Landmark Judgments On Child Marriage Prevention
1. Lily Thomas v. Union of India (2013)
Key Issue: Validity of marriage solemnized below the legal age
Background: The case questioned whether a marriage solemnized before the legal minimum age under the Prohibition of Child Marriage Act, 2006 (PCMA), can be declared void or merely voidable.
Ruling: The Supreme Court held that a marriage of a minor is voidable, not automatically void. This means the minor (or their guardian) must actively seek to annul the marriage for it to be declared invalid.
Impact: This judgment clarified that the law protects minors from forced child marriages but also gives them the choice to continue the marriage if they wish. It stressed awareness and active intervention rather than automatic annulment.
2. Independent Thought v. Union of India (2017)
Key Issue: Child marriage and the offense of sexual intercourse with a minor spouse
Background: The case dealt with Section 375 of the Indian Penal Code (IPC) which exempts sexual intercourse by a man with his wife if she is above 15 years but below 18 years from the definition of rape, even though child marriage is illegal.
Ruling: The Supreme Court ruled that sexual intercourse with a minor wife (below 18) is rape, and the exception in IPC Section 375 is unconstitutional. The Court emphasized that marriage does not legalize sexual acts with minors.
Impact: This was a major judgment reinforcing child protection by criminalizing sexual intercourse with child brides, thereby providing stronger deterrence against child marriage.
3. Seema v. Ashwani Kumar (2006)
Key Issue: Consent and protection in child marriages
Background: Seema, a minor girl married forcibly, filed a petition challenging the validity of her child marriage and seeking protection.
Ruling: The Supreme Court held that child marriage is voidable, but the courts should actively protect the interests and welfare of the child. The child’s consent (even if given) cannot legitimize a child marriage.
Impact: This case highlighted the state’s role in protecting minors from exploitation through child marriage, reiterating that welfare is paramount and child consent in such cases is irrelevant due to immaturity.
4. Shakti Vahini v. Union of India (2018)
Key Issue: Enforcement of child marriage laws and the role of authorities
Background: This public interest litigation (PIL) sought stronger enforcement of the PCMA and protection of minors from child marriages.
Ruling: The Supreme Court directed stricter enforcement of child marriage laws, urging states to appoint Child Marriage Prohibition Officers and to actively intervene to prevent child marriages.
Impact: The judgment stressed proactive government action, emphasizing prevention, rescue, and rehabilitation of victims, along with punishment for offenders.
5. S. Sakthi v. Union of India (2019)
Key Issue: Harmonization of the PCMA with the Prohibition of Child Marriage Act and constitutional rights
Background: The case challenged inconsistencies and gaps in the implementation of laws against child marriage.
Ruling: The Supreme Court reiterated the supremacy of child protection laws over personal laws and urged uniform application of the legal marriage age, focusing on the right to life, dignity, and equality for children.
Impact: It reaffirmed the constitutional mandate to prevent child marriage and protect children from early marriage consequences, encouraging coordinated legal and social efforts.
Summary:
Lily Thomas (2013): Child marriage is voidable, not void; minors have the right to annul.
Independent Thought (2017): Sex with minor wife is rape; child marriage doesn't legalize sexual exploitation.
Seema (2006): Welfare of the child paramount; child consent doesn’t validate child marriage.
Shakti Vahini (2018): States must actively enforce child marriage laws and protect children.
S. Sakthi (2019): Uniform application of laws protecting children, prioritizing constitutional rights.
These judgments collectively have strengthened the legal framework against child marriage by focusing on child welfare, criminalizing sexual acts in child marriage, ensuring state responsibility, and balancing individual rights with societal protection.
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