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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Society for Enlightenment and Voluntary Action – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Dr Dhananjaya Y Chandrachud, CJI
| Table of Contents |
| I. Background |
| II. Procedural history and submissions |
| III. A vicious cycle: socio-economic determinants and effects of child marriage |
| IV. A national reckoning: child marriage in India |
| A. The age of consent |
| i. Rukhmabai’s case |
| ii. Phulmoni Dasi’s case |
| B. Regulating the age of marriage |
| C. The Child Marriage Restraint Act 1929 |
| V. Contemporary legal framework |
| A. The Prohibition of Child Marriage Act 2006 |
| i. Recourse to the wedded: maintenance, residence and custody |
| ii. Penalties for child marriage |
| iii. Preventive measures under the PCMA |
| Injunctions against child marriage |
| Child Marriage Prohibition Officers |
| B. The Protection of Children from Sexual Offences Act 2012 |
| C. The Juvenile Justice (Care and Protection of Children) Act 2015 |
| D. The Commissions for Protection of Child Rights Act 2005 |
| E. The Legal Services Authorities Act 1987 |
| F. Policies formulated by the Union Government |
| G. States’ efforts to curb child marriage |
| i. Training schemes |
| ii. Awareness programs |
| iii. Financial incentives |
Child marriage violates fundamental rights under Article 21, including choice, autonomy, health, and education, obligating the state to prioritize prevention over penalization through robust legal an....
Child marriage violates fundamental rights and requires a multifaceted approach, including awareness programs and community engagement, to effectively combat the issue.
(1) Child marriage is voidable but not void – Any party to such transaction must elect to confirm or void it.(2) Void marriage—Child marriage—Any person whether male or female, who has attained age o....
The Prohibition of Child Marriage Act, 2006 applies universally to all citizens of India, overriding personal laws, and establishes that child marriages are voidable at the option of the minor, reinf....
Prohibition of Child Marriage Act, 2006 supersedes Muslim personal law.
The Prohibition of Child Marriage Act allows for annulment of child marriages within two years of attaining majority, and such marriages are voidable, not void.
Prohibition of Child Marriage Act, 2006 supersedes Muslim personal law.
The central legal point established in the judgment is that the marriage of a minor under the Prohibition of Child Marriage Act, 2006, is voidable at the option of the contracting party who was a chi....
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