Holding

The Supreme Court held that effective implementation of the Prohibition of Child Marriage Act requires issuance of detailed guidelines mandating exclusive CMPOs, multi‑sectoral coordination, judicial injunctions, community engagement, training, monitoring, and funding, while leaving the questions of PCMA’s overriding effect over personal law and the prohibition of child betrothals to Parliament.

Summary

The Society for Enlightenment and Voluntary Action, an NGO, filed a writ petition under Article 32 seeking comprehensive guidelines for the effective implementation of the Prohibition of Child Marriage Act, 2006 (PCMA), including the appointment of exclusive Child Marriage Prohibition Officers (CMPOs) and support mechanisms for child brides. The Court examined the prevalence of child marriage, the constitutional guarantees under Articles 21, 21A and 38, and the interplay of PCMA with personal laws and other statutes such as the POCSO and Juvenile Justice Acts. It held that the PCMA, as a social legislation, requires multi‑sectoral coordination, dedicated CMPOs, specialized police units, judicial injunctions, community involvement, awareness campaigns, training, and robust monitoring and funding. The Court also noted that the question of PCMA’s overriding effect over personal laws and the prohibition of child betrothals remain matters for Parliament. Consequently, the Court issued detailed guidelines covering enforcement, judicial, community, technological, and financial aspects, and directed the relevant ministries and authorities to implement them. The writ petition was disposed of.

Issues considered

The need for comprehensive guidelines to enforce the Prohibition of Child Marriage Act, 2006.
Whether the PCMA should override personal laws governing marriage.
The propriety of appointing exclusive Child Marriage Prohibition Officers at the district level.
The necessity of prohibiting child betrothals in addition to child marriages.
The extent of the State’s constitutional obligations under Articles 21, 21A and 38(2) to prevent child marriage.
The Court’s authority to direct administrative, judicial and financial measures for PCMA implementation.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 199(C)
Bharatiya Nyaya Sanhita, 2023s. 63
Child Marriage Restraint Act, 1929s. 12, s. 13, s. 2(a), s. 2(d)
Commissions for Protection of Child Rights Act, 2005s. 13, s. 24, s. 25
Constitution of Indias. Article 21, s. Article 21A, s. Article 38(2), s. Article 39(e), s. Article 39(f), s. Article 51
Juvenile Justice (Care and Protection of Children) Act, 2015s. 106, s. 107, s. 2(14), s. 271
Legal Services Authorities Act, 1987s. 12(c)
Prohibition of Child Marriage Act, 2006s. 10, s. 11, s. 12, s. 13, s. 14, s. 15, s. 16, s. 2(a), s. 3, s. 4, s. 5, s. 6, s. 7, s. 9
Protection of Children from Sexual Offences Act, 2012s. 2(d)

Headnote

Issue for Consideration Petitioner, an NGO raised significant concerns as regards prevelance of child marriages and failure of authorities to prevent them despite the enactment of the Prohibition of Child Marriage Act, 2006. Sought guidelines inter alia for stronger enforcement mechanisms, awareness programs, appointment of Child Marriage Prohibition Officers, and comprehensive support systems for child brides. Headnotes† Child Marriage – Guidelines issued for effective implementation of the Prohibition of

Subjects

Child marriageGuidelines for prevention, elimination of child marriageConstitutional guarantees against Child marriageForced marriagesChild Marriage Prohibition Officers (CMPO)Child bridesMale adultGroomPatriarchyMaternal morbidityAdolescent fertilityGirl childVirginityChastityEarly childbirthTeenage pregnancyPregnancy complicationsAge of consentAge of marriageMaintenance and residence to the female contracting partyVoidableVoidChild lawChild betrothalsWelfare and beneficial interest of the childMinistry of Women and Child DevelopmentPenaltiesPresumptionOffences cognizable and non-bailableMinor womanAccomplice to the commission of child marriageCustodians or parentsInjunctions against child marriagePOCSO ActJJ ActChild Welfare CommitteeNational Commission for the protection of Child Rights (NCPCR)State Commissions for the protection of Child Rights (SCPCR)Legal Services AuthoritiesNational Legal Services AuthorityState Legal Services AuthorityDistrict Legal Services AuthoritiesTaluk Legal Services CommitteesHigh Court Legal Services CommitteesSupreme Court Legal Services CommitteeState SchemesTraining schemesAwareness programsFinancial incentivesInternational human rights normsUniversal Declaration of Human Rights (UDHR)International ConventionsRegional ConventionsPolitical conventionsConvention on the Elimination of All Forms of Discrimination Against Women (CEDAW)Convention on the Rights of the Child (CRC)African UnionEuropean UnionSAARCRight to free choice and autonomyRight to free and informed consentRight against gender-based violenceRight to educationRight to primary educationRight to be informedRight to sex educationRight to development of childrenInternational treatiesDomestic lawsInternational human rights standardsRight to self-determination: choice, autonomy and sexuality of childrenRight to healthRight to childhood: education and developmentCommunity InvolvementAwareness CampaignsTraining/Capacity BuildingEducational and Social SupportSocial Welfare ProgramsStandard Operating Procedures

Judgment

[2024] 10 S.C.R. 1513 : 2024 INSC 790

Society for Enlightenment and Voluntary Action & Anr.
v.
Union of India & Ors.
(Writ Petition (C) No. 1234 of 2017)
18 October 2024
[Dr Dhananjaya Y Chandrachud,* CJI,
J.B. Pardiwala and Manoj Misra, JJ.]

Issue for Consideration
Petitioner, an NGO raised significant concerns as regards
prevelance of child marriages and failure of authorities to prevent
them despite the enactment of the Prohibition of Child Marriage Act,
2006. Sought issuance of effective guidelines inter alia for stronger
enforcement mechanisms, awareness programs, appointment of
Child Marriage Prohibition Officers, and comprehensive support
systems for child brides.

Headnotes†

Child Marriage – Guidelines issued for effective implementation
of the Prohibition of Child Marriage Act, 2006 (PCMA) and
achieving the elimination of child marriage:
Held: The success of PCMA, a social legislation requires collective
efforts of all stakeholders – Need for intersectional approach,
multi- sectoral coordination, preventive and community-driven
strategies to ensure complete eradication of child marriages,
emphasized – Guidelines issued with respect to-(1) Legal
enforcement pertaining to appointment and accountability of Child
Marriage Prohibition Officers (CMPO); District-Level responsibility for
active prevention of child marriages; Establishment of a Specialized
Police Unit and Special Child Marriage Prohibition Unit – (2) Judicial
measures such as empowering Magistrates to take suo moto action
and issue preventive injunctions; Exploration of Special Fast-
Track Courts for child marriage cases; Mandatory action against
neglectful Public Servants – (3) Community involvement which
includes Annual action plans and Community-Centric Capacity
Building; Adoption of the Child Marriage Free Village Initiative –
(4) Awareness Campaigns: Led by CMPOs in Schools, Religious

* Author
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Institutions, Panchayats; Integrating comprehensive sexuality
and rights education into school curricula; Educational materials
and community awareness tools; Targeted community awareness
campaigns; Empowerment programs for girls and young women;
Helpline awareness and reporting mechanisms – (5) Training/
Capacity Building for Teachers and School Administrators, Training
for Community Health Workers and Educators, Law Enforcement,
Judicial Officers and Health Care Providers; as also Empowerment
of Local Leaders and Community Influencers; Engagement with
Non-Governmental Organizations (NGOs) – (6) Educational and
Social Support like scholarships, educational incentive programs
specifically targeted at girls at risk of child marriage; Social Welfare
Programs; Convergence and continuity of services – (7) Monitoring
and Accountability which inter alia includes formulation of Standard
Operating Procedure by NALSA, Ministry of Women and Child
Development, in consultation with State Child Protection Societies,
National Commission for protection of child rights; Monitoring also
includes role of Panchayats and local leaders; Individual care plans
for At-Risk girls – (8) Technology-driven initiatives for reporting
child marriage such as creation of a Centralized Reporting Portal;
Technology-Driven Support Services; Monitoring of Attendance –
(9) Funding in form of Dedicated annual budget allocation by
relevant ministries of the Union Government for each State aimed
at preventing child marriage and supporting affected individuals;
Institutionalization of Juvenile Justice Fund; Compensation for
Girls opting out of marriage; Identification and support for At-Risk
Children. [Para 211]

Prohibition of Child Marriage Act, 2006 (PCMA) vis-à-vis
Personal laws – PCMA, if overrides various personal laws
governing marriage:
Held: Issue is pending consideration before Parliament as the
Prohibition of Child Marriage (Amending) Bill 2021 introduced in
Parliament sought amendment of PCMA to expressly state the
overriding effect of the statute over various personal laws. [Para 214]

Suggestions by Supreme Court – Outlawing of child betrothals:
Held: Child betrothals, marriages fixed in the minority of a child
undermines and violates their rights to free choice, autonomy,
agency and childhood – Though Prohibition of Child Marriage Act,
2006 prohibits child marriages, it does not stipulate on betrothals –
Parliament may consider outlawing child betrothals. [Para 215]
[2024] 10 S.C.R. 1515

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

Child marriage – Constitutional guarantees against – Right to
self-determination: choice, autonomy and sexuality of children;
Right to health; Right to childhood: Right to education and
development – Explained – Evils of child marriage, enumerated:
Held: Child marriage deprives children of their agency, autonomy,
right to sexuality and right to enjoy their childhood – The right to
life and liberty enshrined in Article 21 of the Constitution is violated
by the commission of child marriage – Both sexes are adversely
affected by forced and early marriage – Constitution recognises
the right a person has over all aspects of their sexuality – Men
and women alike are victimised by compulsory heterosexuality –
In child marriage, their limited agency within heteropatriarchy is
also taken away in infancy – Marrying in childhood objectifies the
child – Child marriage imposes mature burdens on children who are
not physically or mentally prepared to comprehend the significance
of marriage – The right to choice and autonomy of a woman who
is married as a child is violated by the system of child marriage –
Minor girls forced to make conjugal relations experience post-
traumatic stress and depression emanating from sexual abuse by
an elder partner – Right to choice and autonomy includes the right
to reproductive freedom – The right to reproductive freedom is part
of the rights wherein the right to the health of a person also finds
place – Constitution recognises the right to health as an inalienable
aspect of the right to life and personal liberty under Article 21 – Child
marriage inflicts tangible and lifelong physical and mental injuries
to its members – Right to health is made illusory by all accounts
within such an institution – The effect of child marriage denies
women their health which is vital to lead a dignified life – Marriage
for most women in patriarchal societies is an announcement of
educational conclusion – The minority of a woman’s age at the time
of her marriage has a heightened impact on her education – Right
to primary education is a fundamental right expressly enshrined
under Article 21-A – Issue as regards approach towards boys in
child marriage also ought to be taken into account – The right to
childhood belongs to all sexes – Primary, sexual and life enhancing
education is integral to the right to childhood. [Paras 171, 173,
176-178, 184, 188, 191, 197]

Prohibition of Child Marriage Act, 2006 – Scheme of the Act –
ss.3-7, 9-12, 15, 13, 14, 16 – Protection of women married
as girls, children born in child marriages – Maintenance
and residence of the female contracting party; custody and
maintenance of children of a child marriage – Solemnization of
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child marriages – Punishment – Preventive measures against
child marriages, deterrence and prevention – Injunctions
against child marriages – Elucidated – Appointment of Child
Marriage Prohibition Officers (CMPOs), appointment of
exclusive CMPOs in each district directed.
Prohibition of Child Marriage Act, 2006 – s.9 – Punishment for
male adult marrying a child – Penalizing the groom based on
higher agency he possesses in the marriage as against the girl:
Held: Under s.9, the Court is empowered to penalise an accused
with imprisonment or a fine or both – Punishment can be imposed
based on the gravity of the offence, the circumstance of the marriage
and the socio-economic power of the male over his child bride –
Further, despite the age of majority for a man to enter into a marriage
being twenty-one under s.2(a), his criminal liability for entering into
a child marriage with a minor woman begins at eighteen – Under
s.9, a woman, regardless of her age is not liable for entering into
a child marriage and a man above the age of eighteen but under
the age of twenty one is liable for marrying a girl who is under the
age of eighteen – The legislative intent behind making a groom
liable for entering into child marriage is to recognise the relative
control of the agency that a groom has in relation to his marriage
as opposed to a girl. [Paras 52, 55]

Prohibition of Child Marriage Act 2006 – ss.10, 11 – Scope –
Punishment for solemnising a child marriage – Punishment
for promoting or permitting solemnisation of child marriages:
Held: The Act punishes three classes of persons – An adult groom
in a child marriage (s.9); persons involved in the solemnization
of child marriage (s.10) and; persons promoting or permitting the
solemnization of child marriage (s.11) – s.10 is expansive and
governs any accomplice to the commission of child marriage
including the priest who performs the marriage, any family member,
relative or person at whose direction the marriage takes place
or anyone who abets it – Further, under s.11 any person having
charge of the child, who promotes or permits a child marriage or
fails to prevent it is liable to rigorous imprisonment which may
extend to two years and a fine – The person liable under s.11 may
be the parents of the child or a guardian or any other person or
organisation – The means by which a person may have the charge
of the child is immaterial as the provision stipulates that the charge
may be ‘lawful or unlawful’ – Thus, the section penalises any person
or organisation involved in a child marriage – Its expansive scope
[2024] 10 S.C.R. 1517

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

allows prosecution of any person who may have unlawfully taken
the custody of a child and thereafter promoted, permitted or failed
to prevent the child marriage – s.11 also deals with organisations,
such as orphanages or schools or hostels, which may have the
charge of a child and under whose watch the child is married off.
[Para 52, 58, 60]

Prohibition of Child Marriage Act 2006 – s.11 – Intention –
Explained.
Prohibition of Child Marriage Act 2006 – s.12 – Child marriage
when void ab initio – Stated.
Prohibition of Child Marriage Act, 2006 – s.11(2) – Presumption
of negligence – Nature of presumption:
Held: s.11(2) raises a presumption – Any person in charge of a
child who was married off, is presumed to have negligently failed
to prevent the child marriage – The presumption is however,
rebuttable and may be rebutted by proving that the person could
not have prevented the marriage or failed at preventing it, despite
their best efforts – This principle is only applicable to an offence
u/s.11. [Para 62]

