# Society for Enlightenment and Voluntary Action & Anr v. Union of India & Ors

- **Citation:** 2024 INSC 790
- **Court:** Supreme Court of India
- **Decided:** 2024-10-18
- **Bench:** Dr Dhananjaya Y Chandrachud
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/society-for-enlightenment-and-voluntary-action-anr-v-union-of-india-ors-37248
- **Pages:** 120

## Headnote

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 FastTrack 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
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[2024] 10 S.C.R.
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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 Proh

## Text

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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 FastTrack 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.
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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] 10 S.C.R.
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Union of India & Ors.
Child marriage - Constitutional guarantees against - Right to
self-determination: choice, autonomy and sexuality of children;
Right to health; Right to childhood: Right to education and
development - Explained - Evils of child marriage, enumerated:
Held: Child marriage deprives children of their agency, autonomy,
right to sexuality and right to enjoy their childhood - The right to
life and liberty enshrined in Article 21 of the Constitution is violated
by the commission of child marriage - Both sexes are adversely
affected by forced and early marriage - Constitution recognises
the right a person has over all aspects of their sexuality - Men
and women alike are victimised by compulsory heterosexuality -
In child marriage, their limited agency within heteropatriarchy is
also taken away in infancy - Marrying in childhood objectifies the
child - Child marriage imposes mature burdens on children who are
not physically or mentally prepared to comprehend the significance
of marriage - The right to choice and autonomy of a woman who
is married as a child is violated by the system of child marriage -
Minor girls forced to make conjugal relations experience posttraumatic stress and depression emanating from sexual abuse by
an elder partner - Right to choice and autonomy includes the right
to reproductive freedom - The right to reproductive freedom is part
of the rights wherein the right to the health of a person also finds
place - Constitution recognises the right to health as an inalienable
aspect of the right to life and personal liberty under Article 21 - Child
marriage inflicts tangible and lifelong physical and mental injuries
to its members - Right to health is made illusory by all accounts
within such an institution - The effect of child marriage denies
women their health which is vital to lead a dignified life - Marriage
for most women in patriarchal societies is an announcement of
educational conclusion - The minority of a woman's age at the time
of her marriage has a heightened impact on her education - Right
to primary education is a fundamental right expressly enshrined
under Article 21-A - Issue as regards approach towards boys in
child marriage also ought to be taken into account - The right to
childhood belongs to all sexes - Primary, sexual and life enhancing
education is integral to the right to childhood. [Paras 171, 173,
176-178, 184, 188, 191, 197]
Prohibition of Child Marriage Act, 2006 - Scheme of the Act -
ss.3-7, 9-12, 15, 13, 14, 16 - Protection of women married
as girls, children born in child marriages - Maintenance
and residence of the female contracting party; custody and
maintenance of children of a child marriage - Solemnization of
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child marriages - Punishment - Preventive measures against
child marriages, deterrence and prevention - Injunctions
against child marriages - Elucidated - Appointment of Child
Marriage Prohibition Officers (CMPOs), appointment of
exclusive CMPOs in each district directed.
