The Supreme Court on Friday said the Prohibition of Child Marriage Act cannot be stunted by traditions under any personal law and observed marriages involving children violate the free will to choose a life partner.
A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra further issued a slew of guidelines for the effective implementation of the law on prevention of child marriages in the country.
The bench, however, noted the issue whether the Prohibition of Child Marriage Act (PCMA) would prevail over personal laws was pending with the Parliament for consideration. The Centre had urged the apex court to hold the PCMA to prevail over personal laws.
The CJI highlighted that a “very extensive” sociological analysis was made in the judgement.
“While the PCMA seeks to prohibit child marriages. It does not stipulate big social malaise of marriages fixed in the minority of a child which also have the effect of violating the rights to choice…It takes away from them, their choice of partner and life paths before they mature and form the ability to assert their agency…,” the CJI said.