| Prohibition of Child Marriage Act (PCMA), 2006 It criminalizes child marriages in India, defining a “child” as a girl under 18 and a boy under 21. It imposes penalties, including imprisonment of up to 2 years and fines, for arranging or solemnizing child marriages. Allows for annulment of such marriages within 2 years of adulthood, maintenance and custody of children. Protection officers are appointed to prevent child marriages and protect victims. |
- The Supreme Court declared that child betrothals violate basic rights of free choice, autonomy, and childhood.
- It urged Parliament,
- To outlaw child betrothals
- Recognize children whose marriages are arranged as minors in need of protection under the Juvenile Justice Act.
- Observations of SC:
- Child betrothals often used to avoid punishment under the Prohibition of Child Marriage Act (PCMA).
- The PCMA is vague on child betrothals.
- Both girls and boys suffer equally in child marriages.
- Patriarchal notions of masculinity and sexual dominance can lead to violence against child brides.
- Child marriage threatens modern laws like the Protection of Children from Sexual Offences Act.
- SC Guidelines:
- The court suggested age-appropriate sexuality education in schools.
- A ‘Child Marriage Free Village’ campaign
- An online portal for reporting child marriages
- A compensation scheme for girls opting out of such marriages.
Dig Deeper: Read about important provisions of the POCSO Act.