Prohibition of Child Marriage Act, 2006 - s.9 - Punishment for
male adult marrying a child - Penalizing the groom based on
higher agency he possesses in the marriage as against the girl:
Held: Under s.9, the Court is empowered to penalise an accused
with imprisonment or a fine or both - Punishment can be imposed
based on the gravity of the offence, the circumstance of the marriage
and the socio-economic power of the male over his child bride -
Further, despite the age of majority for a man to enter into a marriage
being twenty-one under s.2(a), his criminal liability for entering into
a child marriage with a minor woman begins at eighteen - Under
s.9, a woman, regardless of her age is not liable for entering into
a child marriage and a man above the age of eighteen but under
the age of twenty one is liable for marrying a girl who is under the
age of eighteen - The legislative intent behind making a groom
liable for entering into child marriage is to recognise the relative
control of the agency that a groom has in relation to his marriage
as opposed to a girl. [Paras 52, 55]
Prohibition of Child Marriage Act 2006 - ss.10, 11 - Scope -
Punishment for solemnising a child marriage - Punishment
for promoting or permitting solemnisation of child marriages:
Held: The Act punishes three classes of persons - An adult groom
in a child marriage (s.9); persons involved in the solemnization
of child marriage (s.10) and; persons promoting or permitting the
solemnization of child marriage (s.11) - s.10 is expansive and
governs any accomplice to the commission of child marriage
including the priest who performs the marriage, any family member,
relative or person at whose direction the marriage takes place
or anyone who abets it - Further, under s.11 any person having
charge of the child, who promotes or permits a child marriage or
fails to prevent it is liable to rigorous imprisonment which may
extend to two years and a fine - The person liable under s.11 may
be the parents of the child or a guardian or any other person or
organisation - The means by which a person may have the charge
of the child is immaterial as the provision stipulates that the charge
may be 'lawful or unlawful' - Thus, the section penalises any person
or organisation involved in a child marriage - Its expansive scope
[2024] 10 S.C.R.
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allows prosecution of any person who may have unlawfully taken
the custody of a child and thereafter promoted, permitted or failed
to prevent the child marriage - s.11 also deals with organisations,
such as orphanages or schools or hostels, which may have the
charge of a child and under whose watch the child is married off.
[Para 52, 58, 60]
Prohibition of Child Marriage Act 2006 - s.11 - Intention -
Explained.
Prohibition of Child Marriage Act 2006 - s.12 - Child marriage
when void ab initio - Stated.
Prohibition of Child Marriage Act, 2006 - s.11(2) - Presumption
of negligence - Nature of presumption:
Held: s.11(2) raises a presumption - Any person in charge of a
child who was married off, is presumed to have negligently failed
to prevent the child marriage - The presumption is however,
rebuttable and may be rebutted by proving that the person could
not have prevented the marriage or failed at preventing it, despite
their best efforts - This principle is only applicable to an offence
u/s.11. [Para 62]
Child marriage - Laws governing child rights - Protective
legislations such as Protection of Children from Sexual
Offences Act, 2012 - Juvenile Justice (Care and Protection of
Children) Act, 2015 - ss.2(14), 27, 106, 107 - Commissions for
Protection of Child Rights Act 2005 - ss.2(b), 13, 24 - Legal
Services Authorities Act 1987 - s.12 - Protective framework
of the Acts:
Held: 1. The principles of the POCSO Act are directly threatened
by the commission of child marriage. The intent of the POCSO Act
is to protect children from sexual advances. Child marriage on the
other hand is an institution which puts minor girls directly in harm's
way. Under the POCSO Act, a man is liable to punishment for
having sex with his minor wife. Nevertheless, the existence of child
marriage and its continued recognition in the law as a valid (and
voidable) marriage threatens the dignity of children. The institution
of child marriage, more directly than any other institution, stipulates
for the sexual abuse of child brides by design. [Para 81]
2.1 The Juvenile Justice (Care and Protection of Children) Act
provides a comprehensive framework to deal with children in need
of care and protection (CNCP). Section 27 of the JJ Act establishes
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the Child Welfare Committee (CWC) to inter alia handle and
resolve complaints in relation to children who are in need of care.
The CWC's role is to ensure the children's basic needs are met
and that they are protected, treated, developed, and rehabilitated.