Child marriage – Laws governing child rights – Protective
legislations such as Protection of Children from Sexual
Offences Act, 2012 – Juvenile Justice (Care and Protection of
Children) Act, 2015 – ss.2(14), 27, 106, 107 – Commissions for
Protection of Child Rights Act 2005 – ss.2(b), 13, 24 – Legal
Services Authorities Act 1987 – s.12 – Protective framework
of the Acts:
Held: 1. The principles of the POCSO Act are directly threatened
by the commission of child marriage. The intent of the POCSO Act
is to protect children from sexual advances. Child marriage on the
other hand is an institution which puts minor girls directly in harm’s
way. Under the POCSO Act, a man is liable to punishment for
having sex with his minor wife. Nevertheless, the existence of child
marriage and its continued recognition in the law as a valid (and
voidable) marriage threatens the dignity of children. The institution
of child marriage, more directly than any other institution, stipulates
for the sexual abuse of child brides by design. [Para 81]
2.1 The Juvenile Justice (Care and Protection of Children) Act
provides a comprehensive framework to deal with children in need
of care and protection (CNCP). Section 27 of the JJ Act establishes
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the Child Welfare Committee (CWC) to inter alia handle and
resolve complaints in relation to children who are in need of care.
The CWC's role is to ensure the children's basic needs are met
and that they are protected, treated, developed, and rehabilitated.
Therefore, children who are married off are required to be produced
before the CWC so that they may be rehabilitated and taken care
of. As a beneficial social legislation aimed at children, the society
and units constituted under the JJ Act are required to proactively
identify remedies and strategies for the rehabilitation and protection
of victims of child marriages. [Para 85]
2.2 Children who are at risk of marriage at the hands of their
family or relatives are expressly recognised as CNCP under
the Act. The JJ Act further prescribes for their protection,
rehabilitation and development. While victims of child marriage
are protected under the JJ Act, it further strengthens the effort
to eliminate child marriages by creating a trained and skilled
force of police officers to deal with children. The Special Juvenile
Police Units (SJPUs) are marked by their unique ability to inject
humanity in law enforcement. The task of law enforcement
officers, the police in particular, has traditionally been associated
by the State’s ability to compel compliance to its norms. The formation
of SJPUs reflects a refreshing outlook toward police work, one
which is imperative in liberal democracies’ treatment of vulnerable
groups. Law with a touch of humanity and law enforcement with
a boost of sensitivity and empathy are the cornerstone of the law
on children. [Para 88]
3.1 The effective implementation of the Prohibition of Child Marriage
Act, 2006 (PCMA) also falls within the subject matter of the
National Commission for the protection of Child Rights (NCPCR)
and State Commissions for the protection of Child Rights (SCPCR)
established under Commissions for Protection of Child Rights Act
2005. [Para 92]
3.2 The Ministry of Women and Child Development (MWCD) and
the NCPCR have been actively engaged in raising awareness about
the negative consequences of child marriage and strengthening
the enforcement of the PCMA. In recent years, the NCPCR has
conducted multiple review meetings and collaborated with a broad
spectrum of stakeholders, including District Magistrates, CMPOs,
Child Development Project Officers (CDPOs), Child Welfare
Committee (CWCs), and Anganwadi Workers. These initiatives
have aimed to create a coordinated approach to tackling child
marriage at the grassroots level. [Para 93]
[2024] 10 S.C.R. 1519

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

3.3 The NCPCR has also concentrated on identifying children at
risk by compiling school-wise data on those who have dropped out
or exhibit irregular attendance. In 2023-2024, the NCPCR identified
645,673 children across India who were either out of school or at
risk of early marriage. The Commission directed district authorities
to pinpoint vulnerable children from this list, prevent their marriages,
and ensure proper rehabilitation for those affected. While these
awareness campaigns and data-driven interventions have been
vital, it is evident that awareness alone is not enough to prevent
child marriages effectively. Enforcement of laws, community
engagement, and support systems for vulnerable children are equally
crucial. [Para 94]
4. Section 12(c) of the Legal Services Authorities Act 1987 stipulates
that any child who has to file or defend a case is entitled to legal
services. The Legal Services Authorities are therefore under an
obligation under the Act to assist minors who file cases under
the PCMA to exercise their statutory rights. The National Legal
Services Authority, State Legal Services Authority, District Legal
Services Authorities, Taluk Legal Services Committees, High Court
Legal Services Committees, and Supreme Court Legal Services
Committee have formulated various schemes to be followed while
they deal with legal services to children. [Para 96]

Child Marriage – Schemes, Policies formulated by the Union
Government also, to empower young girls and women –
Discussed – Lack in implementation of targeted measures
solely for prevention of child marriage – Direction issued for
introducing special scheme focusing on skill development,
vocational training and economic stability for women and
girls who leave child marriages – Various preventive training,
education, financial support, community-based initiatives and
other initiatives by States and UTs – Stated – Impact analysis
of State schemes.
Child marriages – Child Rights Law – International law – Universal
framework on Child Rights – International Conventions, Political
Conventions; Regional Conventions – Universal Declaration
of Human Rights; Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery of 1956; International Covenant on Civil and
Political Rights; Convention on the Elimination of All Forms
of Discrimination against Women; Convention on the Rights
of the Child – Framework developed in the African Union, the
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European Union and the SAARC – Elucidated – Rights-based
framework against child marriages: Right to free choice and
autonomy – Right to free and informed consent, Right against
gender-based violence; Right to education – Right to primary
education, Right to be informed, Right to sex education; Right
to development of children – Stated.
Child marriages – Indian jurisprudence – Constitution of India –
Article 51 – India’s obligation as regards international treaties,
conventions and norms – Discussed.
Child marriage – Age of marriage, age of consent – History
traced – Effects, socio-economic determinants of child
marriage – Explained.
Child Marriage Restraint Act, 1929 – Salient features –
Discussed.

Case Law Cited
Union of India v. VR Tripathi [2018] 13 SCR 281 : (2019) 14 SCC
646; Hardev Singh v. Harpreet Kaur [2019] 14 SCR 120 : (2020)
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404 : 1997 AIR 3011; Vellore Citizens Welfare Forum v. Union of
India [1996] Supp. 5 SCR 241 : (1996) INSC 952; Apparel Export
Promotion Council v. AK Chopra [1999] 1 SCR 117 : (1999) 1 SCC
759; Prem Shankar Shukla v. Delhi Admn. [1980] 3 SCR 855 :
(1980) 3 SCC 526; Mackinnon Mackenzie and Co. Ltd. v. Audrey
D’ Costa [1987] 2 SCR 659 : (1987) 2 SCC 469; Sheela Barse v.
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of India [2021] 13 SCR 823, Navtej Singh Johar v. Union of India
[2018] 7 SCR 379 : (2018) 10 SCC 1; Joseph Shine v. Union of
India [2018] 11 SCR 765 : (2019) 3 SCC 39; X v. Principal Secretary
[2022] 12 SCR 246 : (2023) 9 SCC 433; National Legal Services
Authority v. Union of India [2014] 5 SCR 119 : (2014) 5 SCC 438;
KS Puttaswamy (Privacy-9J) v. Union of India [2017] 10 SCR 569 :
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12 SCR 991 : (2008) 3 SCC 1, Pt. Parmanand Katara v. Union
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[2024] 10 S.C.R. 1521

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

[2017] 13 SCR 821 : (2017) 10 SCC 800; Sheela Barse II v. Union
of India [1983] 2 SCR 337 : 1983 AIR 378; Unni Krishnan JP v.
State of Andhra Pradesh [1993] 1 SCR 594 : (1993) 1 SCC 645;
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[2012] 2 SCR 715 : (2012) 6 SCC 1; Avinash Mehrotra v. Union
of India [2009] 5 SCR 913; Bachpan Bachao Andolan v. Union
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Yogi Vedic Vishwavidyalaya v. State of M.P. [2013] 13 SCR 464 :
(2013) 15 SCC 677; Sampurna Behura v. Union of India [2018] 2
SCR 940 : (2018) 4 SCC 433; Just Rights for Children Alliance v.
S Harish [2024] 10 SCR 154 : 2024 INSC 716; Shafin Jahan v.
Ashokan KM [2018] 4 SCR 955 : (2018) 10 SCC 1 – referred to.
Prosecutor v. Dominic Ongwen No. ICC-02/04-01/15 A A2 (Ongwen
Trial Judgment); National Coalition for Gay and Lesbian Equality
v. Minister of Justice 1999 (1) SA 6, CC (South Africa); Artavia
Murillo ET AL v. Costa Rica Inter-Am. Ct. H.R. (Ser. C) No. 257
(American Court of Human Rights); A.R. and L.R. v. Switzerland,
application no. 22338/15 (EtCHR); Association pour le progrès
et la défense des droits des femmes Maliennes (APDF) and the
Institute for Human Rights and Development in Africa (IHRDA) v.
Republic of Mali, App. No. 046/2016, Judgment, African Court
on Human and Peoples’ Rights [Afr. Ct. H.P.R.] (May 11, 2018);
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Rights: A Commentary, ed. Aide Eide et al. (Oxford: Scandinavian
University Press, 1992), 243, The European Convention on Human
Rights, 1950, UNICEF (2023). A Profile of Child Marriage in South
Asia; UN (2022). United Nations Department of Economic and
Social Affairs, Population Division, World Population Prospects,
The Convention on Regional Arrangements for the Promotion
of Child Welfare in South Asia, 2002, Council of Europe (2014).
The Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence, UN Population
Fund (1995). Report of the International Conference on Population
and Development, Cairo, 5-13 September 1994, A/CONF.171/13/
Rev.1, UNESCO (2018). International technical guidance on
sexuality education: an evidence-informed approach, Nico
Schrijver, Development without Destruction: The UN and Global
Resource Management (Bloomington, Indiana University Press,
2010) P.221, Rangita De Silva De-Alwis, Child Marriage and
the Law – Legislative Reform Initiative Paper Series (New York:
Division of Policy and Planning, UNICEF, 2007 para 28, Douglas,
‘The Significance of International Law’, 89-90, Joint general
recommendation No. 31 of the Committee on the Elimination
of Discrimination against Women /General comment No. 18 of
the Committee on the Rights of the Child on harmful practices”,
UN DocCEDAW/C/GC/31-CRC/C/GC18 (2014), para 20, The
Rome Statute Article 7(1), UN Committee on the Elimination of
Discrimination Against Women, CEDAW General Recommendation
No. 21: Equality in Marriage and Family Relations 1994, para
16, CEDAW General Recommendation No. 19: Violence against
Women, Adopted at the Eleventh Session of the Committee
on the Elimination of Discrimination against Women (1992),
1524 [2024] 10 S.C.R.

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Document A/47/38 [Para 11], UN General Assembly, Declaration
on the Elimination of Violence against Women, A/RES/48/104, UN
General Assembly (20 December 1991), International Covenant
on Civil and Political Rights 1966, The Universal Declaration
of Human Rights, G.A. Res. 217, U.N. Doc. A/810 (1948), UN
General Assembly (1966). International Covenant on Civil and
Political Rights, United Nations, Treaty Series, vol. 999, p. 171,
OHCHR (2013). Realising the Right to Development: Essays in
Commemoration of 25 Years of the United Nations Declaration
on the Right to Development, UN General Assembly (1966).
International Covenant on Economic, Social and Cultural Rights,
United Nations, Treaty Series, vol. 993, p. 3, NCPCR (2017). A
Statistical Analysis of Child Marriage in India, Based on Census,
2011. Young Lives and National Commission for Protection of
Child Rights, The African Charter on the Rights and Welfare of
the Child (1990). OAU Doc. CAB/LEG/24.9/49, IPAS, African
Alliance for Women’s Reproductive Health Rights – A Handbook
for Advocacy in the African Human Rights System (Chapel Hill:
IPAS, 2006), 29, Maputo Protocol – referred to.

List of Websites
https://www.unicef.org/protection/child-marriage, https://www.unicef.
org/press-releases/115-million-boys-and-men-around-world-married-
children-unicef, https://data.unicef.org/resources/child-marriage-
latest-trends-and-future-prospects/, https://www.india.gov.in/rajiv-
gandhi-scheme-empowerment-adolescent-girls-sabla, https://www.
myscheme.gov.in/schemes/bbbp, https://dwcd.karnataka.gov.in/
info-4/Details+of+Government+orders+and+guidelines+for+major+
schemes+and+programs+of+the+Department/en, https://www.echr.
coe.int/european-convention-on-human-rights – referred to.

List of Acts
Prohibition of Child Marriage Act, 2006; Constitution of India 1950;
Child Marriage Restraint Act 1929; Age of Consent Act 1891;
Juvenile Justice (Care and Protection of Children) Act, 2015;
Protection of Children from Sexual Offences Act 2012; Commissions
for Protection of Child Rights Act 2005; Legal Services Authorities
Act 1987; Domestic Violence Act 2005; Penal Code 1860; Bharatiya
Nagarik Suraksha Sanhita, 2023; Bharatiya Nyaya Sanhita 2023;
Hindu Widows’ Remarriage Act 1856; Child Marriage Restraint
(Second Amendment) Act 1938.
[2024] 10 S.C.R. 1525

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

List of Keywords
Child marriage; Guidelines for prevention, elimination of child
marriage; Constitutional guarantees against Child marriage;
Forced marriages; Child Marriage Prohibition Officers (CMPO);
Child brides; Male adult; Groom; Patriarchy; Maternal morbidity;
Adolescent fertility; Girl child; Virginity; Chastity; Early childbirth;
Teenage pregnancy; Pregnancy complications; Age of consent;
Age of marriage; Maintenance and residence to the female
contracting party; Voidable; Void; Child law; Child betrothals;
Welfare and beneficial interest of the child; Ministry of Women and
Child Development; Penalties; Presumption; Offences cognizable
and non-bailable; Minor woman; Accomplice to the commission of
child marriage; Custodians or parents; Injunctions against child
marriage; POCSO Act; JJ Act; Child Welfare Committee; Beneficial
social legislation; National Commission for the protection of Child
Rights (NCPCR) and State Commissions for the protection of
Child Rights (SCPCR); Legal Services Authorities; National Legal
Services Authority, State Legal Services Authority, District Legal
Services Authorities, Taluk Legal Services Committees, High Court
Legal Services Committees and Supreme Court Legal Services
Committee; State Schemes; Training schemes; Awareness
programs; Financial incentives; International human rights norms;
Universal Declaration of Human Rights (UDHR); International
Conventions; Regional Conventions; Political conventions;
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW); Convention on the Rights of the Child
(CRC); African Union; European Union; SAARC; Right to free
choice and autonomy; Right to free and informed consent; Right
against gender-based violence; Right to education; Right to primary
education; Right to be informed; Right to sex education; Right to
development of children; International treaties; Domestic laws;
International human rights standards; Right to self-determination:
choice, autonomy and sexuality of children; Right to health; Right
to childhood: education and development; Community Involvement;
Awareness Campaigns; Training/Capacity Building; Educational
and Social Support; Social Welfare Programs; Standard Operating
Procedures.
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Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 1234 of 2017
(Under Article 32 of the Constitution of India)

Appearances for Parties
Ms. Mugdha, Kamran Khawja, Satya Mitra, Advs. for the Petitioners.
Tushar Mehta, Solicitor General, Ms. Aishwarya Bhati, A.S.G.,
Gurmeet Singh Makker, Ms. Snidha Mehra, Ms. Swarupama
Chaturvedi, Rajat Nair, Pratyush Shrivastava, Sandeep Kumar
Mahapatra, Amrish Kumar Sharma, Manish Kumar, Abhimanyu
Tewari, Ms. Eliza Barr, Ms. Deepanwita Priyanka, Prashant
Bhagwati, Avijit Mani Tripathi, Anando Mukherjee, Shwetank
Singh, Ms. Akshata Chhabra, Som Raj Choudhury, Ms. Shrutee
Aradhana, Prashant Kumar, Anand Shankar, Raghvendra Kumar,
Anand Kumar Dubey, Jainendra Kumar, Aravindh S., Advs. for the
Respondents.

