LexSOCIETY FOR ENLIGHTENMENT AND VOLUNTARY ACTION & ANR. versus UNION OF INDIA & ORS.
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[2024] 10 S.C.R. 1513 : 2024 INSC 790 Society for Enlightenment and Voluntary Action & Anr. v. Union of India & Ors. (Writ Petition (C) No. 1234 of 2017) 18 October 2024 [Dr Dhananjaya Y Chandrachud,* CJI, J.B. Pardiwala and Manoj Misra, JJ.] Issue for Consideration Petitioner, an NGO raised significant concerns as regards prevelance of child marriages and failure of authorities to prevent them despite the enactment of the Prohibition of Child Marriage Act, 2006. Sought issuance of effective guidelines inter alia for stronger enforcement mechanisms, awareness programs, appointment of Child Marriage Prohibition Officers, and comprehensive support systems for child brides. Headnotes† Child Marriage – Guidelines issued for effective implementation of the Prohibition of Child Marriage Act, 2006 (PCMA) and achieving the elimination of child marriage: Held: The success of PCMA, a social legislation requires collective efforts of all stakeholders – Need for intersectional approach, multi- sectoral coordination, preventive and community-driven strategies to ensure complete eradication of child marriages, emphasized – Guidelines issued with respect to-(1) Legal enforcement pertaining to appointment and accountability of Child Marriage Prohibition Officers (CMPO); District-Level responsibility for active prevention of child marriages; Establishment of a Specialized Police Unit and Special Child Marriage Prohibition Unit – (2) Judicial measures such as empowering Magistrates to take suo moto action and issue preventive injunctions; Exploration of Special Fast- Track Courts for child marriage cases; Mandatory action against neglectful Public Servants – (3) Community involvement which includes Annual action plans and Community-Centric Capacity Building; Adoption of the Child Marriage Free Village Initiative – (4) Awareness Campaigns: Led by CMPOs in Schools, Religious * Author 1514 [2024] 10 S.C.R. Digital Supreme Court Reports Institutions, Panchayats; Integrating comprehensive sexuality and rights education into school curricula; Educational materials and community awareness tools; Targeted community awareness campaigns; Empowerment programs for girls and young women; Helpline awareness and reporting mechanisms – (5) Training/ Capacity Building for Teachers and School Administrators, Training for Community Health Workers and Educators, Law Enforcement, Judicial Officers and Health Care Providers; as also Empowerment of Local Leaders and Community Influencers; Engagement with Non-Governmental Organizations (NGOs) – (6) Educational and Social Support like scholarships, educational incentive programs specifically targeted at girls at risk of child marriage; Social Welfare Programs; Convergence and continuity of services – (7) Monitoring and Accountability which inter alia includes formulation of Standard Operating Procedure by NALSA, Ministry of Women and Child Development, in consultation with State Child Protection Societies, National Commission for protection of child rights; Monitoring also includes role of Panchayats and local leaders; Individual care plans for At-Risk girls – (8) Technology-driven initiatives for reporting child marriage such as creation of a Centralized Reporting Portal; Technology-Driven Support Services; Monitoring of Attendance – (9) Funding in form of Dedicated annual budget allocation by relevant ministries of the Union Government for each State aimed at preventing child marriage and supporting affected individuals; Institutionalization of Juvenile Justice Fund; Compensation for Girls opting out of marriage; Identification and support for At-Risk Children. [Para 211] Prohibition of Child Marriage Act, 2006 (PCMA) vis-à-vis Personal laws – PCMA, if overrides various personal laws governing marriage: Held: Issue is pending consideration before Parliament as the Prohibition of Child Marriage (Amending) Bill 2021 introduced in Parliament sought amendment of PCMA to expressly state the overriding effect of the statute over various personal laws. [Para 214] Suggestions by Supreme Court – Outlawing of child betrothals: Held: Child betrothals, marriages fixed in the minority of a child undermines and violates their rights to free choice, autonomy, agency and childhood – Though Prohibition of Child Marriage Act, 2006 prohibits child marriages, it does not stipulate on betrothals – Parliament may consider outlawing child betrothals. [Para 215] [2024
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