Therefore, children who are married off are required to be produced
before the CWC so that they may be rehabilitated and taken care
of. As a beneficial social legislation aimed at children, the society
and units constituted under the JJ Act are required to proactively
identify remedies and strategies for the rehabilitation and protection
of victims of child marriages. [Para 85]
2.2 Children who are at risk of marriage at the hands of their
family or relatives are expressly recognised as CNCP under
the Act. The JJ Act further prescribes for their protection,
rehabilitation and development. While victims of child marriage
are protected under the JJ Act, it further strengthens the effort
to eliminate child marriages by creating a trained and skilled
force of police officers to deal with children. The Special Juvenile
Police Units (SJPUs) are marked by their unique ability to inject
humanity in law enforcement. The task of law enforcement
officers, the police in particular, has traditionally been associated
by the State's ability to compel compliance to its norms. The formation
of SJPUs reflects a refreshing outlook toward police work, one
which is imperative in liberal democracies' treatment of vulnerable
groups. Law with a touch of humanity and law enforcement with
a boost of sensitivity and empathy are the cornerstone of the law
on children. [Para 88]
3.1 The effective implementation of the Prohibition of Child Marriage
Act, 2006 (PCMA) also falls within the subject matter of the
National Commission for the protection of Child Rights (NCPCR)
and State Commissions for the protection of Child Rights (SCPCR)
established under Commissions for Protection of Child Rights Act
2005. [Para 92]
3.2 The Ministry of Women and Child Development (MWCD) and
the NCPCR have been actively engaged in raising awareness about
the negative consequences of child marriage and strengthening
the enforcement of the PCMA. In recent years, the NCPCR has
conducted multiple review meetings and collaborated with a broad
spectrum of stakeholders, including District Magistrates, CMPOs,
Child Development Project Officers (CDPOs), Child Welfare
Committee (CWCs), and Anganwadi Workers. These initiatives
have aimed to create a coordinated approach to tackling child
marriage at the grassroots level. [Para 93]
[2024] 10 S.C.R.
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Society for Enlightenment and Voluntary Action & Anr. v.
Union of India & Ors.
3.3 The NCPCR has also concentrated on identifying children at
risk by compiling school-wise data on those who have dropped out
or exhibit irregular attendance. In 2023-2024, the NCPCR identified
645,673 children across India who were either out of school or at
risk of early marriage. The Commission directed district authorities
to pinpoint vulnerable children from this list, prevent their marriages,
and ensure proper rehabilitation for those affected. While these
awareness campaigns and data-driven interventions have been
vital, it is evident that awareness alone is not enough to prevent
child marriages effectively. Enforcement of laws, community
engagement, and support systems for vulnerable children are equally
crucial. [Para 94]
4. Section 12(c) of the Legal Services Authorities Act 1987 stipulates
that any child who has to file or defend a case is entitled to legal
services. The Legal Services Authorities are therefore under an
obligation under the Act to assist minors who file cases under
the PCMA to exercise their statutory rights. The National Legal
Services Authority, State Legal Services Authority, District Legal
Services Authorities, Taluk Legal Services Committees, High Court
Legal Services Committees, and Supreme Court Legal Services
Committee have formulated various schemes to be followed while
they deal with legal services to children. [Para 96]
Child Marriage - Schemes, Policies formulated by the Union
Government also, to empower young girls and women -
Discussed - Lack in implementation of targeted measures
solely for prevention of child marriage - Direction issued for
introducing special scheme focusing on skill development,
vocational training and economic stability for women and
girls who leave child marriages - Various preventive training,
education, financial support, community-based initiatives and
other initiatives by States and UTs - Stated - Impact analysis
of State schemes.
Child marriages - Child Rights Law - International law - Universal
framework on Child Rights - International Conventions, Political
Conventions; Regional Conventions - Universal Declaration
of Human Rights; Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery of 1956; International Covenant on Civil and
Political Rights; Convention on the Elimination of All Forms
of Discrimination against Women; Convention on the Rights
of the Child - Framework developed in the African Union, the
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European Union and the SAARC - Elucidated - Rights-based
framework against child marriages: Right to free choice and
autonomy - Right to free and informed consent, Right against
gender-based violence; Right to education - Right to primary
education, Right to be informed, Right to sex education; Right
to development of children - Stated.
Child marriages - Indian jurisprudence - Constitution of India -
Article 51 - India's obligation as regards international treaties,
conventions and norms - Discussed.
Child marriage - Age of marriage, age of consent - History
traced - Effects, socio-economic determinants of child
marriage - Explained.
Child Marriage Restraint Act, 1929 - Salient features -
Discussed.
