‘Personal laws’ cannot affect the law preventing child marriage: SC

New Delhi: The Supreme Court on Friday said that ‘personal laws’ cannot affect the Prohibition of Child Marriage Act and marriages conducted in childhood take away the option of choosing a life partner of one’s choice.

A bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra also issued several guidelines for the effective implementation of the Child Marriage Prevention Act in the country.

While reading out the verdict, the Chief Justice said that the law prohibiting child marriage cannot be affected through ‘personal law’. He said that such marriages are a violation of the free will of minors to choose their life partner.

The bench said that the authorities should focus on prevention of child marriage and protection of minors and punish violators as a last resort. The bench also said that there are some loopholes in the Prohibition of Child Marriage Act.

The Prohibition of Child Marriage Act, 2006 was enacted to prevent and ensure the abolition of child marriage. The Act replaced the Prohibition of Child Marriage Act of 1929.

The bench said, “Preventive strategies should be tailored to different communities. This law will succeed only if there is multi-sectoral coordination. Training and capacity building of law enforcement officials is required. We emphasize that a community-based approach is required in this matter.”

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