief Justice.
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At the moment, there is a bill before the Parliament- the Women’s Reservation Bill- this bill is aimed at ensuring that the Prohibition of Child Marriage Act prevails over personal laws. The Supreme Court in this ruling has made a pro-minority decision towards them protecting them from exploitative practices while disguised as tradition.
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