Why is it in the news?

• The Supreme Court of India ruled that child betrothals, often used to bypass punishment under the Prohibition of Child Marriage Act (PCMA), infringe on children’s fundamental rights to autonomy, free choice, and childhood.
• A three-judge Bench, led by Chief Justice D.Y. Chandrachud, called on Parliament to outlaw child betrothals, recommending that children whose marriages are arranged should be classified as minors in need of care under the Juvenile Justice Act.

More about the news

• The Bench highlighted that despite international agreements like the 1977 Convention on the Elimination of All Forms of Discrimination against Women, India has not adequately addressed the issue of child betrothals.
• Under the PCMA, girls below 18 and boys under 21 are considered children, making child marriage both a criminal offense and a social evil.
• The court emphasized that child marriages harm both boys and girls, with boys influenced by patriarchal ideas and misinformation, leading to violence against their child brides.
• This ruling came in response to petitions from NGOs concerned about the high rate of child marriages, despite the PCMA being in effect for nearly two decades.
• Chief Justice Chandrachud underscored that child marriage fosters sexual abuse of child brides, posing a direct challenge to laws like the Protection of Children from Sexual Offences Act (POCSO).
• The court issued several recommendations, including age-appropriate sex education in schools and a ‘Child Marriage Free Village’ campaign, similar to the ‘Open Defecation Free Village’ initiative, involving local leaders.
• The judgment also urged the Home Ministry to establish a portal for online reporting of child marriages and recommended a compensation scheme for girls who opt out of child marriages.
• Additionally, it called for an annual budget to prevent child marriages and support affected individuals.