Judgment / Order of the Supreme Court
Judgment

Dr Dhananjaya Y Chandrachud, CJI

Table of Contents*
I. Background ....................................................................... 6
II. Procedural history and submissions ............................... 9
III. A vicious cycle: socio-economic determinants and
effects of child marriage .................................................. 14
IV. A national reckoning: child marriage in India ................ 18
A. The age of consent ..................................................... 18
i. Rukhmabai’s case .................................................. 20
ii. Phulmoni Dasi’s case ............................................. 24
B. Regulating the age of marriage .................................. 25
C. The Child Marriage Restraint Act 1929 ...................... 27
V. Contemporary legal framework ....................................... 31
A. The Prohibition of Child Marriage Act 2006 ............ 31

* Ed. Note: Pagination as per the original Judgment.
[2024] 10 S.C.R. 1527

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

i. Recourse to the wedded: maintenance, residence
and custody .......................................................... 34
ii. Penalties for child marriage .................................. 38
iii. Preventive measures under the PCMA ................ 45
Injunctions against child marriage ................................ 45
Child Marriage Prohibition Officers ............................... 49
B. The Protection of Children from Sexual Offences
Act 2012 ....................................................................... 53
C. The Juvenile Justice (Care and Protection of
Children) Act 2015 ...................................................... 55
D. The Commissions for Protection of Child Rights
Act 2005 ...................................................................... 59
E. The Legal Services Authorities Act 1987 ................. 61
F. Policies formulated by the Union Government ...... 62
G. States’ efforts to curb child marriage ........................ 65
i. Training schemes ................................................. 65
ii. Awareness programs ............................................ 66
iii. Financial incentives ............................................... 68
iv. Other initiatives ...................................................... 69
v. Impact analysis of State schemes .......................... 70
VI. Traversing frontiers: international human rights
norms .................................................................................... 72
A. Universal framework ................................................. 73
i. Universal Declaration of Human Rights ............... 73
ii. Recognition in political conventions ...................... 74
iii. Targeted focus: the Convention on the Elimination
of All Forms of Discrimination against Women and
the Convention on the Rights of the Child. .......... 75
B. Regional framework .................................................. 77
i. African Union ......................................................... 78
ii. European Union .................................................... 80
iii. SAARC .................................................................. 83
C. Rights based framework ........................................... 84
i. Right to free choice and autonomy .......................... 86
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a. Right to free and informed consent ................. 87
b. Right against gender-based violence ............. 89
ii. Right to education ................................................. 91
a. Right to primary education ............................... 91
b. Right to be informed ....................................... 92
c. Right to sex education .................................... 93
iii. Right to development of children ............................ 94
VII. India’s obligation ............................................................... 96
VIII. Constitutional guarantees against child marriage ......... 98
A. Right to self-determination: choice, autonomy and
sexuality of children .................................................. 100
B. Right to health ............................................................ 105
C. Right to childhood: education and development ....... 107
D. Reiterating the States’ obligations towards
combatting child marriage ......................................... 112
IX. Way forward ................................................................... 116
A. Legal Enforcement ................................................. 118
B. Judicial Measures .................................................. 122
C. Community Involvement ....................................... 124
D. Awareness Campaigns .......................................... 125
E. Training/Capacity Building .................................... 128
F. Educational and Social Support .............................. 131
G. Monitoring and Accountability ............................... 133
H. Technology-Driven Initiatives for Reporting Child
Marriage ........................................................ 135
I. Funding and Resources ........................................ 136
X. Suggestions .................................................................. 138
XI. Conclusion .................................................................... 140

“Sir, I am one of those unfortunate Hindu women, whose hard lot
it is to suffer the unnameable miseries entailed by the custom of
early marriage. This wicked practice has destroyed the happiness of
my life. It comes between me and that thing which I prize above all
others—study and mental cultivation. Without the least fault of mine
[2024] 10 S.C.R. 1529

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

I am doomed to seclusion; every aspiration of mine to rise above
my ignorant sisters is looked upon with suspicion, and is interpreted
in the most uncharitable manner.” 1
~ Rukhmabai
I. Background
1. The Petitioner has approached this court under Article 32 of the
Constitution to raise an issue which has been debated in our nation
for over one and a half centuries. The Petitioner is an NGO that has
worked extensively against child marriage. The Petitioner’s primary
grievance is that despite the enactment of the Prohibition of Child
Marriage Act 20062, the rate of child marriages in India is alarming.
The Petitioner seeks to address the failure of authorities to prevent
child marriages. The Petitioner has sought stronger enforcement
mechanisms, awareness programs, the appointment of Child Marriage
Prohibition Officers, and comprehensive support systems for child
brides – including education, healthcare, and compensation, to
ensure the protection and welfare of vulnerable minors. Accordingly,
the Petitioner prays for the issuance of effective guidelines.
2. Child marriage is a social evil, and its commission is a criminal offence.
Despite the near-universal agreement on the ills of child marriage,
its commission and prevalence have been sobering. Child marriage
is the phenomenon of children being married before they attain the
minimum legal age under the law. Globally, children continue – despite
legal norms to the contrary – to be married before they reach the
age of eighteen years. Patriarchy, gender inequality, poverty and
lack of education and employment lead to child marriage.3 The UN
Convention on the Rights of the Child regards child marriage as a
violation of human rights4. While both sexes are inflicted with the
violence of child marriages, the prevalence of child marriage globally
among boys is one-sixth that of girls.5

1 Extracted from a letter written by Rukhmabai to the Times of India on 26 June 1885.
2 ‘PCMA’
3 UNICEF (2023). Child Marriage. https://www.unicef.org/protection/child-marriage; Anita Raj (2010).
When the mother is a child: the impact of child marriage on the health and human rights of girls. Archives
of Disease in Childhood, 95(11), 931. BJM Journals.
4 United Nations (1989). Convention on the Rights of the Child.
5 UNICEF (2019). 115 Million Boys and Men Around the World Married as Children. https://www.unicef.
org/press-releases/115-million-boys-and-men-around-world-married-children-unicef.
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3. Elimination of child, early and forced marriages has been committed
to by one hundred and ninety-three nations, including India under
target 5.36 of the Sustainable Development Goals7. Section 28 of
PCMA defines child marriage as a marriage to which either of the
contracting parties is a child. Girls below the age of eighteen and
boys below the age of twenty-one are deemed to be children under
the PCMA.9
4. The 2019-2021 National Family Health Survey-510 pits child marriage
at 23.3% of girls11 under the age of eighteen and 17.7% of boys12
under the age of twenty-one. The data is based on a survey of
women aged 20-24 and men aged 25-29.This is a reduction from
the 2015-2016 NFHS-4 which showed that 26.8% of girls and 20.3%
of boys marry under the legal age of marriage. Child marriage has
been on a steady decline in India. The prevalence of child marriages
in India has halved since the enactment of the PCMA in 2006 from
47% to 27% in 2015-16 and 23.3% in 2019-2021.13 The decline in
child marriage in India is in line with the global trend. In the past
decade, the proportion of girls married as children has dropped
by 15%.14 Despite these enormous strides globally and in India,
no region in the world is on track to attain the SDG-5 target.15 It is
estimated that the progress in reducing child marriage would need
to be twelve times faster than the rate observed in the past decade
to achieve the SDG-5 target.16

6 United Nations (2015). Transforming our world: The 2030 Agenda for Sustainable Development.
7 ‘SDG’
8 “2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “child” means a person who, if a male, has not completed twenty-one years of age, and if a female,
has not completed eighteen years of age;
(b) “child marriage” means a marriage to which either of the contracting parties is a child;
(c) “contracting party”, in relation to a marriage, means either of the parties whose marriage is or is about
to be thereby solemnised; …”
9 Section 2(a), PCMA.
10 ‘NFHS-5’
11 Data based on the survey of women ages 20-24, NFHS-5.
12 Data based on the survey of men ages 25-29, NFHS-5.
13 NFHS-3, NFHS-4, NFHS-5.
14 UNICEF (2018). Child Marriage: Latest trends and future prospects. https://data.unicef.org/resources/
child-marriage-latest-trends-and-future-prospects/.
15 Ibid.
16 Pintu Paul (2020). Child Marriage Among Girls in India: Prevalence, Trends and Socio-Economic
Correlates. Indian Journal of Human Development, 14(2), 304. Sage Journals.
[2024] 10 S.C.R. 1531

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

5. The term child marriage is an oxymoron. A child implies a person
whose capacity to make legal decisions is not fully developed. On
the other hand, marriage is an institution with legal standing. The law
seeks to govern the legitimacy of sexual activity and marriage is the
institution in which it is legitimised. Marriage dictates the framework
rules of permissible and impermissible social behaviours. However, a
child is incapable of understanding the broad and serious obligations
expected from members of a marital union. Child marriage often
deprives children of intellectual, social and psychological development
and carries life-threatening risks. It therefore comes as a great
tragedy that the term child marriage is normalised to a point where
this blatant paradox is lost on most people.

II. Procedural history and submissions
6. This Court issued notice to the Union of India on 13 April 2018. On
13 April 2023, this Court further directed the Ministry of Women and
Child Development to file a status report elucidating the following:
(i) The data collected from various States bearing on the nature
and extent of child marriages;
(ii) Steps taken to implement the provisions of the PCMA; and
(iii) The policies formulated by the Union government to effectuate
the purpose.
The Court also directed the Union to consult the States on the
appointment of Child Marriage Prohibition Officers17 under Section 1618

17 ‘CMPO’
18 “16. Child Marriage Prohibition Officers
(1) The State Government shall, by notification in the Official Gazette, appoint for the whole State, or
such part thereof as may be specified in that notification, an officer or officers to be known as the Child
Marriage Prohibition Officer having jurisdiction over the area or areas specified in the notification.
(2) The State Government may also request a respectable member of the locality with a record of social
service or an officer of the Gram Panchayat or Municipality or an officer of the Government or any public
sector undertaking or an office bearer of any non-governmental organisation to assist the Child Marriage
Prohibition Officer and such member, officer or office bearer, as the case may be, shall be bound to act
accordingly.
(3) It shall be the duty of the Child Marriage Prohibition Officer
(a) to prevent solemnisation of child marriages by taking such action as he may deem fit;
(b) to collect evidence for the effective prosecution of persons contravening the provisions of this Act;
(c) to advise either individual cases or counsel the residents of the locality generally not to indulge in
promoting, helping, aiding or allowing the solemnisation of child marriages;
(d) to create awareness of the evil which results from child marriages;
(e) to sensitise the community on the issue of child marriages;
(f) to furnish such periodical returns and statistics as the State Government may direct; and
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of the PCMA and submit a comprehensive affidavit on whether the
officers appointed as CMPOs are given other multifarious duties.
7. The Ministry of Women and Child Development has submitted that it
has successfully collected data from all States and Union Territories
except Arunachal Pradesh, Goa, Manipur, Odisha, Sikkim, Jammu
& Kashmir and Lakshadweep. The data placed on record by the
Ministry reflects that many child marriages are prevented before their
solemnization. The remaining cases are investigated and prosecuted
under the law. We shall analyse the data submitted by the Ministry
of Women and Child Development in the course of this judgment.
8. On 10 July 2024, this Court heard Ms Mugdha, learned counsel
appearing on behalf of the Petitioner as well as Ms Aishwarya
Bhati, learned Additional Solicitor General appearing on behalf of
the Union of India. While reserving the judgment this Court granted
liberty to the Petitioner and the Union to make their submissions in
the form of a note including suggestions on ways for the effective
enforcement of PCMA.
9. The Petitioner has submitted that:
(i) Data from NFHS-4 and NFHS-5 reflects that high rate of child
marriages have been solemnised. The Petitioner submits that
this can be gathered from the rate of adolescent pregnancies
in multiple States;
(ii) Under Section 16 of PCMA, CMPOs are empowered to
prevent child marriages. However, findings from HAQ - Centre
for Child Rights19 show that CMPOs are often tasked with
multiple responsibilities, limiting their capacity to focus on child
marriage prevention. Many States designate officials holding
other substantial roles, such as Child Development Project

(g) to discharge such other functions and duties as may be assigned to him by the State Government.
(3) The State Government may, by notification in the Official Gazette, subject to such conditions and
limitations, invest the Child Marriage Prohibition Officer with such powers of a police officer as may be
specified in the notification and the Child Marriage Prohibition Officer shall exercise such powers subject
to such conditions and limitations, as may be specified in the notification.
(4) The Child Marriage Prohibition Officer shall have the power to move the Court for an order under
sections 4, 5 and 13 and along with the child under section 3.”
19 HAQ Centre for Child Rights (n.d.). Child Marriage in India: Achievements, Gaps and Challenges,
Response to Questions for OHCHR Report on Preventing Child, Early and Forced Marriages for Twenty-
sixth Session of the Human Rights Council.
[2024] 10 S.C.R. 1533