Case Law Cited
Union of India v. VR Tripathi [2018] 13 SCR 281 : (2019) 14 SCC
646; Hardev Singh v. Harpreet Kaur [2019] 14 SCR 120 : (2020)
19 SCC 504; Vishaka v. State of Rajasthan [1997] Supp. 3 SCR
404 : 1997 AIR 3011; Vellore Citizens Welfare Forum v. Union of
India [1996] Supp. 5 SCR 241 : (1996) INSC 952; Apparel Export
Promotion Council v. AK Chopra [1999] 1 SCR 117 : (1999) 1 SCC
759; Prem Shankar Shukla v. Delhi Admn. [1980] 3 SCR 855 :
(1980) 3 SCC 526; Mackinnon Mackenzie and Co. Ltd. v. Audrey
D' Costa [1987] 2 SCR 659 : (1987) 2 SCC 469; Sheela Barse v.
Secy., Children's Aid Society [1987] 1 SCR 870 : (1987) 3 SCC
50, 51]; People's Union for Civil Liberties v. Union of India [1997]
1 SCR 923 : (1997) 3 SCC 433; D.K. Basu v. State of W.B. [1996]
Supp. 10 SCR 284 : (1997) 1 SCC 416, 438; M/s Entertainment
Network (India) Ltd. v. M/s Super Cassette Industries Ltd. [2008] 9
SCR 165 : (2008) 13 SCC 30; Ravindra Kumar Dhariwal v. Union
of India [2021] 13 SCR 823, Navtej Singh Johar v. Union of India
[2018] 7 SCR 379 : (2018) 10 SCC 1; Joseph Shine v. Union of
India [2018] 11 SCR 765 : (2019) 3 SCC 39; X v. Principal Secretary
[2022] 12 SCR 246 : (2023) 9 SCC 433; National Legal Services
Authority v. Union of India [2014] 5 SCR 119 : (2014) 5 SCC 438;
KS Puttaswamy (Privacy-9J) v. Union of India [2017] 10 SCR 569 :
(2017) 10 SCC 1; Anuj Garg v. Hotel Association of India [2007]
12 SCR 991 : (2008) 3 SCC 1, Pt. Parmanand Katara v. Union
of India [1989] 3 SCR 997 : (1989) 4 SCC 286; Paschim Banga
Khet Majoor Samiti v. State of West Bengal [1996] Supp. 2 SCR
331 : (1996) 4 SCC 37; Independent Thought v. Union of India
[2024] 10 S.C.R.
1521
Society for Enlightenment and Voluntary Action & Anr. v.
Union of India & Ors.
[2017] 13 SCR 821 : (2017) 10 SCC 800; Sheela Barse II v. Union
of India [1983] 2 SCR 337 : 1983 AIR 378; Unni Krishnan JP v.
State of Andhra Pradesh [1993] 1 SCR 594 : (1993) 1 SCC 645;
Society for Unaided Private Schools of Rajasthan v. Union of India
[2012] 2 SCR 715 : (2012) 6 SCC 1; Avinash Mehrotra v. Union
of India [2009] 5 SCR 913; Bachpan Bachao Andolan v. Union
of India [2011] 5 SCR 353 : (2011) 5 SCC 1; Maharishi Mahesh
Yogi Vedic Vishwavidyalaya v. State of M.P. [2013] 13 SCR 464 :
(2013) 15 SCC 677; Sampurna Behura v. Union of India [2018] 2
SCR 940 : (2018) 4 SCC 433; Just Rights for Children Alliance v.
S Harish [2024] 10 SCR 154 : 2024 INSC 716; Shafin Jahan v.
Ashokan KM [2018] 4 SCR 955 : (2018) 10 SCC 1 - referred to.
Prosecutor v. Dominic Ongwen No. ICC-02/04-01/15 A A2 (Ongwen
Trial Judgment); National Coalition for Gay and Lesbian Equality
v. Minister of Justice 1999 (1) SA 6, CC (South Africa); Artavia
Murillo ET AL v. Costa Rica Inter-Am. Ct. H.R. (Ser. C) No. 257
(American Court of Human Rights); A.R. and L.R. v. Switzerland,
application no. 22338/15 (EtCHR); Association pour le progrès
et la défense des droits des femmes Maliennes (APDF) and the
Institute for Human Rights and Development in Africa (IHRDA) v.
