The recent Supreme Court ruling in the Society for Enlightenment and Voluntary Action v. Union of India case highlights the need for a comprehensive approach to child marriage that goes beyond punishment.
Prevention and Prosecution Response
- The institutional response has primarily concentrated on prevention and, more recently, prosecution as exemplified by the mass arrests of men in Assam whose wives were minors at the time of marriage.
Declining Child Marriages
- According to National Family Health Survey data, the percentage of women aged 20-24 who were married before 18 declined from 47.4 percent in 2005 to 26.8 percent in 2016, and further to 23.3 percent in 2021.
- However, the United Nations’ Sustainable Development Goal (SDG) of eliminating child marriage by 2030 appears a little far-fetched.
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Prohibition of Child Marriage Act, 2006 (PCMA)
- Under the 2006 Act, a “child marriage” is defined as one in which either the husband is under 21 years old or the wife is under 18.
- Such a marriage is considered “voidable,” meaning the party who was a child at the time can go to court and demand to annul (or cancel) the marriage.
- Until this annulment takes place, the marriage remains valid and in effect.
Annulment vs Divorce
- Divorce recognizes that a marriage existed for some time before it was dissolved, resulting in the parties being classified as divorcees.
- Grounds for Divorce: Divorce necessitates demonstrating specific grounds, such as cruelty or adultery, based on the relevant personal law.
- In annulment, marriage is treated as if it never happened, and the individuals are regarded as unmarried.
- Grounds for Annulment: To obtain an annulment under the PCMA, an individual simply needs to show that a child marriage occurred and that they were within the legal age limit to seek nullification.
- The PCMA also offers additional civil remedies, including maintenance, residence orders, and the return of gifts exchanged during the wedding.
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Challenges Regarding Criminal Action in Tackling Child Marriage
- Lack of Support System: If a girl tries to annul a marriage then the legal system would get aware that a child marriage took place.
- These criminal provisions (POCSO, BNS, PCMA) can be used against the girl’s entire family which can leave her in a vulnerable situation.
- Under the PCMA, both conducting and promoting child marriage are criminal offenses.
- Hinder Access to Healthcare: This legal environment may also hinder access to sexual and reproductive healthcare, as seeking such services could inadvertently expose her family to criminal liability.
- Self-Initiated Marriages: Some girls flee from marriages due to parental pressure or abuse, leading to self-initiated marriages.
- A study found that criminal provisions of PCMA were used twice as often in cases of self-initiated marriages than arranged marriages.
Significance of the Supreme Court Judgement
- Focus on Victim Support Over Criminal Penalties:
- The judgment shifts emphasis from merely penalizing offenders to addressing the harm experienced by victims of child marriage, ensuring a victim-centered approach.
- Comprehensive Approach to Combating Child Marriage:
- The ruling expands the scope of anti-child marriage efforts, advocating for measures that provide substantial support to those already in such marriages.
- Special Schemes:
- The Supreme Court judgment calls for the establishment of a special scheme focused on skill development, vocational training, and economic stability for women who leave child marriages.
- Rehabilitation and Compensation:
- It also emphasizes the need for rehabilitation services as well as consideration for compensation under victim compensation schemes for these women.
- Follow-Up Calls:
- There should also be follow-up support to facilitate their reintegration within their family and check if these women are not harassed by their families.
- Making Girls Aware of Their Rights:
- Some women may not want to leave their marriages but need support to assert their rights in areas like reproductive health, work, and education.
- This would help them feel empowered within their marriage.
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Conclusion
Addressing child marriage requires a multifaceted approach that prioritizes education, community engagement, and systemic reforms. By going beyond legal penalties, we can create an environment that safeguards children’s rights and promotes gender equality, ultimately leading to a healthier and more equitable society.
November 1, 2024