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

Officers20 or District Welfare Officers as the CMPO. This leads
to CMPOs prioritising their duties in the discharge of other
roles – defeating the purpose of appointing CMPOs - as they
would not have the time, monetary and human resources to
carry out the responsibilities enumerated in the Act. For instance,
Section 3(1) of the Mizoram Gazette mandates that the District
Social Welfare Officer or, in their absence, the CDPO acts as
the CMPO;
(iii) Responses to various requests under the Right to Information
Act 200521 by all States and UTs reveal significant disparities in
the appointment and functionality of CMPOs. Of the 36 States
and UTs, only 23 responded, and only 14 provided substantive
data. Most of the responses indicated the transfer of the RTI
to other departments without concrete answers. Notably, only
Haryana and Sikkim reported having exclusively appointed
CMPOs. In contrast, other States and UTs assign these duties
to already overburdened officers, such as District Magistrates
or CDPOs, undermining the effectiveness of CMPOs;
(iv) There is a discrepancy between data from the National Crime
Records Bureau22 and information obtained from various State
departments in response to RTIs. For example, in Rajasthan,
the Department of Women and Child Development reported 573
and 567 incidents of child marriage in 2015-16 and 2016-17,
respectively, despite only 576 cases being formally recognized
by authorities in 2016-17; and
(v) Analysis of data further reveals not only a low number of child
marriage cases reported to the police compared to NFHS-4
data but also an exceptionally low conviction rate.
10. Therefore, the Petitioner prays for directives to authorities at multiple
levels to prevent and address child marriages, particularly during
mass events, ensure accountability for officials who fail in this duty,
and appointment of CMPOs with exclusive powers. They also seek
collaboration with NGOs, inclusion of child marriage awareness in

20 ‘CDPOs’
21 ‘RTI’
22 ‘NCRB’
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school curriculums, and comprehensive government support for
affected child brides.
11. The Union of India has submitted that:
(i) Child marriages persist due to societal perceptions and economic
pressures. Girls are often seen as burdens, with early marriage
viewed as an appropriate option. Additionally, investment in
a girl’s education is frequently regarded as wasteful, leading
some families to end schooling early and consider marriage
instead. Poverty and structural inequalities, including gender,
caste, and class, further drive child marriages;
(ii) The PCMA was introduced to criminalize the facilitation and
solemnization of child marriage, aiming to deter this harmful
practice. Additionally, the Beti Bachao Beti Padhao23 program
addresses gender-based issues by promoting girls’ education
and empowerment, thereby supporting delayed marriage and
promoting a culture that values girls’ rights and opportunities;
(iii) Census data from 2001 and 2011 indicates a decrease in child
marriage rates;
(iv) Data from NFHS-4 shows a reduction in the percentage of
women aged 15-19 who were mothers or pregnant, from 16% in
2005-06 to 7.9% in 2015-16. The National Commission for the
Protection of Child Rights24 has identified 70 high-risk districts
across 13 states with the highest child marriage rates, and 52
of these districts are covered under the BBBP scheme;
(v) Programs like the Mahila Shakti Kendra aim to reach rural
women and girls, enhancing awareness and equipping them with
knowledge on gender equality. The program operates District
Level Centres for Women across 640 districts to implement
initiatives that improve women’s status and address gender-
based challenges; and
(vi) States and Union Territories25 have also taken various measures
for the elimination of child marriages.

23 ‘BBBP’
24 ‘NCPCR’
25 ‘UTs’
[2024] 10 S.C.R. 1535

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

III. A vicious cycle: socio-economic determinants and effects
of child marriage
12. All child marriages are forced marriages. Many parents wish to
marry their girl child early to guard against any aspersions on the
girl’s virtue of virginity and to mitigate the economic costs associated
with raising a child, payment of dowry and conducting a wedding.
The economic factors of child marriage are borne out by studies
that reflect that child marriage in India predominantly occurs in less
educated, rural and poor families.26 Parents in such families are
informed by a survivalist and patriarchal mindset that responds to
social, cultural and religious norms and economic necessity.
13. Culturally embedded concepts of virginity and chastity are used to
control the sexuality of women by men and the family. They are not
just markers of control but are also made into identifiers of family and
community honour. By placing an overemphasis on these constructed
virtues, a false sense of protectionism is generated to safeguard
girls against their ability of self-exploration and to form meaningful
bonds on their own. Honour, purity, and decisional incapacity are
presented as the domain of womanhood and its protection is laid
in the institution of marriage. Parents marry their daughters early
to meet the prescription of a society rooted in parochial norms of
controlling a woman’s sexuality. While patriarchy promises respect
to its adherents, it only leads to the subordination of women who
are deprived of any meaningful avenue to develop their agency
and exercise their autonomy. The malleability of a girl child and her
inability to form informed opinions are looked up to as desirable
qualities. These qualities are understood to earn her favour in
the eyes of her in-laws in serving them as they see fit.27 In less
educated, rural and poor setups, members of the community lack
effective opportunities and life chances. Investing in the education
and development of a girl is seen as unworthy and unrealistic.
The lack of alternative means for education, employment and skill
development for women also incentivises parents to give their
daughters away in child marriage.

26 Sanjay Kumar (2020). Trends, Differentials and Determinants of Child Marriage in India: Evidence from
Large-scale Surveys. Economic & Political Weekly, 55(6), 57.
27 See RC Roy (1888). Child Marriage in India. The North America Review 147(383) 415-423. University of
Iowa.
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14. Parents also believe that their daughters would be saved from
pregnancy out of wedlock and be guarded against unsolicited
advances by men if she were to be married early. Many marry their
daughters off but delay the consummation of marriage till the age
of puberty. A gauna ceremony is performed to mark the growing up
of the daughter and her departure from the parental home to the
marital home upon getting menses. The delay in sending a child bride
to her marital home is informed only by the bodily development of
the girl and is unbothered by any other consideration, such as the
mental and educational development of the person or indeed her own
choice in the matter. The compounding of one evil to emerge out of
patriarchy with another solution rooted in patriarchy has the effect of
culturally stunting society and depriving children, girls in particular,
of any avenue to exit from the cycle of generational oppression.
15. Notably, the very causes of child marriage ensure that members of the
marital union and their families are stuck in the vicious cycle of social
and economic oppression. Early marriage in girls, places a burden on
them to discharge their duty of giving offspring to the family. Sexual
activity within themarital union is unregulated and even encouraged.
A child, forced to prove her fertility, is exposed to enormous health
risks. Her body is mentally and physically unprepared for sexual
engagement which is forced upon her. Girls in child marriage report
early, frequent and unplanned pregnancies which are linked to
increased risk of maternal and infant morbidity and mortality.
16. Adolescent mothers are also likely to experience fistula, pregnancy
complications and death during childbirth.28 Women married as
children are likely to have their first child before the age of eighteen
and are likely to have had atleast three or more childbirths and a
repeat childbirth in less than twenty-four months.29 Currently, between
the ages of 15 and 19, 7% of women have begun childbearing; 5% of
women have successfully delivered, while 2% of women are pregnant
with their first child.30 The rate of teenage pregnancy is higher in

28 Anita Raj, Niranjan Saggurti, Donta Balaiah, Jay G Silverman (2009). Prevalence of child marriage
and its effect on fertility and fertility-control outcomes of young women in India: a cross-sectional,
observational study. Lancet 373 1993-89.
29 Ibid.
30 NFHS-5, 116.
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rural India at 8%.31 States which have reported the highest levels of
teenage pregnancies are Tripura (22%), West Bengal (16%), Andhra
Pradesh (13%), Assam (12%), Bihar (11%) and Jharkhand (10%).32
17. These factors have a detrimental effect on maternal mortality and
morbidity. Adolescent mothers are likely to develop lifelong health
consequences from sexual encounters and childbearing. They are
also more likely to be sterilized at an early age which is indicative
of a lack of control over their choices.33 Families after bearing the
desired number of offspring, force women to undergo sterilization
to control further reproduction in the family. 34 The high rate of
sterilization found in women married as children would also lead to
more unprotected sex which leads to a risk of contracting sexually
transmitted diseases.
18. Lack of healthcare access in rural areas and for poor families
may lead to further health complications and unsafe medical
procedures including unsafe abortions.35 Further, women married as
children are deprived of educational and employment opportunities
thereby effacing them from public life. Education has an inversely
proportional effect on child marriage. 87% of married adolescent
girls did not attend school.36 In India, women having twelve or more
years of schooling tend to marry much later than other women.
The median age at first marriage for women between the age
of 25-49 increases from 17.1 years for women with no schooling
to 22.8 years for women with twelve or more years of schooling.37
This is in line with studies conducted at a global level which reflect
that child marriages are 66% lower among girls who complete
secondary education and 80% lower among those who pursue
higher education.38

31 Ibid.
32 NFHS-5, 117.
33 Anita Raj (2010). When the mother is a child: the impact of child marriage on the health and human rights
of girls. Archives of Disease in Childhood, 95(11), 931. BJM Journals.
34 Ibid.
35 Ibid.
36 Government of India (2011). Census of India 2011.
37 NFHS-5, 208.
38 UNICEF (2019). Evidence Review: Child Marriage interventions and research from 2020 to 2022.
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IV. A national reckoning: child marriage in India

A. The age of consent
19. The trajectory of child marriage in India is stubborn and persistent.
It has travelled centuries, and its opposition seems to have only
incremental successes each time. Still widely prevalent,39 the first
movement against child marriage in modern India began in the
latter part of the nineteenth century. Social reformers were trying to
build public opinion against child marriage. Two concerns primarily
animated the call against child marriages by early reformers. The
first was the high number of early widows.40 Because the rate of
mortality was low, many girls found themselves in widowhood in the
early years of their lives. The second reason behind seeking child
marriage reform was to protect young wives against forcible sexual
intercourse, often by their husbands who were significantly older.41
20. Reformers like Ishwar Chandra Vidyasagar had successfully
advocated for widow remarriage which was hitherto believed to be
impermissible under Hindu law. These efforts led to the enactment
of the Hindu Widows’ Remarriage Act 1856. However, the demands
against child marriages were not immediately realised. Child marriage,
an aversion to widow remarriage and the low mortality rate combined
and morphed into a lethal destructive element in the Indian society.42
21. To address the devastation caused, in particular to women and girls,
social reformers called for raising the minimum age of consent for
women in penal rape statutes. The idea behind the demand for raising
the age of consent was to avoid the bodily harm inflicted on girls
by their often-elderly husbands. A person below the age of consent
could not legally consent to any sexual activity thereby throwing any
sexual conduct within the confines of statutory rape. Such laws already
existed in the presidency towns of Calcutta, Madras and Bombay as

39 NFHS-5.
40 Tahir Mahmood (1980). Marriage Age in India and Abroad – A Comparative Aspect. Journal of Indian Law
Institute 22, 39.
41 Jaya Sagade. Child Marriage in India: Socio-legal and human Rights Dimensions. Oxford University
Press, 2nd ed. (2012) 37.
42 Tahir Mahmood (1980). Marriage Age in India and Abroad – A Comparative Aspect. Journal of Indian Law
Institute 22, 39.
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early as 1828.43 The laws in these presidency towns stipulated the
age of consent for girls to be eight years and the offence of rape
against a girl below the age of consent was punishable with death.44
In 1847, when the Law Commission was drafting the Indian Penal
Code it decided, for the first time, to criminalise the consummation
of marriage by a husband with his underage wife. The initial version
of the Indian Penal Code 186045 stipulated the age of consent to be
ten years and criminalised marital rape by a husband against his
wife under the age of consent.46
22. Raising the age of consent was seen as undue interference by the
colonial legislature into the personal laws of Indians.47 The movement
gained a groundswell of support because of efforts by Behramji
Malabari, a journalist from Bombay, who began publishing his ‘notes’
in his newspaper the ‘Indian Spectator’ in 1884.48 He highlighted
the consequences of ‘infant marriages’ and ‘enforced widowhoods’
by recounting anecdotal accounts of victims. His polemical style of
reporting sought to appeal to the humanity of the readers.49 Around
the same time, two cases came to the fore and exposed the evils
which come out of child marriage.

i. Rukhmabai’s case
23. In 1874, at the age of eleven, Rukhmabai was married off to Dadaji
Bhikaji, a nineteen-year-old boy who was a cousin of her step-father.
Owing to his reformist views, Rukhmabai’s stepfather did not send her
to live with Dadaji Bhikaji immediately upon attaining puberty. Under
his guidance, Rukhmabai grew fond of studying and took plenty of
advantage of the rich collection of books he had accumulated. As

43 The Joshi Committee Report, 9.
44 Ibid.
45 ‘IPC’
46 Ss. 375, 376, IPC 1860 (initial version).
47 Tahir Mahmood (1980). Marriage Age in India and Abroad – A Comparative Aspect. Journal of Indian Law
Institute 22, 39.
48 Infant Marriage and Enforced Widowhood in India, Being a Collection of Opinions For and Against,
Recorded by Mr. Behramji M. Malabari from Representative Hindu Gentlemen and Official and Other
Authorities, Bombay (1887); Charles H. Heimsath, Indian Nationalism and Hindu Social Reform,
Princeton University Press (1964), 151.
49 Charles H. Heimsath, Indian Nationalism and Hindu Social Reform, Princeton University Press (1964),
151; Geraldine Forbes, Women and Modernity: The Issue of Child Marriage in India, Women’s Studies
International Quarterly, 1979, Vol. 2, 407-419.
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Rukhmabai grew into an intelligent and forward-thinking woman,
Dadaji Bhikaji slipped into indolence. This led Rukhmabai to refuse
to live with Dadaji.50 In 1884, Dadaji instituted a suit for restitution of
conjugal rights. At the time, a decree for restitution of conjugal rights
was enforceable and its violation was punishable with imprisonment.
Rukhmabai opposed the petition on the grounds of social, economic
and personal incompatibility with Dadaji.51 She also asserted that she
had not ‘arrived at years of discretion’ at the time of her marriage
and therefore she could not be bound by it.52 Justice Pinhey of the
Bombay High Court dismissed the petition and held that Rukhmabai
was married before she could consent to such a marriage and cannot
therefore be compelled to live with her husband eleven years later
without having cohabited in all this time. He observed that:
“It is a misnomer to call this a suit for the restitution of
conjugal rights. When a married couple, after cohabitation
separate and live apart, either of them can bring a suit
against the other for the restitution of conjugal rights
according to the practice in England, and according to the
later practice of the Courts in India. But the present suit is
not of that character. The parties to the present suit went
through the religious ceremony of marriage eleven years
ago when the defendant was a child of eleven years of age.
They have never cohabited. And now that the defendant
is a woman of twenty-two, the plaintiff asks the Court to
compel her to go to his house, that he may complete his
contract with her by consummating the marriage, The
defendant, being now of full age, objects to going to live
with the plaintiff, objects to allowing him to consummate
the marriage, objects to ratifying and completing the
contract entered into on her behalf by her guardians while
she was yet of tender age. It seems to me that it would
be a barbarous, a cruel, a revolting thing to do to
compel a young lady under those circumstances to