Republic of Mali, App. No. 046/2016, Judgment, African Court
on Human and Peoples' Rights [Afr. Ct. H.P.R.] (May 11, 2018);
BVerfG, Order of the First Senate of 1 February 2023 - 1 BvL 7/18
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The Convention on Regional Arrangements for the Promotion
of Child Welfare in South Asia, 2002, Council of Europe (2014).
The Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence, UN Population
Fund (1995). Report of the International Conference on Population
and Development, Cairo, 5-13 September 1994, A/CONF.171/13/
Rev.1, UNESCO (2018). International technical guidance on
sexuality education: an evidence-informed approach, Nico
Schrijver, Development without Destruction: The UN and Global
Resource Management (Bloomington, Indiana University Press,
2010) P.221, Rangita De Silva De-Alwis, Child Marriage and
the Law - Legislative Reform Initiative Paper Series (New York:
Division of Policy and Planning, UNICEF, 2007 para 28, Douglas,
'The Significance of International Law', 89-90, Joint general
recommendation No. 31 of the Committee on the Elimination
of Discrimination against Women /General comment No. 18 of
the Committee on the Rights of the Child on harmful practices",
UN DocCEDAW/C/GC/31-CRC/C/GC18 (2014), para 20, The
Rome Statute Article 7(1), UN Committee on the Elimination of
Discrimination Against Women, CEDAW General Recommendation
No. 21: Equality in Marriage and Family Relations 1994, para
16, CEDAW General Recommendation No. 19: Violence against
Women, Adopted at the Eleventh Session of the Committee
on the Elimination of Discrimination against Women (1992),
1524
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Document A/47/38 [Para 11], UN General Assembly, Declaration
on the Elimination of Violence against Women, A/RES/48/104, UN
General Assembly (20 December 1991), International Covenant
on Civil and Political Rights 1966, The Universal Declaration
of Human Rights, G.A. Res. 217, U.N. Doc. A/810 (1948), UN
General Assembly (1966). International Covenant on Civil and
Political Rights, United Nations, Treaty Series, vol. 999, p. 171,
OHCHR (2013). Realising the Right to Development: Essays in
Commemoration of 25 Years of the United Nations Declaration
on the Right to Development, UN General Assembly (1966).
International Covenant on Economic, Social and Cultural Rights,
United Nations, Treaty Series, vol. 993, p. 3, NCPCR (2017). A
Statistical Analysis of Child Marriage in India, Based on Census,
2011. Young Lives and National Commission for Protection of
Child Rights, The African Charter on the Rights and Welfare of
the Child (1990). OAU Doc. CAB/LEG/24.9/49, IPAS, African
Alliance for Women's Reproductive Health Rights - A Handbook
for Advocacy in the African Human Rights System (Chapel Hill:
IPAS, 2006), 29, Maputo Protocol - referred to.
List of Websites
https://www.unicef.org/protection/child-marriage, https://www.unicef.
org/press-releases/115-million-boys-and-men-around-world-marriedchildren-unicef, https://data.unicef.org/resources/child-marriagelatest-trends-and-future-prospects/, https://www.india.gov.in/rajivgandhi-scheme-empowerment-adolescent-girls-sabla, https://www.
myscheme.gov.in/schemes/bbbp, https://dwcd.karnataka.gov.in/
info-4/Details+of+Government+orders+and+guidelines+for+major+
schemes+and+programs+of+the+Department/en, https://www.echr.
coe.int/european-convention-on-human-rights - referred to.
List of Acts
Prohibition of Child Marriage Act, 2006; Constitution of India 1950;
Child Marriage Restraint Act 1929; Age of Consent Act 1891;
Juvenile Justice (Care and Protection of Children) Act, 2015;
Protection of Children from Sexual Offences Act 2012; Commissions
for Protection of Child Rights Act 2005; Legal Services Authorities
Act 1987; Domestic Violence Act 2005; Penal Code 1860; Bharatiya
Nagarik Suraksha Sanhita, 2023; Bharatiya Nyaya Sanhita 2023;
Hindu Widows' Remarriage Act 1856; Child Marriage Restraint
(Second Amendment) Act 1938.
