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Supreme Court of India 2024-10-18 disposed

Society for Enlightenment and Voluntary Action & Anr vs Union of India & Ors

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

This landmark judgment addresses the enforcement failure of India's Prohibition of Child Marriage Act 2006 despite its enactment nearly two decades ago. The Supreme Court held that child marriage violates constitutional rights to free choice, autonomy, health, education and childhood under Article 21. The Court identified systemic failures including inadequate appointment of Child Marriage Prohibition Officers, weak law enforcement, insufficient prosecution and lack of comprehensive prevention mechanisms. The judgment issued extensive guidelines prioritizing prevention over penalization, requiring dedicated CMPOs, specialized police units, awareness campaigns, educational support, technology-driven reporting, and community engagement. The Court recognized child marriage as a human rights violation affecting girls disproportionately while also acknowledging harm to boys, and suggested Parliament outlaws child betrothals and clarifies that PCMA overrides personal laws.

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Child Marriage Child Rights Juvenile Justice Constitutional Law Human Rights Gender Equality Family Law Criminal Law Law Enforcement Social Welfare Education Public Health

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