New Delhi: The Supreme Court has issued detailed guidelines to stop child marriage, calling it a social evil. The court has pointed out the need to stop the tendency of minors to get engaged to avoid punishment under the Child Marriage Prevention Act. In fact, there is no ban on engagement yet.

In such a situation, marriage can be organised nder its guise. The Supreme Court has called child marriage a violation of the health and development of children as well as their freedom to choose a life partner of their choice. However, the court has not given any opinion or order on whether the law against child marriage will be above all personal laws (personal laws of different religions) or not, saying that the matter is pending in the Parliament.

Instructions to states to appoint officers

This important decision on child marriage was given by a bench of Chief Justice DY Chandrachud, JB Pardiwala and Manoj Mishra on the petition of NGO Society for Enlightenment and Voluntary Action. In the 141 page decision, the court said that everyone needs to work together to stop child marriage and directed the Center to appoint special officers to stop child marriage.

The court said that no other responsibility will be put on these officers, they will only focus on stopping child marriage. At the end of the decision, the court has also given some suggestions to the central government and the Parliament. It has been said that the Child Marriage Prevention Act is a central law. There are some shortcomings in it considering the rights given to children in the Constitution, but no party had challenged the law nor was there any debate on it, so the court is not giving any order on them but is suggesting the Center to investigate it. The court has clarified that the legal issues in this regard will remain open to be decided in a suitable case in the future.

The right to choose a life partner of your choice is taken away

The court said that the law prohibits child marriage, but does not prohibit the engagement of children. By getting married in childhood, the freedom to choose a life partner of one's choice and life path is taken away before maturity. The court said that international laws like CEDAW are against the engagement of children.

The apex court has said that the Parliament can consider making child engagement illegal as it can be used to escape punishment under the Child Marriage Prevention Act. The court has said that a child who is engaged can be taken care of under the Juvenile Justice Act. The court has pointed out the need for measures to end the practice of child engagement.