SC Guidelines to Eliminate Child Marriages

• 06 Nov 2024

Why in News?

Recently, the Supreme Court guidelines aiming for the complete eradication of child marriages, have provided a significant boost to civil society groups in Rajasthan.

Key Points

• Prevalence of Child Marriages in Rajasthan:
  • According to the National Family Health Survey-5, 25.4% of women aged 20-24 in Rajasthan were married before reaching the legal age of 18.
• Collective Effort to Eradicate Child Marriages by 2030:
  • The Just Rights for Children Alliance (JRCA) , a non-governmental organization, emboldened by the SC new guidelines, has pledged to intensify efforts on the ground.
  • They aim to eradicate child marriages in Rajasthan by 2030 through collective action, including raising awareness in villages.
• Supreme Court’s Guidelines:
  • The Supreme Court's guidelines place accountability on village panchayats, school authorities, and child protection officers for preventing child marriages.
  • The Court advised adopting a “prevention, protection, and prosecution” model to implement the Prohibition of Child Marriage Act, 2006 effectively.
  • In 2024, the Rajasthan High Court mandated that village sarpanches, under the Rajasthan Panchayati Raj Rules, 1996, are responsible for restraining child marriages.
    • The court directed the State government to inform and sensitise village leaders, emphasizing their accountability if they fail to prevent child marriages in their communities.

Prohibition of Child Marriage Act 2006

• The law seeks to prevent child marriages by making certain actions punishable and by appointing certain authorities responsible for the prevention and prohibition of child marriages.
• Definitions under the Act:
  • “Child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.
  • “Child marriage” means a marriage to which either of the contracting parties is a child.
  • “Minor” means a person who has not attained his majority under the provisions of the Majority Act, 1875. As per the Majority Act, 1875, every person domiciled in India attain the age of majority on his completing the age of eighteen years.
• Child marriage is an offence punishable with rigorous imprisonment, which may extend to 2 years, or with fine up to Rs.1 Lakh, or both. The offences under the Act are cognisable and non-bailable.
• Persons who can be punished under the Law include:
  • Whoever performs, conducts or directs or abets any child marriage.
  • A male adult above 18 years marrying a child (Section 9).
  • Any person having charge of the child, including parent or guardian, any member of an organisation or association, promoting, permitting, participating in a child marriage.