50 Sudhir Chandra. Enslaved Daughters: Colonialism, Law and Women’s Rights. Oxford University Press,
2nd ed (2008), Ch. 1.
51 Jaya Sagade. Child Marriage in India: Socio-legal and human Rights Dimensions. Oxford University
Press, 2nd ed. (2012) 39.
52 Sudhir Chandra. Enslaved Daughters: Colonialism, Law and Women’s Rights. Oxford University Press,
2nd ed (2008), Ch. 1.
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go to a man whom she dislikes, in order that he may
cohabit with her against her will; and I am of opinion
that neither the law nor the practice of our Courts either
justified my malting such an order, or even justifies the
plaintiff in maintaining the present suit.”
(emphasis supplied)
24. The decision of Justice Pinhey was much ahead of its time. At a time
when child marriage was the norm and the legal standard of consent
was inapplicable to marital laws, Justice Pinhey’s judgment was a
bold declaration of the rights of Indian women to make their own life
choices. Unfortunately, the success was short-lived. The judgement
had caused an uproar in the public and Dadaji filed an appeal before
the Division Bench of the Bombay High Court. The Division Bench
set aside the judgment of Justice Pinhey and directed Rukhmabai
to join Dadaji within a month at the pain of penalty to undergo six
months’ imprisonment. The court reasoned that incompatibility was
no defence under Hindu law against a petition for restitution of
conjugal rights. Firm as she was, Rukhmabai refused to join Dadaji
and declared that she would subject herself to the maximum penalty
admissible under the law, rather than to live with her husband.
The sight of a Hindu woman being imprisoned shocked the public
conscience. Dadaji entered a compromise and did not press for the
execution of the decree for restitution of conjugal rights against an
amount of Rs 2000/-. Rukhmabai went on to study medicine in the
UK and became one of India’s earliest women doctors.
25. Rukhmabai’s defiance was uncharacteristic for her time and
threatened, not only child marriage but also the indomitable idea of
a woman’s inferiority. Her assertion of womanhood and agency in
refusing to go with a wayward husband whom she was given to in
marriage opened up new ways for women to imagine their autonomy.
Writing to the editor of the Times of India on 26 June 1885, under
the pseudo name ‘A Hindu Lady’, Rukhmabai eloquently drew the
differential plains on which the experiences of boys and girls in a
child marriage are placed. She wrote:
“The general apathy towards social improvements which
characterizes our people has been telling upon the
whole community, but tells most heavily upon the female
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sex. Hindu social customs do not entail on men half the
difficulties which they entail upon women. Excepting the
two principal difficulties resulting from infant marriage, they
enjoy full mental and physical freedom. Religion or social
custom does not, in any way, interfere with their liberty.
Marriage does not interpose any insuperable obstacle in
the course of their studies. They can marry not only a
second wife, on the death of the first, but have the right
of marrying any number of wives at one and the same
time, or any time they please. If married early, they are not
called upon to go to the house and to submit to the tender
mercies of a mother-in-law; nor is any restraint put upon
their actions because of their marriage. But the case with
women is the very reverse of this. If the girl is married at
the age of eight (as most of them are), her parents are at
liberty to send her to school till she is ten years old; but,
if they wish to continue her at school longer, they must
obtain the express permission of the girl’s mother-in-law.
But even in these advanced times, and even in Bombay—
the chief centre of civilization—how many mothers-in-law
are there who send their daughters to school after they
are ten years old!”53
26. While Rukhmabai’s case ultimately witnessed an out of court
settlement and her freedom, another case around the same time
jolted the conscience of the Indian society.

ii. Phulmoni Dasi’s case
27. In 1889, Phulmoni Dasi was married off at the age of eleven years
to a thirty-five-year-old man. At age eleven years and three months,
she was subjected to marital rape by her husband, Hari Maiti. She
succumbed to haemorrhage from a rupture of the vagina caused by
her husband.54 The Court ruled that the law of rape was inapplicable
because Phulmani had reached her tenth birthday and was married
to Hari. The coverage of the case as well as the trial cast a male

53 Extracted from a letter written by Rukhmabai to the Times of India on 26 June 1885.
54 Jaya Sagade. Child Marriage in India: Socio-legal and human Rights Dimensions. Oxford University
Press, 2nd ed. (2012) 37.
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medical gaze over the body of the deceased victim. Even after her
death, she was subjected to scrutiny to determine her true age and
growth. Questions of her immaturity and puberty were not sought
as an ornate way to bring her husband to justice but were rather
asked to defend him.
28. The gruesome case of Phulmani galvanised support for Malabari’s
campaign to raise the age of consent. Phulmani’s case silenced
the opposition among those who had opposed any legislative
intervention as a colonial interference in the private sphere and
practices.55 The death of Phulmani also cut through the lethargy of
a colonial bureaucracy which was reluctant to intervene in matters
of religion.56 The law member of the Viceroy’s Legislative Council,
Andrew Scoble, prominently used Phulmani’s case to advocate for
raising the age of consent by enacting his Bill, namely, the Age of
Consent Bill. The Bill was an amendment to the IPC and raised the
age of consent from ten years to twelve years. The Age of Consent
Act was passed in 1891. The marital rape exception had come to
the defence of Hari. Raising the age of consent by two years meant
that any sexual intercourse with a girl under the age of twelve would
be statutory rape regardless of the marital status of the aggressor
with the victim.

B. Regulating the age of marriage
29. In 1921, the League of Nations held a conference on the trafficking
of women and recommended raising the age of consent to twenty-
one years for girls. In 1922, Bakshi Sohanlal unsuccessfully tried to
raise the age of consent to 14 by introducing a Bill. Bills that sought
to raise the age of consent were introduced and thrown out regularly
for five years thereafter. Among these bills was an Age of Marriage
Bill which was sought to be introduced by Ranglal Jajodia in 1924
in the Legislative Assembly.57 The Bill prescribed a minimum age
before which no marriage could take place. This was a shift from the

55 Ratna Kapur & Brenda Cossman (1996). Subversive Sites: Feminist Engagements with Law in India.
Sage Publications 49-50; Charles H. Heimsath (1964). Indian Nationalism and Hindu Social Reform.
Princeton University Press 163-165.
56 Ishita Pande (2020). Sex, Law, and the Politics of Age Child Marriage in India, 1891–1937. Cambridge
University Press 32.
57 Joshi Committee Report, 15; Also see Tahir Mahmood (1980). Marriage Age in India and Abroad –
A Comparative Aspect. Journal of Indian Law Institute 22, 41.
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approach taken by other reformers and legislators of not interfering
with the age of marriage but to merely protect girls from forced sex
by raising the age of consent in penal laws. While this Bill was never
introduced, a similar Bill was introduced by Haribilas Sarda in 1927
after another failed attempt to raise the age of consent by Hari Singh
Gour. The ‘Sarda Bill’ was circulated widely to attract opinions. The
Select Committee altered various provisions, and the Government
eventually appointed the Age of Consent Committee under the
chairmanship of MV Joshi. The consideration of the Sarda Bill was
postponed till the report of the Joshi Committee was received.58
30. The terms of reference of the Joshi Committee did not include
the examination of the age of marriage. However, the committee
found it impossible to delink the question of marriage age with the
question of age of consent for cohabitation.59 The committee heard
over twelve hundred oral witnesses out of which one hundred and
thirty four witnesses strongly opposed any law regulating the age of
marriage. The committee submitted its report dated 20 June 1929. It
recommended that the age of consent be raised to fifteen years under
penal statutes as well as the enactment of a law which penalizes
marriage below the age of fourteen years.60 The committee was of
the opinion that it would be easier to regulate the age of marriage
by law than to regulate the consummation of marriage after it had
already taken place. The committee reasoned that marriage was an
act of public knowledge and many persons had a chance to notice
the age of the couple. Its visibility would allow for its regulation. It was
also thought that regulating marriages would avoid the irritation that
would follow from the strict regulatory interference of consummation
within a marital union.61
31. After much debate, the Sarda Bill was enacted as the Child Marriage
Restraint Act 1929 and received the assent of the Governor-General
on 1 October 1929 and was to come into force on 1 April 1930
throughout British India. The Act applied to all religions. The Act
continued to govern the law on the age of marriage till Parliament
enacted the Prohibition of Child Marriage Act 2006.

58 Joshi Committee Report, 8.
59 Ibid, 8.
60 Ibid, 196.
61 Ibid, 174, para 379.
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C. The Child Marriage Restraint Act 1929
32. The law in colonial times had cast a male gaze upon the women
and girls of India. It did so by making women the object of the
legislation but never its spectator. Women and their bodies were
made a subject of legislation without any meaningful attempt to
attract the perspectives of women, their experiences or their desires.
The law did not concern itself with issues of autonomy, agency and
individualised dignity of a woman. This had been manifested from
the days of the reform movement on the age of consent laws. As Dr
Jaya Sagade argues in her book Child Marriage in India: Socio-legal
and Human Rights Dimensions, the law on consent was nailed purely
to the physical capability of women and alien from their aspirations
or choices. She states that:
“It is unfortunate that all opinions agreed on a definition
of consent that was nailed to a purely physical capability,
entirely dissociated from free issues like choice of partner,
sexual, emotional, or mental compatibility or other social
considerations such as the girl’s personal development.
Consent was made into a biological category, a stage when
the female body was ready to accept sexual penetration
without serious harm. The only difference lay in when this
stage was reached.”62
33. The Child Marriage Restraint Act 192963 was a first to cover all
children – male and female – within its gamut. The age of consent
laws was enacted through a clause in the penal rape statutes which
only sought to legislate on girls. The CMRA on the other hand was
applicable to both boys and girls.
34. Section 2(a) of the CMRA stipulated that a “child” means a person
who, if male, is below the age of eighteen, and if female, is below
the age of fourteen. Section 2(d) defined a “minor” to be any person
below the age of eighteen. All marriages in which either of the parties
was a ‘child’ under Section 2(a) was stipulated to be a “child marriage”
under Section 2(b). The CMRA stipulated that child marriage is an
offence punishable with simple imprisonment which may extend to

62 Jaya Sagade. Child Marriage in India: Socio-legal and human Rights Dimensions. Oxford University
Press, 2nd ed. (2012) 41.
63 ‘CMRA’
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one month or a fine of one thousand rupees or both. Grooms between
the ages of eighteen and twenty-one were to be punished only with
a fine and no imprisonment could be awarded to them. The CMRA
originally did not allow for the punishment of a ‘child’ for the offence
of child marriage. The Act only penalised child marriages which had
already taken place. However, it did not stipulate any provision for
the prevention of child marriage.
35. In 1938, the CMRA was amended to stipulate that a court may issue
an injunction prohibiting a child marriage from taking place. However,
before issuing such an injunction, the court was required to give prior
notice to the person sought to be injuncted as well as an opportunity
to show cause against the issuance of the injunction.64 The CMRA
further underwent substantive amendments in 1949.
36. The amendment increased the age for a girl child to fifteen years and
increased penalties for all categories of offenders. A chart of all the
penalties under the CMRA and its amendments is produced below:

Offender Penalty under the
Original CMRA 1949 Amendment
Groom between the Fine of upto Rs 1,000/- Simple imprisonment
ages of 18-21 upto 15 days or/and a
fine upto Rs 1,000/-
Groom above the age Simple imprisonment Simple imprisonment
of 21 upto 1 month or/and fine upto 3 months and fine
upto Rs 1,000/-
One who knowingly Simple imprisonment Simple imprisonment
performs, conducts or upto 1 month or/and fine upto 3 months and fine
directs child marriage upto Rs 1,000/-
O n e w h o , b e i n g i n Simple imprisonment Simple imprisonment
charge of a minor – upto 1 month or/and fine upto 3 months and fine
promotes, permits or upto Rs 1,000/-
failed to prevent the child
marriage
One who knowingly Imprisonment of either Imprisonment of either
violates an injunction description upto three description upto three
against a child marriage months or/and fine upto months or/and fine upto
Rs 1,000/- Rs 1,000/-

64 Section 12, CMRA.
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37. None of these offences were cognizable in nature. The offences
under the CMRA were only made party cognizable through an
amendment in 1978. Accordingly, the offences under the CMRA
were to be treated as cognizable for (i) the purpose of investigation,
and (ii) for the purpose of matters other than (a) Section 42 of CrPC
and (b) the arrest of a person without a warrant or without an order
of the Magistrate. By the same amendment, Parliament also raised
the age of marriage to eighteen years for girls and twenty-one years
for boys. This time too, legislative intervention was largely animated
by a concern for population control rather than the autonomy or
agency of children. The Statement of Objects and Reasons expressly
stated the intent behind the amendment. It states as follows:
“Prefatory Note-Statement of Objects and Reasons.
The Child Marriage Restraint Act, 1929, was enacted with
a view to prevent child marriages, namely, a marriage to
which either of the contracting parties is under a specified
age. Originally, the age limit for a male was eighteen
years and for a female fourteen years. The age limit was
subsequently raised in the case of females from fourteen
to fifteen by the Amending Act 41 of 1949. Violation of the
provisions of the Act is made punishable.
2.⁠⁠ The question of increasing the minimum age of
marriage for males and females has been considered
in the present context when there is an urgent need to
check the growth of population in the country. Such
increase of the minimum age of marriage will result in
lowering the total fertility rate on account of letter span
of married life. It will also result in more responsible
parenthood and in better health of the mother and
child. A Bill introduced for this purpose in the Lok Sabha
on 25th August, 1976, lapsed with the dissolution of the
Lok on 18th January, 1977. The matter has examined in
all its aspects again.
3.⁠⁠ The Bill seeks to amend the Child Marriage Restraint
Act, 1929, to increase the minimum age of marriage from
fifteen to sixteen for females and from eighteen to twenty-
one for males and to make consequential amendments
in the Hindu Marriage Act, 1955, and the Indian Christian
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Marriage Act, 1872. It is also being provided that offences
under the Child Marriage Restraint Act may be investigated
upon by a police officer under the Code of Criminal
Procedure as if it were a cognizable offence. The police
officer shall, however, not have the power to arrest without
a warrant or an order of a Magistrate.”
(emphasis supplied)
38. The CMRA did not stipulate that child marriages would be void,
voidable or invalid. It did not affect the validity of child marriages and
did not prohibit the marriage of a girl to an old man. This remained
unchanged till Parliament repealed the CMRA and enacted the
Prohibition of Child Marriage Act 2006.