[2024] 10 S.C.R.
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Union of India & Ors.
List of Keywords
Child marriage; Guidelines for prevention, elimination of child
marriage; Constitutional guarantees against Child marriage;
Forced marriages; Child Marriage Prohibition Officers (CMPO);
Child brides; Male adult; Groom; Patriarchy; Maternal morbidity;
Adolescent fertility; Girl child; Virginity; Chastity; Early childbirth;
Teenage pregnancy; Pregnancy complications; Age of consent;
Age of marriage; Maintenance and residence to the female
contracting party; Voidable; Void; Child law; Child betrothals;
Welfare and beneficial interest of the child; Ministry of Women and
Child Development; Penalties; Presumption; Offences cognizable
and non-bailable; Minor woman; Accomplice to the commission of
child marriage; Custodians or parents; Injunctions against child
marriage; POCSO Act; JJ Act; Child Welfare Committee; Beneficial
social legislation; National Commission for the protection of Child
Rights (NCPCR) and State Commissions for the protection of
Child Rights (SCPCR); Legal Services Authorities; National Legal
Services Authority, State Legal Services Authority, District Legal
Services Authorities, Taluk Legal Services Committees, High Court
Legal Services Committees and Supreme Court Legal Services
Committee; State Schemes; Training schemes; Awareness
programs; Financial incentives; International human rights norms;
Universal Declaration of Human Rights (UDHR); International
Conventions; Regional Conventions; Political conventions;
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW); Convention on the Rights of the Child
(CRC); African Union; European Union; SAARC; Right to free
choice and autonomy; Right to free and informed consent; Right
against gender-based violence; Right to education; Right to primary
education; Right to be informed; Right to sex education; Right to
development of children; International treaties; Domestic laws;
International human rights standards; Right to self-determination:
choice, autonomy and sexuality of children; Right to health; Right
to childhood: education and development; Community Involvement;
Awareness Campaigns; Training/Capacity Building; Educational
and Social Support; Social Welfare Programs; Standard Operating
Procedures.
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Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 1234 of 2017
(Under Article 32 of the Constitution of India)
Appearances for Parties
Ms. Mugdha, Kamran Khawja, Satya Mitra, Advs. for the Petitioners.
Tushar Mehta, Solicitor General, Ms. Aishwarya Bhati, A.S.G.,
Gurmeet Singh Makker, Ms. Snidha Mehra, Ms. Swarupama
Chaturvedi, Rajat Nair, Pratyush Shrivastava, Sandeep Kumar
Mahapatra, Amrish Kumar Sharma, Manish Kumar, Abhimanyu
Tewari, Ms. Eliza Barr, Ms. Deepanwita Priyanka, Prashant
Bhagwati, Avijit Mani Tripathi, Anando Mukherjee, Shwetank
Singh, Ms. Akshata Chhabra, Som Raj Choudhury, Ms. Shrutee
Aradhana, Prashant Kumar, Anand Shankar, Raghvendra Kumar,
Anand Kumar Dubey, Jainendra Kumar, Aravindh S., Advs. for the
Respondents.
Judgment / Order of the Supreme Court
Judgment
Dr Dhananjaya Y Chandrachud, CJI
Table of Contents*
I.
Background .......................................................................
6
II.
Procedural history and submissions ...............................
9
III.
A vicious cycle: socio-economic determinants and
effects of child marriage ..................................................
14
IV.
A national reckoning: child marriage in India ................
18
A.
The age of consent .....................................................
18
i.
Rukhmabai's case ..................................................
20
ii.
Phulmoni Dasi's case .............................................
24
B.
Regulating the age of marriage ..................................
25
C.
The Child Marriage Restraint Act 1929 ......................
27
V.
Contemporary legal framework .......................................
31
A.
