The Supreme Court of India has recently decided to examine discrepancies in the Prohibition of Child Marriage Act (PCMA). This move comes in response to a plea challenging the annulment of a marriage based on the age of the male spouse. The issue at hand is the inconsistency in the legal age of adulthood. As well as, the age at which individuals are legally permitted to marry.
The practice of child marriage in India was curbed in 2006 by the landmark PCMA. Under this Act, a child marriage is not only automatically void. It is voidable at the option of the contracting party who was a child at the time of marriage. In this Act, a minor spouse can seek annulment of the marriage within two years of attaining majority. For girls, this means they can challenge their marriage up to the age of 20, as they are considered adults at 18. But, for boys, the situation is more complex. While they are legally considered adults at 18, they are not permitted to marry until they reach the age of 21. This discrepancy creates a legal grey area that the Supreme Court is now set to address.
A woman challenged an order that annulled her marriage because her husband’s plea was filed beyond the prescribed time. This brought the issue of discrepancies to the forefront involves. The marriage was solemnized when she was nine years old and her husband was 12. The husband filed for divorce when he turned 18, and later sought annulment under the PCMA. The High Court annulled the marriage, but the woman contends that this decision was based on a misinterpretation of the Act.
The Supreme Court’s decision to examine this issue is crucial for several reasons. Firstly, it highlights the need for a clear and consistent legal framework about the age of marriage. The current discrepancies not only create confusion but also undermine the protective ethos of the PCMA. The Supreme Court can ensure that the law is applied uniformly and fairly, by addressing these inconsistencies. This way better protection for minors can be provided.
This examination shows the importance of safeguarding the rights of minors, particularly girls. They are often the most vulnerable in cases of child marriage. The PCMA was designed to protect minors from the harmful consequences of early marriage. This included health risks, interrupted education, and limited opportunities for personal development. By clarifying the legal provisions, the Supreme Court can strengthen these protections. It can also ensure that the Act fulfils its intended purpose.
Lastly, this move by the Supreme Court serves as a reminder of the ongoing challenges in eradicating child marriage in India. Despite significant progress, child marriage remains a pervasive issue. This is particularly so in rural and marginalized communities. The Supreme Court’s intervention can help to reinforce the message that child marriage is unacceptable. The law needs to be enforced to protect the rights and well-being of minors.