V. Contemporary legal framework

A. The Prohibition of Child Marriage Act 2006
39. The National Commission for Women65 in its annual report for
the year 1995-1996 proposed to amend the CMRA. It proposed
that (i) the government should appoint Child Marriage Prevention
Officers; (ii) punishments under CMRA be made more stringent;
(iii) child marriages be declared void; (iv) a penal obligation be
imposed on anyone attending a child marriage; and (v)all offences
under the CMRA must be made cognizable without any qualification.66
The NCW further recommended that systematic efforts to spread
awareness about the evils of child marriage be carried out.67
40. In 2001-2002, the National Human Rights Commission68 released
its annual report which inter alia reviewed the CMRA. The NHRC
proposed certain amendments to the CMRA to (i) provide for higher
penalties for violation of the CMRA; (ii) stipulate action against
organisers or associations who organise child marriages at a mass
scale; (iii) make child marriages voidable at the instance of the minor
party within two years of the party attaining the age of majority;

65 ‘NCW’
66 Annual Report 1995-1996, National Commission for Women, 3.
67 Annual Report 1995-1996, National Commission for Women, 3.
68 ‘NHRC’
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(iv) provide for the maintenance of a minor girl by her husband
or guardian till she remarries; and (v) stipulate for the return of all
dowry and gifts exchanged during the child marriage.69 The report
also stressed on the need to initiate social action by networking with
NGOs in the areas where child marriages were prevalent in order to
sensitize community leaders against such marriages.70
41. On the basis of the two reports, the Government of India consulted
the States and the Union Territories. Accordingly, the Parliament
decided to repeal the CMRA and enact the PCMA. The Statement
of Objects and Reasons of the PCMA stated the salient features of
the Act as follows:
“4. The salient features of the Bill are as follows:–
(i) To make a provision to declare child marriage as
voidable at the option of the contracting party to the
marriage, who was a child.
(ii) To provide a provision requiring the husband or, if he
is a minor at the material time, his guardian to pay
maintenance to the minor girl until her remarriage.
(iii) To make a provision for the custody and maintenance
of children born of child marriages
(iv) To provide that notwithstanding a child marriage
has been annulled by a decree of nullity under
the proposed section 3, every child born of such
marriage, whether before or after the commencement
of the proposed legislation, shall be legitimate for all
purposes.
(v) To empower the district court to add to, modify or
revoke any order relating to maintenance of the
female petitioner and her residence and custody or
maintenance of children, etc.
(vi) To make a provision for declaring the child marriage
as void in certain circumstances.

69 Annual Report 2001-2002, National Human Rights Commission, 50-51, 336-348.
70 Annual Report 2001-2002, National Human Rights Commission, 51.
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(vii) To empower the courts to issue injunctions prohibiting
solemnisation of marriages in contravention of the
provisions of the proposed legislation.
(viii) To make the offences under the proposed legislation
to be cognizable for the purposes of investigation
and for other purposes.
(ix) To provide for appointment of Child Marriage
Prevention Officers by the State Government.
(x) To empower the State Governments to make rules
for effective administration of the legislation.
5. The Bill seeks to achieve the above objectives.”
42. The PCMA retained the age of marriage as twenty-one for males
and eighteen for females.71 The Act provides for governing parties
to a child marriage after its commission, punitive measures against
offenders of the Act as well as provisions for the prevention of
child marriage. We shall analyse the scheme of the PCMA in three
parts. In Part i, we shall analyse the provisions that seek to protect
women married as girls as well as children born in child marriages
(Sections 3 to 8 of the PCMA). Having analysed the remedies of
parties upon the commission of a child marriage, we shall analyse
the provisions which penalise the commission of child marriages in
Part ii. Lastly, in Part iii we shall analyse the provisions which are
aimed at preventing child marriages.

i. Recourse to the wedded: maintenance, residence and
custody
43. The PCMA prescribes that a petition under the Act may be filed
before a district court having jurisdiction over the place where
(i) the defendant resides; or (ii) the child resides; or (iii) the marriage
was solemnized; or (iv) the parties last resided together; or (v) the
petitioner is residing at the time of filing the petition. Such a court
shall have jurisdiction to deal and decree the following reliefs:
(i) to annul the marriage and issue a decree of nullity under Section
3 of the PCMA;

71 Section 2(a), PCMA.
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(ii) to provide for maintenance and residence to the female
contracting party to a child marriage under Section 4; and
(iii) for the custody and maintenance of children of a child marriage
under Section 5.
44. The PCMA diverges from the CMRA in its approach towards the
validity of child marriages as well as its enforcement. The PCMA
prescribes that a child marriage is voidable at the instance of the
contracting party who was a child at the time of the marriage.72
Section 3 stipulates that a petition for annulling a child marriage by a
decree of nullity may be filed before the district court. Such a person
must exercise the right to file the petition within two years of attaining
the age of majority.73 In case the party is still a minor, the petition may
be filed by their guardians or next friend along with the CMPO.74 In
addition to entitling the minor contracting party to a child marriage
to a decree of nullity, it also requires the district court to direct both
parties to the marriage to return all money, valuables, ornaments
and other articles exchanged as gifts at the time of marriage.75 In
doing so, the district court must afford an opportunity to the parties
against whom the order of returning gifts is made.76
45. The PCMA further empowers the district court to provide for the
maintenance and residence of the female contracting party to the
child marriage. The court may pass an interim or final order directing
the grant of maintenance to the female contracting party by the male
contracting party.77 Where the male contracting party is a minor, the
court may issue a direction to his parents or guardians to maintain
the female contracting party.78 The court may grant such a relief till
the female contracting party remarries.79 In computing the amount of
maintenance, the court shall have regard to the needs of the child,
the lifestyle enjoyed by the child during marriage and the means of

72 Section 3, PCMA.
73 Section 3(3), PCMA.
74 Section 3(2), PCMA.
75 Section 3(4), PCMA.
76 Section 3(4), PCMA.
77 Section 4(1), PCMA.
78 Section 4(1), PCMA.
79 Section 4(1), PCMA.
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income of the paying party.80 Clause (4) of Section 4 empowers the
district court to make a suitable order for the residence of the female
contracting party to a child marriage who files an annulment petition.
46. Section 5 of the PCMA provides for the custody and maintenance of
children of child marriages. The PCMA is oriented on the universal
principal of child law, which is that the welfare and beneficial interest
of the child has to be paramount. The provision governs the custody
of the child, the visitation rights of parents as well as the maintenance
of a child born from a child marriage. The district court is empowered
to make an order as to the custody of a child born from a child
marriage81 keeping in mind the welfare and best interest of the child.82
The court may also pass an order granting the other party access
to the child in a manner that serves its best interest.83 The child or
its parents or guardians may also be awarded maintenance by the
court.84 Therefore, the PCMA has sought to ensure the upkeep and
protection of women and children in families which emerge from a
child marriage.
47. One of the critiques against rendering child marriages void is that
women and children would lose the protective shield of the law, which
accrues to them under a valid marriage. The PCMA has repelled this
criticism by specifically providing for the maintenance of women and
children in a child marriage notwithstanding a decree of nullity being
granted under Section 3 of the Act. The Act further protects a child
born from a child marriage by declaring that such a child, begotten
or conceived of a child marriage, shall be deemed legitimate for all
purposes under the law.85
48. The maintenance of women and children has been a feature of our
family laws. It recognises the inherent maldistribution of economic
resources and life opportunities between men and women. It further
recognises the innocence of the children who end up in broken families
due to no fault of theirs. The status of these universally recognised
vulnerable persons is further made tragic in a child marriage because

80 Section 4(2), PCMA.
81 Section 5(1), PCMA.
82 Section 5(2), PCMA.
83 Section 5(3), PCMA.
84 Section 5(4), PCMA.
85 Section 6, PCMA.
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all child marriages are forced marriages. Children are made to enter
into matrimony before arriving at the age of intelligent consent and
are often unaware of the responsibilities, duties and rights which
accrue to members of the marital union in the eyes of the law as
well as society. When the party to a child marriage ends up in a
situation which is not oftheir making, the vulnerability of the child
born from such marriage is heightened.
49. In Union of India v. VR Tripathi,86 a two-Judge Bench of this Court
speaking through one of us (DY Chandrachud, J) has opined that the
legitimacy of a child is a matter of the dignity of the child. When the
law recognises a child as legitimate, it aims to shield the child from
the legal fallout of illegitimacy as well as the social stigma attached
to illegitimate children. It is impermissible to treat children of void
marriages, who are statutorily legitimate, as illegitimate. Section 6
of the PCMA therefore serves to afford dignity to children born to
parents who had entered into a child marriage. A decree of nullity
of marriage passed under Section 3 shall not affect the legitimacy
of the child born from such a marriage.
50. Section 7 of the PCMA allows the district court to add to, modify or
revoke any order which it passes on the maintenance, residency of
the woman or the custody and maintenance of the child born from
a child marriage based on change in circumstances. Such a change
in the order of the court may be made at any time, either during the
pendency of the petition or after it has been disposed of.
51. These provisions seek to safeguard the interest of the vulnerable
stakeholders involved in a child marriage, namely, a child bride and
any child born from a child marriage. Parliament, having safeguarded
these rights has further stipulated punishments for violation of the
PCMA and solemnization of child marriages.

ii. Penalties for child marriage
52. The PCMA prescribes punishment for three classes of persons,
namely, (i) an adult groom in a child marriage, 87 (ii) persons
involved in the solemnization of child marriage88 and (iii) persons

86 (2019) 14 SCC 646.
87 Section 9, PCMA.
88 Section 10, PCMA.
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who promote or permit the solemnization of child marriage.89 The
maximum punishment prescribed for all three classes is rigorous
imprisonment of two years and a fine of rupees one lakh. Unlike
many social legislations, the PCMA does not prescribe a mandatory
minimum punishment for committing an offence under the Act. The
effect of this is that a judge would be at liberty to nominally punish
the accused who are convicted under the Act. The non-prescription
of a minimum mandatory sentence has led to ineffective enforcement
of the PCMA.
53. Section 15 of the PCMA stipulates that all offences under the Act are
cognizable and non-bailable. This is a deviation from CMRA which
initially did not make the offence of child marriage cognizable. The
effect of this was to make the prevention of child marriage entirely
contingent on the private initiative of citizens to file a complaint before
the magistrate and be examined under oath. The CMRA also initially
required a security bond to be executed by the complainant to sustain
their bona fides. This requirement made the enforcement of the Act
illusory. The requirement of executing a mandatory security bond
was eliminated by the Child Marriage Restraint (Second Amendment)
Act 1938. The offences under the CMRA were further made partially
cognizable through an amendment in 1978. Section 15 of PCMA
is therefore a welcome step which aims to better enforce the Act.
54. Section 9 of the PCMA prescribes that a man above the age of
eighteen, who enters into a marriage with a minor girl is liable to be
punished with rigorous imprisonment which may extend to two years or
with a fine which may extend to one lakh rupees or both. The court is
accordingly empowered to penalise an accused under Section 9 with
imprisonment or a fine or both. The court is at liberty to exercise its
options of imposing punishment based on the gravity of the offence,
the circumstance of the marriage and the socio- economic power
of the male over his child bride. In many instances, the marriage
between a child bride and aged groom occurs at the instance of
the groom incentivising the family of the girl to marry her off. The
provision deals with such situations but also recognises the relative
lack of involvement of a man who may be a young adult and enters
into matrimony with a minor. The option of imprisonment and fine is

89 Section 11, PCMA.
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a deviation from the other two penal provisions in the PCMA which
mandate both, a fine and imprisonment, to be imposed on guilty
convicts. The rationale of this option is to allow the judge a degree
of latitude in assessing the culpability of the groom under Section 9
and impose a proportionate criminal sentence.
55. Despite the age of majority for a man to enter into a marriage being
prescribed as twenty-one under Section 2(a) of the Act, his criminal
liability for entering into a child marriage with a minor woman begins
at eighteen. Therefore, two positions of law emerge from Section 9.
First, a woman, regardless of her age is not liable for entering into
a child marriage. Second, a man above the age of eighteen but
under the age of twenty one is liable for marrying a girl who is under
the age of eighteen. The legislative intent behind making a groom
liable for entering child marriage is to recognise the relative control
of the agency that a groom may have in relation to his marriage as
opposed to a girl.
56. In Hardev Singh v. Harpreet Kaur90 the appellant was under the
age of twenty-one and had married a woman who was twenty-three
years old. The High Court of Punjab and Haryana directed an FIR
to be registered under Section 9 of the PCMA against the wife for
entering into a marriage with a man who was a minor under the
PCMA. A two-Judge bench of this Court set aside the judgment
of the High Court and held that the PCMA does not prescribe any
punishment for an adult woman who marries a male child. This
Court held that the Act recognises women as a vulnerable class
and seeks to punish adult men who marry child brides. The Court
further rejected the literal interpretation of Section 9 which would
make a man between the ages of eighteen and twenty one who
marries an adult woman liable for child marriage. Therefore, no child
as defined in Section 2(a) of the PCMA is liable under Section 9 for
marrying an adult person.
57. Section 10 of PCMA stipulates that a person who performs, conducts,
directs or abets any child marriage shall be punished with rigorous
imprisonment which may extend to two years and shall be liable to
a fine which may extend to one lakh rupees. The provision, unlike