The Prohibition of Child Marriage Act 2006 ............
31
* Ed. Note: Pagination as per the original Judgment.
[2024] 10 S.C.R.
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Society for Enlightenment and Voluntary Action & Anr. v.
Union of India & Ors.
i.
Recourse to the wedded: maintenance, residence
and custody ..........................................................
34
ii.
Penalties for child marriage ..................................
38
iii.
Preventive measures under the PCMA ................
45
Injunctions against child marriage ................................
45
Child Marriage Prohibition Officers ...............................
49
B.
The Protection of Children from Sexual Offences
Act 2012 .......................................................................
53
C.
The Juvenile Justice (Care and Protection of
Children) Act 2015 ......................................................
55
D.
The Commissions for Protection of Child Rights
Act 2005 ......................................................................
59
E.
The Legal Services Authorities Act 1987 .................
61
F.
Policies formulated by the Union Government ......
62
G.
States' efforts to curb child marriage ........................
65
i.
Training schemes .................................................
65
ii.
Awareness programs ............................................
66
iii.
Financial incentives ...............................................
68
iv.
Other initiatives ......................................................
69
v.
Impact analysis of State schemes ..........................
70
VI.
Traversing frontiers: international human rights
norms ....................................................................................
72
A.
Universal framework .................................................
73
i.
Universal Declaration of Human Rights ...............
73
ii.
Recognition in political conventions ......................
74
iii.
Targeted focus: the Convention on the Elimination
of All Forms of Discrimination against Women and
the Convention on the Rights of the Child. ..........
75
B.
Regional framework ..................................................
77
i.
African Union .........................................................
78
ii.
European Union ....................................................
80
iii.
SAARC ..................................................................
83
C.
Rights based framework ...........................................
84
i.
Right to free choice and autonomy ..........................
86
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a.
Right to free and informed consent .................
87
b.
Right against gender-based violence .............
89
ii.
Right to education .................................................
91
a.
Right to primary education ...............................
91
b.
Right to be informed .......................................
92
c.
Right to sex education ....................................
93
iii.
Right to development of children ............................
94
VII.
India's obligation ...............................................................
96
VIII.
Constitutional guarantees against child marriage .........
98
A. Right to self-determination: choice, autonomy and
sexuality of children .................................................. 100
B.
Right to health ............................................................ 105
C.
Right to childhood: education and development ....... 107
D.
Reiterating the States' obligations towards
combatting child marriage ......................................... 112
IX.
Way forward ...................................................................
116
A.
Legal Enforcement .................................................
118
B.
Judicial Measures ..................................................
122
C.
Community Involvement .......................................
124
D.
Awareness Campaigns ..........................................
125
E.
Training/Capacity Building ....................................
128
F.
Educational and Social Support .............................. 131
G.
Monitoring and Accountability ...............................
133
H.
Technology-Driven Initiatives for Reporting Child
Marriage ........................................................
135
I.
Funding and Resources ........................................
136
X.
Suggestions ..................................................................
138
XI.
Conclusion ....................................................................
140
"Sir, I am one of those unfortunate Hindu women, whose hard lot
it is to suffer the unnameable miseries entailed by the custom of
early marriage. This wicked practice has destroyed the happiness of
my life. It comes between me and that thing which I prize above all
others-study and mental cultivation. Without the least fault of mine
[2024] 10 S.C.R.
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Society for Enlightenment and Voluntary Action & Anr. v.
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I am doomed to seclusion; every aspiration of mine to rise above
my ignorant sisters is looked upon with suspicion, and is interpreted
in the most uncharitable manner." 1
~ Rukhmabai
I.
Background
1.
The Petitioner has approached this court under Article 32 of the
Constitution to raise an issue which has been debated in our nation
for over one and a half centuries. The Petitioner is an NGO that has
worked extensively against child marriage. The Petitioner's primary
grievance is that despite the enactment of the Prohibition of Child
Marriage Act 20062, the rate of child marriages in India is alarming.
The Petitioner seeks to address the failure of authorities to prevent
child marriages.