Child Marriage Law to be enforced with prevention, protection and prosecution model
In a landmark judgment today, the Supreme Court of India has issued detailed guidelines for ensuring the effective implementation of the law for the complete elimination of child marriage. The bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra further held that child marriage, and even the betrothal of a marriage child, robs a child of her free will to choose a life partner.
The bench was hearing a petition filed by the Society for Enlightenment and Voluntary Action (SEVA) which claimed that the situation of child marriage in the country is grim and there is non-implementation of the child marriage statute in “letter and spirit”. NGO SEVA is one of the coalition partners of the ‘Child Marriage Free India’ (CMFI) campaign which has been working across the nation with a special focus on ending child marriage by 2030. The judgment will further strengthen the efforts in India, already a global leader in the efforts against child marriage.
In the past year, the Child Marriage Free India (CMFI) campaign and its partner NGOs have successfully prevented over 120,000 child marriages. Additionally, government efforts have protected more than 11 lakh vulnerable children from being married off.
Emphasizing a prevention-protection-prosecution strategy and community-driven approach, Chief Justice D Y Chandrachud further stated. “The law will only succeed when there is a multi-sectoral coordination. Training and capacity building of law enforcement officers need to be there. We emphasise that there need to be community-driven approaches.”
Expressing relief over the judgment, Petitioners Alaka Sahu from the NGO SEVA and activist Nirmal Gorana Agni said, “As petitioners, we extend our heartfelt gratitude to the Supreme Court for this landmark judgment. This decision marks a significant step towards eradicating child marriage in our country. Together, through the ‘Child Marriage Free India’ campaign, we have united in our fight against this menace, paving the way for a brighter, safer future for our children.”
Emphasizing how this landmark judgment will put India on the world map in ending this social menace, Bhuwan Ribhu, Founder of ‘Child Marriage Free India’ campaign, said, “This landmark judgment will be a shot in the arm and shall be the tipping point in institutional resolve marking a significant victory in our mission to completely eradicate child marriage. The Supreme Court and the Government efforts have shown that they care for our children, it is time for the rest of us to step up and stop this social crime.”
“If we fail to protect our children, nothing else in life truly matters. The guidelines issued by the Hon'ble Court further reinforce a holistic approach, also given by the PICKET strategy, of the ‘Child Marriage Free India’ campaign. Child marriage is, in essence, child rape. This decision not only strengthens our resolve but also underscores that through united efforts and accountability, we can ultimately end the worst form of violence against children, child marriage," he further stated.
‘Child Marriage Free India’ campaign is a coalition of over 200 NGOs working across the country to end child marriage by 2030. The NGO partners follow a holistic strategy namely PICKET (Policy, Institution, Collaboration, Knowledge, Ecosystem, Technology). Their efforts with religious leaders and communities have led to over 49 million pledges against this crime.
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Jitendra Parmar
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