90 [2019] 14 SCR 120 : (2020) 19 SCC 504
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Section 9, does not allow the court to choose the option of imposing a
fine or sentencing a term of imprisonment or both. A court adjudicating
under Section 10 is mandated to impose a sentence of imprisonment
as well as impose a fine.
58. The provision is expansive and would govern any accomplice to
the commission of child marriage. This would include the priest who
performs the marriage, any family member, relative or person at
whose direction the marriage takes place or anyone who abets it.
The provision stipulates a defence available to any accused under
Section 10 which is that a person must demonstrate that he had
reasonable belief that the marriage was not a child marriage. The
inbuilt defence stipulated in the provision is to safeguard any person
who may unwittingly become a part of the commission of the offence
of child marriage.
59. Section 11 of the PCMA is a catchall provision against the promotion
or permitting of child marriage by those in charge of a minor party
to the marriage. The provision reads as follows:
“11. Punishment for promoting or permitting
solemnisation of child marriages.—
(1) Where a child contracts a child marriage, any person
having charge of the child, whether as parent or guardian
or any other person or in any other capacity, lawful or
unlawful, including any member of an organisation or
association of persons who does any act to promote the
marriage or permits it to be solemnised, or negligently fails
to prevent it from being solemnised, including attending or
participating in a child marriage, shall be punishable with
rigorous imprisonment which may extend to two years and
shall also be liable to fine which may extend up to one
lakh rupees: Provided that no woman shall be punishable
with imprisonment.
(2) For the purposes of this section, it shall be presumed,
unless and until the contrary is proved, that where a minor
child has contracted a marriage, the person having charge
of such minor child has negligently failed to prevent the
marriage from being solemnised.”
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60. Section 11 stipulates that any person having charge of the child–
who promotes or permits a child marriage or fails to prevent it – is
liable to rigorous imprisonment which may extend to two years and
a fine which may extend to one lakh rupees. Similar to the provision
under Section 10 of the PCMA, Section 11 also prescribes a mandate
to the sentencing court to impose a sentence of imprisonment as
well as a fine. The provision uses the word ‘and’ between the two
punishments and the judge does not have the liberty to pick a certain
punishment to the exclusion of the other. The person liable under
Section 11 may be the parents of the child or a guardian or any other
person or organisation. Further, the means by which a person may
have the charge of the child is immaterial as the provision stipulates
that the charge may be ‘lawful or unlawful’. The section seeks to
penalise any person or organisation involved in a child marriage. Its
expansive scope allows for the prosecution of any person who may
have unlawfully taken the custody of a child and thereafter promoted,
permitted or failed to prevent the child marriage. Section 11 also
deals with organisations, such as orphanages or schools or hostels,
which may have the charge of a child and under whose watch the
child is married off.
61. The intention of the provision is to place an obligation on any person
who has the charge of a child to ensure that the offence of child
marriage is not committed. The provision not only penalises the
active participation of the person having charge of a child but also
penalises the omission on the part of such a person to prevent child
marriage. The provision recognises that children lack the ability to
form intelligent consent and may not necessarily know the full ambit
of the activity which they are about to commit. Further, children may
lack the ability and grit to defend themselves and refuse to participate
in the marriage against the pleasure of their custodians or parents.
62. Clause (2) of Section 11 raises a presumption. It stipulates that any
person, who is in charge of a child who was married off, is presumed to
have negligently failed to prevent the child marriage. The presumption
is a rebuttable one and may be defended if the person proves that
he could not have prevented the marriage or failed at preventing it,
having tried to do so to the best of their ability. This principle is only
applicable to an offence under Section 11.
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63. Having stipulated penal provisions for the commission of child
marriage in Sections 9, 10 and 11, the PCMA further stipulates that
any child marriage which occurs as a result of another criminal act
is void ab initio.91 Section 12 stipulates three instances in which the
marriage of a child is null and void. These instances are where a
minor child –
(i) is taken or enticed out of the keeping of the lawful guardian;92 or
(ii) compelled by force or by any deceitful means induced to go
from any place;93 or
(iii) is sold for the purpose of marriage; and made to go through a
form of marriage or if the minor is married after which the minor
is sold or trafficked or used for immoral purposes.94
64. Section 12 provides that the marriage in these instances is non est in
law and has no legal standing from its inception. The declaration of
the provision is mandatory and removes the option from the hands of
the party to consent to the marriage after its commission. Therefore,
all marriages done by taking or enticing a child, compelling by force
or deceit or selling are void. Section 12(c) further stipulates that
where a child marriage occurs and after the marriage, the minor is
sold or trafficked or used for immoral purposes is void. Therefore,
even when the commission of marriage was not through force or
deceit the marriage would be void from the inception based on the
acts performed after the marriage takes place.

iii. Preventive measures under the PCMA
65. The PCMA seeks to eliminate child marriages by deterrence and
prevention. The Act designed the preventive measures in two ways,
i.e., (i) by an injunction against the commission of child marriage,
and (ii) by the appointment of CMPOs. We shall analyse the scheme
of the PCMA in regard to both of these aspects below.

91 Section 12, PCMA.
92 Section 12(a), PCMA.
93 Section 12(b), PCMA.
94 Section 12(c), PCMA.
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Injunctions against child marriage
66. Sections 13 and 14 of the PCMA deal with injunctions against child
marriage. Section 13 reads as follows:
“13. Power of court to issue injunction prohibiting
child marriages.—
(1) Notwithstanding anything to the contrary contained
in this Act, if, on an application of the Child Marriage
Prohibition Officer or on receipt of information through
a complaint or otherwise from any person, a Judicial
Magistrate of the first class or a Metropolitan Magistrate
is satisfied that a child marriage in contravention of this
Act has been arranged or is about to be solemnised, such
Magistrate shall issue an injunction against any person
including a member of an organisation or an association
of persons prohibiting such marriage.
(2) A complaint under sub-section (1) may be made by any
person having personal knowledge or reason to believe,
and a non-governmental organisation having reasonable
information, relating to the likelihood of taking place of
solemnisation of a child marriage or child marriages.
(3) The Court of the Judicial Magistrate of the first
class or the Metropolitan Magistrate may also take suo
motu cognizance on the basis of any reliable report or
information.
(4) For the purposes of preventing solemnisation of
mass child marriages on certain days such as Akshaya
Trutiya, the District Magistrate shall be deemed to be the
Child Marriage Prohibition Officer with all powers as are
conferred on a Child Marriage Prohibition Officer by or
under this Act.
(5) The District Magistrate shall also have additional powers
to stop or prevent solemnisation of child marriages and
for this purpose, he may take all appropriate measures
and use the minimum force required.
(6) No injunction under sub-section (1) shall be issued
against any person or member of any organisation or
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association of persons unless the Court has previously
given notice to such person, members of the organisation
or association of persons, as the case may be, and has
offered him or them an opportunity to show cause against
the issue of the injunction:
Provided that in the case of any urgency, the Court shall
have the power to issue an interim injunction without giving
any notice under this section.
(7) An injunction issued under sub-section (1) may be
confirmed or vacated after giving notice and hearing the
party against whom the injunction was issued.
(8) The Court may either on its own motion or on the
application of any person aggrieved, rescind or alter an
injunction issued under sub-section (1).
(9) Where an application is received under sub-section (1),
the Court shall afford the applicant an early opportunity
of appearing before it either in person or by an advocate
and if the Court, after hearing the applicant rejects the
application wholly or in part, it shall record in writing its
reasons for so doing.
(10) Whoever knowing that an injunction has been issued
under sub-section (1) against him disobeys such injunction
shall be punishable with imprisonment of either description
for a term which may extend to two years or with fine which
may extend to one lakh rupees or with both:
Provided that no woman shall be punishable with
imprisonment.”
67. A Judicial Magistrate of the first class or a Metropolitan Magistrate,
as the case may be, is empowered to issue an injunction order if
they are satisfied that a child marriage has been arranged or is about
to be solemnised.95 The judge may issue such an order based on
information that may be received as a complaint or otherwise. The
person who complains to the judge must have personal knowledge

95 Section 13(1), PCMA.
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or reason to believe that a child marriage is likely to occur.96 In case
the complainant is a non-governmental organisation, they must have
reasonable information, relating to the likelihood of the taking place of
or solemnisation of a child marriage or child marriages. The injunction
order may be issued against any person or association of persons.97
However, the court must issue notice to such person, members of
the organisation or association of persons, as the case may be, and
offer them an opportunity to show cause against the issuance of an
injunction.98 The court may eschew from this requirement only if it
is expedient or urgent for the court to act, in which case an interim
injunction may be issued.
68. A Judicial Magistrate of the first class or a Metropolitan Magistrate,
as the case may be, is also empowered to take suo moto cognizance
of the commission of a child marriage based on a reliable report or
information.99 The PCMA also gives the judge associated powers
in addition to the power to issue an injunction. These include
the power to (i)confirm or vacate the injunction;100 (ii) rescind or
alter an injunction;101 and (iii) reject the application for injunction
wholly or in part by a speaking order. 102 The punishment for
disobeying an injunction issued under Section 13 of the PCMA is
imprisonment which may extend to two years or a fine which may
extend to one lakh rupees or both.103 However, no woman can be
sentenced to imprisonment for violating an injunction order under
Section 13. Any marriage solemnized in violation of an injunction
order passed under the PCMA is void ab initio as per Section 14
of the PCMA.
69. In addition to the power of the Judicial Magistrate of the first class
or a Metropolitan Magistrate to issue injunctions, Section 13 also
stipulates the role of the District Magistrate in the prevention of
child marriages. Clause (4) of Section 13 stipulates that a District

96 Section 13(2), PCMA.
97 Section 13(1), PCMA.
98 Section 13(6), PCMA.
99 Section 13(3), PCMA.
100 Section 13(7), PCMA.
101 Section 13(8), PCMA.
102 Section 13(9), PCMA.
103 Section 13(10), PCMA.
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Magistrate is deemed to be a CPMO on certain days to prevent
the solemnization of child marriages. The District Magistrate may
exercise all the powers which accrue to the CMPO under the
PCMA.104 The intent of empowering the District Magistrate is in
recognition of the fact that child marriages may take place in higher
numbers on certain days. Since many communities in India believe
that marriages may be beneficial if conducted on auspicious days, the
authorities may preventively earmark these days for the application
of Clauses (4) and (5) of Section 13 of the PCMA. Clause (5) of the
PCMA stipulates that the District Magistrate shall have additional
powers to stop or prevent the solemnisation of child marriages, for
which he may take appropriate measures and use the minimum
force required.

Child Marriage Prohibition Officers
70. In addition to injunctions, the PCMA also prescribes the appointment
of CMPOs for the prevention of child marriage. One of the primary
critiques of the CMRA was that the law was dependent on the
private initiative of public-spirited citizens to avoid child marriages.
The offences under the CMRA were only partially cognizable and
its enforcement was met with severe social penalty and the wrath of
the two families whose wards were made to tie the knot. The PCMA
sought to better enforce its provisions by stipulating the appointment
of a CMPO. Section 2(d) of PCMA defines a CMPO as an officer
appointed by the State Government under Section 16(1) of PCMA.
Section 16 empowers the State Government to issue a notification in
the official gazette appointing a CMPO for the specified jurisdiction.
Under Clause (2) of Section 16 of PCMA, the State may also
request a respectable member of the locality with a record in social
service or an officer of the Gram Panchayat or Municipality or an
officer of the Government or any public sector undertaking or a non-
governmental organisation to render assistance to the CMPO. The
CMPO is mandated to carry out the duties stipulated in Clause (3)
of Section 16 of PCMA. These duties are as follows:
(i) to prevent solemnisation of child marriages by taking such
action as he may deem fit;

104 Section 13(4), PCMA.
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(ii) to collect evidence for the effective prosecution of persons
contravening the provisions of the Act;
(iii) to advise either individual cases or counsel the residents of the
locality generally not to indulge in promoting, helping, aiding or
allowing the solemnisation of child marriages;
(iv) to create awareness of the evil which results from child
marriages;
(v) to sensitise the community on the issue of child marriages;
(vi) to furnish such periodical returns and statistics as the State
Government may direct; and
(vii) to discharge such other functions and duties as may be assigned
to him by the State Government.
71. The CMPO may move the court for an order of (i) maintenance
and residence of the child bride under Section 4; (ii) custody of a
child born from a child marriage under Section 5;and (iii) injunction
against the solemnization of marriage or against the violation of an
injunction under Section 13.105 Additionally, the CMPO may move
the court along with a child who has been married off for a decree
of nullity under Section 3 of PCMA.106
72. The legislative intent behind the appointment of the CMPOs is to
designate an officer to take tailored action against child marriage
in each district. The prevention of child marriage ensures that
communities can progress whereas the prosecutorial functions of
the CMPO ensure effective deterrence.
73. The Petitioner has submitted that the practice widely prevalent is to
appoint an officer with multifarious duties as the CMPO. The task of the
CMPO is doled out as an additional task to officers who are already
burdened with their primary duties. This leads to ineffectiveness and
allows many child marriages to slip through the cracks.
74. The data provided by the Union in its additional affidavit sheds
light on the prevalence of officers holding additional charges as
CMPOs at the district level. In states like Haryana and Chhattisgarh,

105 Section 16(5), PCMA.
106 Section 16(5), PCMA.
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officials such as Sub-Divisional Magistrates107 and District Social
Welfare Officers are appointed as CMPOs but may also hold other
responsibilities.
75. As argued by the Petitioner, the appointment of CMPOs who are
inundated with other multifarious duties impedes the effectiveness
of child marriage prevention measures. Officers with multiple duties
might struggle to dedicate sufficient time and resources to their
role as CMPOs, potentially hindering the effectiveness of child
marriage prevention efforts. The appointment of CMPOs is not a
mere statutory formality as part of an ornate virtue signalling. These
officers are in charge of prosecution of child marriages, counselling
of stakeholders and spreading awareness and sensitization in the
community. An effective CMPO must make efforts to find their roots
in the community, engage with communities and organisations in
the area and carry out the painstaking, and sometimes thankless,
task of reporting specific factors affecting child marriages in the
district. We observe that the need for dedicated personnel with a
focused mandate to tackle child marriage is crucial to ensure that
resources are utilized effectively and that the objectives of the
PCMA are met.
76. Additionally, the level at which CMPOs are designated—whether
at the district, Block, or Gram Panchayat level—is also a critical
concern. For instance, states like Karnataka have appointed 58,522
officers across thirty one districts, and Maharashtra has appointed
25,562 officers across thirty six districts, extending appointments
down to the Gram Panchayat level. Andhra Pradesh has appointed
16,590 officers from the village or ward level up to the district level,
including District Magistrates at the district level. However, Uttar
Pradesh has designated only one CMPO per district, with 75 CMPOs
for seventy-five districts. Although high numbers of appointments
may suggest extensive coverage, this alone does not ensure
effectiveness unless there are exclusive officers dedicated solely to
CMPO duties, free from additional responsibilities. For example, at
the Gram Panchayat level, Panchayat Secretaries, Village Revenue
Officers, and Patwaris are often given CMPO duties in addition to

107 ‘SDM’
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their primary roles, which dilutes their ability to focus solely on child
marriage prevention.
77. CMPOs often lack adequate training and are ill-equipped to engage
sensitively with children. A study analysing child marriage cases
filed nationwide between 2008 and 2017 revealed that CMPOs
initiated only seven percent of these cases, highlighting a significant
gap in proactive enforcement. 108 In some instances, CMPOs
redirect complaints to other designated officers under different
laws, such as protection officers under the Domestic Violence
Act 2005109 or the JJ Act110, who then refer the complaints back
to the CMPOs. This back-and-forth highlights a need for improved
clarity and streamlined coordination in handling child marriage
cases effectively.
78. We accordingly hold that, given the significant obligations expected
to be discharged by a dedicated CMPO, no officer with other
responsibilities shall be appointed as the CMPO. States or UTs
shall appoint exclusive CMPOs in each district in addition to any
CMPOs already serving in a dual capacity, and they shall equip
these officers with adequate resources for the effective discharge
of their functions. If a State or UT concludes that instances of child
marriage have decreased to the extent that appointing exclusive
CMPOs is no longer necessary, it may file an application before
this Court, seeking leave to appoint a CMPO who also holds other
duties at the District level.

