SC strict stand on child marriage, rules law on prohibition of child marriage prevail over personal laws

Let us tell you that there are still many such states and many such communities in the country where the marriage of minor girls is a common thing.

New Delhi: The Supreme Court gave its verdict on child marriage today. A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said, we need awareness to stop child marriage, only the provision of punishment will not do anything.

The CJI said that we saw and understood the purpose of the law on the prevention of child marriage (PCMA). He added that there is a provision of punishment without any harm which proved to be ineffective. We need awareness campaigning to make people aware about it, said CJI.

The Supreme Court had reserved the decision after hearing on July 10. The petition was filed by the Society for Enlightenment and Voluntary Action in 2017. The NGO alleged that the Child Marriage Prohibition Act was not being implemented literally.

The issue of marriage of minor girls has been in the headlines for the past several days. The court has issued guidelines on child marriage in its verdict and said that the Child Marriage Prevention Act cannot be hindered by traditions under any personal law.

After this decision of the court, there will also be a ban on getting a minor engaged. That is, if someone thinks of getting a minor girl engaged now or getting engaged to a girl and marrying her after a few years when she becomes an adult, then this will also not be valid. Action will also be taken against those who do this. Let us tell you that there are still many such states and many such communities in the country where the marriage of minor girls is a common thing.

Mention of Muslim Personal Law Board

In this, the Muslim Personal Law Board is especially mentioned. As per the board, the age of puberty and the age of adulthood are the same. The Muslim Personal Law (Sharia) Application Act, 1937 allows marriage with a minor. This law clearly states that the age of puberty (which is considered to be 15 years) and the age of adulthood are the same. Section 2 of the 1937 law provides that all marriages will come under Shariat.

The Prohibition of Child Marriage Act 2006 (PCMA) defines it as a child marriage if either of the bride and groom is not of marriageable age. Under this, girls aged 18 years or less and boys aged below 21 years are referred to as children. This law makes this child marriage revocable if challenged in court by either party.