SC Verdict on Child Marriage Must be Followed by Guardrails Against Undue Criminalisation

Why in News?

• Recently, the Supreme Court of India delivered a significant judgment on the persistence of child marriages in the country, despite the passage of the Prohibition of Child Marriage Act (PCMA) nearly two decades earlier.
• A bench led by Chief Justice D Y Chandrachud, Justices J B Pardiwala and Manoj Misra highlighted the alarming scale of child marriages in India and introduced extensive guidelines for the effective enforcement of PCMA.
• This judgment represents not only a legal stance but also a broader social commentary on a practice that continues to plague the nation, despite legislative efforts aimed at its eradication.

Historical Context of Child Marriage in India, Legislative Framework, and the Current Situation

• Historical Context
  • To give an example of the continuing struggle against child marriage, the Court cited the plea of Rukhmabai, a young woman who, in 1884, resisted the custom of early marriage.
  • Her case exemplifies the deep-rooted challenges faced by child brides, even in colonial India.
  • Rukhmabai’s refusal to live with her husband, despite societal and legal pressures, led to a significant settlement, and she eventually became one of the first practicing female doctors in India.
  • This anecdote sets the stage for understanding the systemic nature of child marriage in the country, which persists despite legislative attempts over centuries, from the Age of Consent Act of 1891 to the current PCMA of 2006.
• Legislative Framework: The Prohibition of Child Marriage Act
  • The Prohibition of Child Marriage Act (PCMA) of 2006 was enacted to replace the Child Marriage Restraint Act of 1929.
  • Under this Act, child marriage is a punishable offense, with penalties ranging from two years of rigorous imprisonment to a fine of up to Rs 1 lakh.
  • The Act treats child marriage as cognizable and non-bailable, making the marriage voidable unless certain specific exceptions apply.
  • Despite the severity of the law, child marriage remains a widespread issue, as demonstrated by the staggering figures shared in the judgment.
• Current Situation
  • Almost 150 years after the Age of Consent Act, India continues to have one in three of the world’s child brides, with 223 million child brides recorded, 102 million of whom were married before the age of 15.
  • While the prevalence of child marriages has halved since the enactment of PCMA, certain states still report rates exceeding 40 percent, particularly West Bengal, Bihar, and Tripura.
  • This regional variation highlights the complex interplay of poverty, cultural norms, and rural-urban divides that perpetuate child marriage.

Socio-Economic Causes of Child Marriage

• Poverty and Economic Hardship
  • Families in economically disadvantaged communities view marriage to reduce financial burdens.
  • For many poor households, marrying off a daughter at a young age is perceived to relieve themselves of the cost of raising and supporting her.
  • In rural and impoverished areas, parents may struggle to afford necessities such as food, education, and healthcare for their children.
  • In such cases, marrying off daughters early is seen as a practical solution to reduce household expenses.
• Emphasis on Sexual Purity and Virginity
  • The strong emphasis on the sexual purity and virginity of brides ensures parents marry their daughters early.
  • The fear that young girls may be sexually abused, or worse still, engage in consensual sexual activity, is daunting.
  • There is also the deep-rooted belief that a daughter’s marriage is a religious obligation that needs to be fulfilled above all else.
• Displacement and Vulnerability
  • Displacement due to natural disasters, conflicts, or economic migration exacerbates the problem of child marriage.
  • Displaced families often lose their social networks, financial stability, and access to community support systems, leaving their daughters particularly vulnerable to child marriage.
  • In such circumstances, parents may view marriage to secure their daughters' future and protect them from the uncertainties of displacement.
• Cultural Norms and Gender Inequality
  • Cultural beliefs about gender roles and the value of women significantly contribute to the prevalence of child marriage in India.
  • In many traditional communities, a girl’s worth is often linked to her role as a wife and mother, and her primary duty is seen as fulfilling family and societal obligations through marriage.
  • Child marriage is thus regarded as a cultural norm, with early marriage seen as an essential rite of passage for young girls.
  • Sons are often seen as the bearers of family lineage and the ones who will support parents in old age, while daughters are expected to leave the family upon marriage.
  • This perception leads to girls being treated as economic liabilities, and early marriage becomes a way to transfer this perceived burden to their husbands’ families.

The Complexity of Marriage by Choice Among Minors and Void vs. Voidable Marriages

• The Complexity of Marriage by Choice Among Minors
  • Child marriage is not limited to those forced into it by parental or societal pressure; it also includes minors who marry of their own volition, often against their parents' wishes.
  • This raises the question of whether such marriages should be treated the same as those where minors are coerced.
  • In cases such as Jitender Kumar Sharma v State (2010), courts have grappled with this issue, often issuing contradictory rulings.
  • In Yunus Khan v State of Haryana (2014), a 16-year-old girl married of her own free will against her parents' wishes, and the court upheld the marriage as valid.
  • Conversely, in Amrinder Kaur v State of Punjab (2015), the Punjab and Haryana High Court invalidated the marriage of a minor girl who married a boy from a different caste.
  • These contradictory rulings highlight the legal and social complexities surrounding child marriage in India.
• Void vs. Voidable Marriages: Legal Implications
  • A void marriage is one in which a child is married off without the consent of their lawful guardian, effectively rendering the marriage non-existent in legal terms.
  • A voidable marriage, on the other hand, remains valid unless challenged by the child, who has the right to nullify it up to two years after reaching adulthood.
  • States like Karnataka and Haryana have amended their laws to make all child marriages void from the outset, but this has led to unintended consequences.
  • A study by the National Coalition for Advocating Adolescent Concerns found that such changes create legal uncertainties for child brides, particularly regarding their rights to matrimonial property and the status of their children.
  • The issue of abandonment also looms large, as husbands can easily remarry, taking advantage of the void status of their previous marriage.

Way Forward: Strict Implementation of the SC’s Guidelines

• The SC’s recent guidelines for implementing PCMA prioritise prevention over punitive measures, recognising the damaging effects that criminalisation can have on young girls and their families.
• This emphasis on prevention before protection and protection before penalisation is a progressive step toward addressing child marriage in a more sensitive and practical manner.
• However, while the guidelines are commendable, their success will ultimately depend on how effectively they are implemented at the grassroots level.
• Social attitudes and economic realities continue to pose significant barriers to ending child marriage in India, and the law alone cannot address these deeply ingrained practices. 

Conclusion

• The SC’s judgment on child marriage is a crucial reminder of the ongoing struggle against this practice in India.
• While legislative frameworks like the PCMA are essential, they must be supported by broader social reforms and economic support systems.
• The complexities of child marriage, particularly when it comes to marriages by choice or under coercion, require nuanced legal approaches and compassionate solutions