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October 18, 2024 1:41 PM

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SC rules that law on prohibition of child marriages will prevail over Personal Laws

The Supreme Court today held that the Prohibition of Child Marriage Act cannot be stunted by personal laws and marriages involving children violate the free will to have a life partner of choice.

       

A Bench comprising Chief Justice, D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra also issued guidelines for effective implementation of the law on prevention of child marriages in the country.

       

During the pronouncement of the judgment, Chief Justice Chandrachud emphasized that personal laws must not hinder the enforcement of the national statute aimed at preventing child marriages. The authorities must focus on child marriage prevention and protection of minors while penalising offenders as a last resort.

       

The bench also noted that the law on Prohibition of Child Marriage has certain gaps. The Prohibition of Child Marriage Act, 2006 was enacted to prevent child marriages and ensure their eradication from society. The Act replaced the Child Marriage Restraint Act of 1929.