New Delhi: The Supreme Court on Friday (October 18) issued a slew of directions to for effective implementation and achieve whole purpose of the Prohibition of Child Marriage Act (PCMA).
A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued directions on a Public Interest Litigation (PIL) that alleged rise in the cases of child marriages in the country and non-implementation of the relevant law.
There was decline in cases of child marriages in country, Centre earlier told apex court
While the petitioner, during the hearing, claimed that there have been rise in the cases of child marriages in India in the absence of non-implementation of the relevant law in letter and spirit, the Centre had claimed that there was decline in the cases of child marriages in the country.
The apex court, while hearing the matter, had earlier directed the central government to file a status report giving details of the steps taken to implement the law relating to prevention of child marriages. It had directed the Ministry of Women and Child Development to file a status report providing details of steps taken by it to execute the Prohibition of Child Marriage Act.
Aim of enforcement of law should not be prosecution: CJI Chandrachud
CJI Chandrachud, reading out the judgment, said that the aim of enforcement of the law should not be prosecution since prosecution based approach has proven to be counter. He said that the law will only succeed when there is multi- sectoral coordination and preventive strategy should be tailored to different communities.
“Preventive strategy should be tailored to different communities, the law will only succeed when there is a multi sectoral coordination. Training and capacity building of the law enforcement officers needs to be there. We emphasise that there needs to be community driven approaches,” CJI Chandrachud said.
There are certain gaps in PCMA, apex court noted
The court noted that there are certain gaps in the PCMA.
CJI Chandrachud said that the law on prevention of child marriages cannot be stunted by the personal law and that such marriages are violative of free will of minors to choose life.
The apex court also directed the Ministry of Women and Child Development to send the judgment to all chief secretaries and the NALSA for implementation.
