Landmark Ruling on Child Marriages and Betrothals in India

Child Marriages and Betrothals: A Landmark Ruling by the Supreme Court

The Supreme Court of India delivered a significant judgment addressing the critical issue of child marriages and betrothals, declaring them as infringements of fundamental rights and emphasizing the need for legislative action to eliminate this detrimental practice.

Constitutional Context

This ruling underscores how child marriages breach various constitutional rights, including:

• Article 15: Protection of Children
• Article 21: Right to Life and Personal Liberty - Child marriages impede a child's autonomy, self-determination, education, and health.
• Article 21A: Right to Education - Child marriages frequently result in girls dropping out of school, violating their fundamental right to education.

Social and Economic Implications

Child marriages perpetuate a cycle of poverty, illiteracy, and health issues, especially affecting girls. The implications include:

• High Maternal Mortality Rates: Young brides face increased risks during pregnancy and childbirth.
• Infant Mortality: Children born to child brides often encounter significant health challenges and higher mortality rates.
• Malnutrition: Child brides frequently suffer from nutritional deficiencies, adversely impacting their health and that of their children.
• Limited Opportunities: Early marriage restricts educational and economic prospects for girls, perpetuating their disempowerment.

Understanding Betrothals

Betrothals are early marriage commitments often made when children are very young. Although not legally binding, they exert social pressure and can lead to actual child marriages.

Key Provisions of the Judgment

The Supreme Court took several critical steps:

• Declared child betrothals illegal: Recognized them as violations of children's rights and a method to bypass the Prohibition of Child Marriage Act (PCMA).
• Urged Parliament to criminalize child betrothals: Suggested classifying child betrothals as a criminal offense, declaring affected children as "minors in need of care and protection."
• Issued guidelines to the government: Recommended age-appropriate sex education in schools, initiated a "Child Marriage Free Village" campaign, proposed a compensation scheme for girls escaping child marriage, and called for a dedicated portal for reporting child marriages.

Significance of the Judgment

This ruling is pivotal for several reasons:

• Upholding Children's Rights: It reinforces the necessity of protecting children's rights, including education, health, and self-determination.
• Promoting Gender Equality: It challenges patriarchal norms that sustain child marriage, empowering girls to make informed choices.
• Strengthening Legal Framework: The ruling advocates for more robust laws and policies to effectively combat child marriage and betrothals.
• Raising Awareness: It highlights the harmful effects of child marriage and fosters societal change.

Conclusion

The Supreme Court's judgment in the case of Society for Enlightenment and Voluntary Action is a groundbreaking decision that recognizes child marriages and betrothals as violations of fundamental rights. It calls for legislative reforms, policy interventions, and societal shifts to eradicate these harmful practices and safeguard the rights of children, especially girls. This verdict marks a significant stride towards ensuring a brighter future for India's youth, free from the constraints of child marriage.

Frequently Asked Questions (FAQs)

Q1. What did the Supreme Court rule regarding child marriages?
Answer: The Supreme Court ruled that child marriages and betrothals violate fundamental rights and urged legislative action to eliminate these practices.

Q2. Why are child marriages a concern in India?
Answer: Child marriages perpetuate poverty, illiteracy, and health issues, particularly among girls, affecting their future opportunities and well-being.

Q3. What is the significance of the judgment for children's rights?
Answer: The judgment reinforces the protection of children's rights, promoting education, health, and self-determination while challenging gender inequality.

Q4. How does the ruling address betrothals?
Answer: The Supreme Court declared child betrothals illegal, calling for them to be criminalized and recognizing the rights of betrothed children.

Q5. What measures did the judgment recommend to combat child marriages?
Answer: The court recommended sex education, a "Child Marriage Free Village" campaign, compensation for affected girls, and a reporting portal for child marriages.

UPSC Practice MCQs

Question 1: What did the Supreme Court declare regarding child marriages in India?
A) They are legally binding
B) They violate children's rights
C) They are beneficial for society
D) They are allowed under certain conditions
Correct Answer: B

Question 2: Which article of the Indian Constitution protects children's rights against child marriage?
A) Article 15
B) Article 21
C) Article 21A
D) Article 19
Correct Answer: B