> ## Content Index > Fetch the complete content index at: https://www.upscprep.com/llms.txt > Use this file to discover other available public pages before exploring further. # Supreme Court suggests banning Child Betrothals - URL: https://www.upscprep.com/supreme-court-suggests-banning-child-betrothals/ - Published: 2024-10-18T19:36:49.000Z - Updated: 2024-10-18T19:36:49.000Z - Description: Case: Society for Enlightenment and Voluntary Action and anr v. Union of India and Ors - Author: UPSCprep.com - Tags: Polity, Current Affairs, #show-toc ## **Context** The Supreme Court issued several guidelines to ensure that the Prohibition of Child Marriage Act of 2006 (PCMA) achieves its objective. *\[Society for Enlightenment and Voluntary Action and anr v Union of India and Ors\].* A Bench led of Chief Justice of India (CJI) **DY Chandrachud** with Justices **JB Pardiwala** and **Manoj Misra** held that the law prohibiting child marriages should be tailored to suit different communities and there should be a community-driven approach while implementing the law to ensure its success. ## **SC's observations and directives** - **Child Betrothals Evade Law:** The Court recognizes child betrothals as a tactic to circumvent the Prohibition of Child Marriage Act (PCMA), highlighting the Act's ambiguity on this issue. - **Violation of Rights:** Child betrothals infringe upon fundamental rights, including free choice, autonomy, and the right to a childhood. - **Parliamentary Action Urged:** The Court recommends that Parliament outlaw child betrothals and classify children with fixed marriages as "minors in need of care and protection" under the Juvenile Justice Act. - **Global Concern:** The Court acknowledges that child betrothals are a global issue, referencing the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which raised concerns in 1977. - **Conflict with Personal Laws:** The Court notes the government's "note" suggesting that PCMA should supersede personal laws but refrains from a deeper examination due to a pending Parliamentary bill on the matter. - **Impact on Boys:** The Court emphasizes that boys are also victims of child marriage, often pressured by societal expectations and misinformation. - **Threat to POCSO Act:** The Court links child marriage to the sexual abuse of minors, stating that it undermines the Protection of Children from Sexual Offences Act (POCSO). - **Objectification of Children:** Child marriage objectifies children, imposing adult responsibilities and expectations, including compulsory heterosexuality and early childbirth. ## **Data and Statistics** - The article mentions declining rates of child marriage in India, from 47.4% in 2005-06 to 23.3% in 2020-21 according to NFHS-5. Global estimates from UNICEF indicate 12 million girls are married each year*.* --- ![](https://storage.ghost.io/c/92/07/9207d054-5e99-4b26-b8c8-424994497a07/content/images/2024/10/1.-UPSCprep-Banner.png) [Join Now](https://courses.upscprep.com/?%5Fgl=1%2Af3hh0o%2A%5Fga%2AMTcwMzgyODEzNi4xNjk0MzU2MjM1%2A%5Fga%5FYBPES8JNLE%2AMTcyOTI3ODgxMi4yOTcuMC4xNzI5Mjc4ODEyLjYwLjAuMA..&ref=upscprep.com) --- ## **Guidelines and Recommendations** The Supreme Court's guidelines to prevent child marriages offer a multi-pronged approach involving legal, community, educational, and technological interventions: ### **I. Legal Enforcement** - **Focused CMPOs:** Child Marriage Prohibition Officers (CMPOs) should have dedicated roles without distractions. - **District-Level Accountability:** District authorities, especially Collectors and Magistrates, are responsible for prevention and enforcement, holding CMPOs accountable. - **Specialized Police Unit:** A dedicated police unit should handle child marriage cases, collaborating with CMPOs. - **Special Child Marriage Prohibition Unit:** In high-prevalence areas, specialized units should monitor, report, and intervene in real-time, working with NGOs and community leaders. - **Code of Conduct:** A code of conduct should guide local officers, including CMPOs and police, on proactive intervention. - **Empowered Magistrates:** Magistrates should proactively issue injunctions against child marriages. - **Special Courts:** Dedicated courts should fast-track child marriage cases. - **Action Against Negligence:** Strict action against negligent public servants is mandated. ### **II. Community Involvement** - **Annual Action Plans:** States/UTs should create annual plans with KPIs, considering local cultural factors and measurable goals. - **Capacity Building:** Regular training for stakeholders (CMPOs, government representatives, NGOs, educators) is essential. - **Child Marriage Free Village Initiative:** A community-driven initiative inspired by the "Open Defecation Free Village" model. ### **III. Awareness Campaigns** - **Public Awareness:** Increased public awareness campaigns, especially in rural and economically backward areas, are crucial. ### **IV. Training/Capacity Building** - **Targeted Training:** Specialized training for community health workers (AWWs, ANMs, ASHAs), law enforcement, judicial officers, teachers, school administrators, local leaders, NGOs, and healthcare providers. ### **V. Educational and Social Support** - **Incentives and Scholarships:** Educational incentives and scholarships for girls are suggested. - **Social Welfare Programs:** Support programs for families are recommended. - **Convergence of Services:** Chief Secretaries should ensure inter-agency cooperation. ### **VI. Monitoring and Accountability** - **Standard Operating Procedures:** NALSA should develop SOPs for legal support and rehabilitation. - **Role of Panchayats:** Training for panchayats and local leaders on reporting within 48 hours. - **Individual Care Plans:** States should implement Individual Care Plans (ICPs) for at-risk girls. ### **VII. Technology-Driven Initiatives** - **Centralized Reporting Portal:** An online portal for reporting child marriages should be created. - **Technology for Support:** Utilizing technology for information dissemination. - **Attendance Monitoring:** Exploring technology for monitoring school attendance, respecting privacy. ### **VIII. Funding and Resources** - **Dedicated Budget:** A dedicated annual budget for each state is recommended. - **Juvenile Justice Fund:** Utilizing the Juvenile Justice Fund for scholarships and stipends. - **Compensation for Opting Out:** Considering compensation for girls leaving child marriages. - **Identification and Support:** Identifying and supporting at-risk children. This comprehensive roadmap aims to address child marriage through a combination of legal measures, community engagement, awareness campaigns, capacity building, and technological advancements. --- ![](https://storage.ghost.io/c/92/07/9207d054-5e99-4b26-b8c8-424994497a07/content/images/2024/10/Screenshot-2024-10-10-at-7.03.14-AM.png) #### Sociology Comprehensive Course with Mentorship Test Series included [Know More](https://courses.upscprep.com/products/sociology-comprehensive-course-with-mentorship-test-series-included-ytjynuhdcnmg/?ref=upscprep.com)