New Delhi: The Supreme Court on Friday said that there are certain gaps in the Prohibition of Child Marriage Act (PCMA) and the Central government has requested it to issue a direction that PCMA prevails over the personal laws in the country, which permits such matrimonial alliances. However, the apex court refrained from issuing such a direction and said, “We resist making declarations and restrict ourselves to making suggestions for the scrutiny of the Union”.
A three-judge bench led by Chief Justice of India DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra said the issue of the interface of personal laws with the prohibition of child marriage under the PCMA has been a subject of some confusion. The bench said the Union in its note of submission filed after the judgment was reserved in the case has stated that this court may direct that the PCMA prevails over personal law.
The note states as follows: “9. As a way forward, the Ministry of Women & Child Development has the following inputs to provide for kind consideration of the court – i. There are conflicting pronouncements by various high courts about the precedence of the Prohibition of Child Marriage Act (PCMA), 2006 over personal laws. Hence, the court may consider issuing directions pronouncing that the PCMA will prevail over the personal laws governing marriage”.
The apex court said that PCMA is the central legislation governing the issue on the subject and in light of the constitutional guarantees accruing to children, "we observe certain gaps in the Act". “Absent a constitutional challenge or a case being argued, we resist from making declarations and restrict ourselves to making suggestions for the scrutiny of the Union”, said the bench
The apex court said details of the conflicting opinions were not furnished in the submissions by either party to these proceedings and added that PCMA states nothing on the validity of the marriage as we have noted above. “The Prohibition of Child Marriage (Amending) Bill 2021 was introduced in Parliament on 21 December 2021. The Bill was referred for examination to the Department Related Standing Committee on Education, Women, Children, Youth and Sports. The Bill sought to amend the PCMA to expressly state the overriding effect of the statute over various personal laws. The issue, therefore, is pending consideration before Parliament”, said the apex court.
The apex court said the legal question on these issues, however, is kept open if it were to come before a constitutional court in an appropriate proceeding. The apex court made these observations in a verdict on a writ petition filed by the NGO Society for Enlightenment and Voluntary Action & another. The plea sought a stronger enforcement mechanism to curb child marriages.
