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Society for Enlightenment and Voluntary Action & Anr. vs. Union of India & Ors.

Not available · 2024 INSC 790Decided 18 Oct 2024
Not available

Background

An NGO working against child marriage filed a writ petition pointing out that despite the Prohibition of Child Marriage Act (PCMA), 2006 being in force for nearly two decades, child marriages remained alarmingly common across India. The petitioner asked the Supreme Court to direct stronger enforcement, including proper appointment of Child Marriage Prohibition Officers (CMPOs), better awareness campaigns, and support systems (education, healthcare, compensation) for children affected by child marriage.

Decision Breakdown

The Court traced the long history of child marriage reform in India (from Rukhmabai's and Phulmoni Dasi's cases in the 19th century to the modern PCMA) and found real gaps in how the law is implemented on the ground: CMPOs are often given other duties and lack focus, awareness campaigns are patchy, and enforcement is inconsistent. Rather than striking down or reading down any provision (since no specific constitutional challenge was argued), the Court issued a detailed, wide-ranging set of binding directions: States must appoint dedicated CMPOs with clear accountability and quarterly public reporting; Collectors and police must actively prevent child marriages, especially at mass wedding events; specialised police units should be created; Magistrates should proactively use their power to issue injunctions stopping planned child marriages; and States must run structured awareness and sex-education programmes in schools and communities. The Court also flagged (without deciding) unresolved legal questions, such as whether the PCMA overrides personal religious marriage laws, and left these open for a future proper case.

Lesson Learnt

Having a good law on the books (like the PCMA) is not enough. The Supreme Court used its writ jurisdiction to convert vague statutory duties into concrete, monitorable obligations on specific officials (CMPOs, Collectors, police, Magistrates, schools) precisely because weak, diffuse accountability was allowing child marriage to persist in practice.

Official source (sci.gov.in)View Judgment (PDF)

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