B. The Protection of Children from Sexual Offences Act 2012
79. The Protection of Children from Sexual Offences Act 2012111 was
enacted by Parliament to safeguard the right of all children to
safety, security and protection from sexual abuse and exploitation.
It is a self-contained comprehensive legislation for the protection
of children from sexual assault, sexual harassment and pornography.112

108 Social and Policy Research Foundation. ‘Child and Early Marriage in India, Issue Brief’ (2021) referred
in India Child Protection, Towards Justice: Ending Child Marriages (2024), 21.
109 The Domestic Violence Act, 2005.
110 The Juvenile Justice (Care and Protection of Children) Act, 2015.
111 ‘POCSO Act’
112 Statement of Objects and Reasons, POCSO.
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The POCSO Act operates in a manner which promotes the best
interest and well-being of a child and ensures their healthy physical,
emotional, intellectual and social development.113
80. The POCSO Act applies to all children regardless of their gender.
Section 2(d) defines a child as being under the age of eighteen. The
Act elevates the age of consent to eighteen years for all persons.
The 2013 amendment to the IPC increased the age of consent
under the rape provision from sixteen to eighteen. However, the
marital rape exception to the rape provision in Section 375 IPC
continued to protect men for having sex with their minor wives. In
Independent Thought (supra) this court removed the inconsistency
and struck down the exception to the penal provision on rape under
Section 375 IPC in so far as it related to minors. Further, Subclause
(vi) of clause (d) of Section 63 of Bharatiya Nyaya Sanhita 2023114
prescribes the age of consent to be eighteen years. Section 63 BNS
is pari materia to Section 375 IPC.
81. The principles of the POCSO Act are directly threatened by the
commission of child marriage. The intent of the POCSO Act is to
protect children from sexual advances. Child marriage on the other
hand is an institution which puts minor girls directly in harm’s way.
Under the POCSO Act, a man is liable to punishment for having sex
with his minor wife. Nevertheless, the existence of child marriage
and its continued recognition in the law as a valid (and voidable)
marriage threatens the dignity of children. The institution of child
marriage, more directly than any other institution, stipulates for the
sexual abuse of child brides by design.

C. The Juvenile Justice (Care and Protection of Children)
Act 2015
82. The Juvenile Justice (Care and Protection of Children) Act115 was first
enacted in 2000 to provide for the protection of children. The legislation
underwent amendments in 2006 and 2011. Thereafter, based on the
recorded inadequacies of the legislation, Parliament enacted a new

113 Ibid.
114 ‘BNS’
115 ‘JJ Act’
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JJ Act in 2015. The JJ Act was enacted in furtherance of Article 15
and Articles 39(e) and (f),116 45117 and 47118 of the Constitution to
ensure the proper care, protection, development, treatment and
social re-integration of children in difficult circumstances. The JJ Act
applied a child-friendly approach and is premised on the principle of
the best interest of the child.
83. The JJ Act inter alia deals with children in need of care and
protection. 119 Section 2(14) defines CNCP. Sub-clause (xii) of
Section 2(14) of the JJ Act prescribes that children at imminent risk
of marriage are CNCP. The provision reads as follows:
“2. Definitions.–In this Act, unless the context otherwise
requires,–
…
(14) “child in need of care and protection” means a child–
…
(xii) who is at imminent risk of marriage before
attaining the age of marriage and whose parents,
family members, guardians and any other persons
are likely to be responsible for solemnisation of such
marriage;”

116 “39. Certain principles of policy to be followed by the State.— The State shall, in particular, direct its
policy towards securing—
…
(e) that the health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to their
age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity and that childhood and youth are protected against exploitation and against
moral and material abandonment.”
117 “45. Provision for early childhood care and education to children below the age of six years.— The
State shall endeavour to provide early childhood care and education for all children until they complete
the age of six years.”
118 “47. Duty of the State to raise the level of nutrition and the standard of living and to improve
public health.— The State shall regard the raising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties and, in particular, the
State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious to health.”
119 ‘CNCP’
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84. The Act provides a comprehensive framework to deal with CNCP.
Section 27120 of the JJ Act establishes the Child Welfare Committee121
to inter alia handle and resolve complaints in relation to children
who are in need of care. The CWC’s role is to ensure the children’s
basic needs are met and that they are protected, treated, developed,
and rehabilitated.
85. Therefore, children who are married off are required to be produced
before the CWC so that they may be rehabilitated and taken care
of. The JJ Act further provides for the constitution of the State Child
Protection Society and District Child Protection Unit. Section 106 of the
JJ Act stipulates that the State shall constitute a State Child Protection
Society and a Child Protection Unit in each district. The mandate of
the Society and Unit may be prescribed by the State. The constitution
of these societies and units is to take up matters related to children
for the implementation of the Act including inter alia notification of
competent authorities in relation to the children and their rehabilitation
and co-ordination with various official and non-official agencies
concerned. The society and units therefore have the responsibility to
identify needs and engage with stakeholders, official and non-official,
for the implementation of the JJ Act. As a beneficial social legislation
aimed at children, the society and units constituted under the JJ Act
are required to proactively identify remedies and strategies for the
rehabilitation and protection of victims of child marriages.

120 “27. Child Welfare Committee.– (1) The State Government shall by notification in the Official Gazette
constitute for every district, one or more Child Welfare Committees for exercising the powers and to
discharge the duties conferred on such Committees in relation to children in need of care and protection
under this Act and ensure that induction training and sensitisation of all members of the committee is
provided within two months from the date of notification.
(2) The Committee shall consist of a Chairperson, and four other members as the State Government
may think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters
concerning children.
(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required
for secretarial support to the Committee for its effective functioning.
…
(8) The Committee shall submit a report to the District Magistrate in such form as may be prescribed
and the District Magistrate shall conduct a quarterly review of the functioning of the Committee.
(9) The Committee shall function as a Bench and shall have the powers conferred by the Code of
Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of First Class.
(10) The District Magistrate shall be the grievance redressal authority to entertain any grievance
arising out of the functioning of the Committee and the affected child or anyone connected with
the child, as the case may be, may file a complaint before the District Magistrate who shall take
cognizance of the action of the Committee and, after giving the parties an opportunity of being heard,
pass appropriate order.”
121 ‘CWC’
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86. Section 107 of the JJ Act further provides for the Child Welfare Police
Officers122 and Special Juvenile Police Units.123 It stipulates that at
each police station, at least one police officer shall be appointed as
the CWPO. The officer so designated shall not be below the rank
of Assistant Sub-inspector. The appointment of CWPOs is required
to be done bearing in mind the aptitude, appropriate training and
orientation of the inspector. The officer so appointed is in charge of
exclusively dealing with children, either as victims or perpetrators,
and coordinate with the police and voluntary and non-governmental
organisations.
87. In each district, the State governments are mandated to constitute a
SJPU for effective coordination of all police-related functions related
to children. The SJPU shall be headed by an officer of the rank of
Deputy Superintendent of Police or superior. The SJPU shall comprise
all the CWPOs appointed in each police station throughout the district
as well as two social workers who have worked on issues relating
to child rights. At least one of such social workers who is made part
of the unit shall be a woman.
88. The JJ Act recognises the inapplicability of standards which accrue
to adults. It is intended to safeguard children and deal with those
among them who are in conflict with the law. In the context of child
marriage, the principles enunciated in the JJ Act as well as the
framework established under it are vitally important. Children who
are at risk of marriage at the hands of their family or relatives are
expressly recognised as CNCP under the Act. The JJ Act further
prescribes for their protection, rehabilitation and development. While
victims of child marriage are protected under the JJ Act, it further
strengthens the effort to eliminate child marriages by creating a
trained and skilled force of police officers to deal with children. The
SJPUs are marked by their unique ability to inject humanity in law
enforcement. The task of law enforcement officers, the police in
particular, has traditionally been associated by the State’s ability to
compel compliance to its norms. The formation of SJPUs reflects
a refreshing outlook toward police work, one which is imperative
in liberal democracies’ treatment of vulnerable groups. Law with a

122 ‘CWPO’
123 ‘SJPU’
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touch of humanity and law enforcement with a boost of sensitivity
and empathy are the cornerstone of the law on children. The JJ Act
therefore forms an important instrument in the contemporary legal
framework concerning child marriages in India.

D. The Commissions for Protection of Child Rights Act 2005
89. The UN General Assembly adopted the Declaration on Survival,
Protection and Development of Children in 1990. In 1989 the UN
adopted the Convention on the Rights of the Child124 which India
ratified on 11 December 1992. To implement India’s obligations under
these international instruments, Parliament enacted the Commissions
for Protection of Child Rights Act 2005.125
90. The CPCRA seeks to assure child rights in two ways. Firstly, it
establishes National and State Commissions for the protection
of Child Rights.126 These bodies study, review, and oversee the
implementation of child rights law in India. Secondly, the CPCRA
establishes Children’s Courts for providing speedy trial of offences
against children or for violation of child rights.127 Clause (b) of Section 2
of CPCRA defines child rights to include the rights stipulated in CRC.
91. The NCPCR under Section 13 and the State Commissions for the
Protection of Child Rights under Section 24 of CPCRA are inter alia
entrusted with performing the function of:
(i) examining and reviewing the safeguards provided by any law
for the protection of child rights and recommending measures
for their effective implementation;
(ii) inquiring into violation of child rights and recommend initiation
of proceedings in such cases; and
(iii) inquiring into complaints and taking suo motu notice of matters
relating to,- (a) deprivation and violation of child rights; (b) non-
implementation of laws providing for protection and development
of children; (c) non-compliance of policy decisions, guidelines
or instructions aimed at mitigating hardships to and ensuring

124 ‘CRC’
125 ‘CPCRA’
126 Sections 3 and 17, CPCRA.
127 Section 25, CPCRA.
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welfare of the children and to provide relief to such children, or
take up the issues arising out of such matters with appropriate
authorities.
92. The NCPCR and SCPCR serve the roles of review, monitoring and
oversight of the legal framework on child rights in India. While the
CPCRA enables the two commissions to effectively discharge their
functions with appropriate resources, the effective implementation
of the law is contingent on pro-active initiatives of the NCPCR
and SCPCRs and the timely appointment of members to the two
commissions. The effective implementation of the PCMA also falls
within the subject matter of the NCPCR and SCPCRs. Over time, the
commissions have collected data and reviewed the progress of the
implementation of the PCMA. The operative directions and guidelines
that we shall issue in this judgment shall also stipulate the further
and specific role that we envision for the NCPCR and SCPCRs to
perform in the prevention and elimination of child marriages.
93. The MWCD and the NCPCR have been actively engaged in raising
awareness about the negative consequences of child marriage and
strengthening the enforcement of the PCMA. In recent years, the
NCPCR has conducted multiple review meetings and collaborated
with a broad spectrum of stakeholders, including District Magistrates,
CMPOs, CDPOs, CWCs, and Anganwadi Workers.128 These initiatives
have aimed to create a coordinated approach to tackling child marriage
at the grassroots level.
94. The NCPCR has also concentrated on identifying children at risk
by compiling school-wise data on those who have dropped out or
exhibit irregular attendance. In 2023-2024, the NCPCR identified
645,673 children across India who were either out of school or at
risk of early marriage. The Commission directed district authorities
to pinpoint vulnerable children from this list, prevent their marriages,
and ensure proper rehabilitation for those affected. While these
awareness campaigns and data-driven interventions have been vital,
it is evident that awareness alone is not enough to prevent child
marriages effectively. Enforcement of laws, community engagement,
and support systems for vulnerable children are equally crucial.

128 ‘AWWs’
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E. The Legal Services Authorities Act 1987
95. The Legal Services Authorities Act 1987 was enacted to constitute
legal services authorities at the National, State and District levels to
provide free and competent legal services to the weaker sections of
the society. The constitution of the authorities is aimed at ensuring
that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities.
96. Section 12(c) of the Act stipulates that any child who has to file or
defend a case is entitled to legal services.129 The Legal Services
Authorities are therefore under an obligation under the Act to assist
minors who file cases under the PCMA to exercise their statutory
rights. The National Legal Services Authority,130 State Legal Services
Authority,131 District Legal Services Authorities,132 Taluk Legal Services
Committees, High Court Legal Services Committees, and Supreme
Court Legal Services Committee have formulated various schemes
to be followed while they deal with legal services to children.133 We
shall make further directions in this regard to legal services authorities
in the operative portion of this judgment.

F. Policies formulated by the Union Government
97. In addition to the legislative apparatus outlined above, the Union has
submitted that the MWCD proposed a National Strategy on Child
Marriage on 14 February 2013. This strategy emphasized linking
with Integrated Child Protection Scheme134 structures and statutory
bodies to ensure early detection and swift referral of cases needing
care and protection. One of its strategic directions was to ensure
that children already in child marriages should not face discrimination
in accessing health, nutrition, education, and employment services.
98. The Union Government has also implemented several schemes
aimed at empowering young girls and women, such as Sukanya
Samridhi Yojana, Pradhan Mantri Awas Yojana (Urban & Rural),

129 Section 12(c), The Legal Services Authorities Act 1987,
130 ‘NALSA’
131 ‘SLSA’
132 ‘DLSA’
133 See for example National Legal Services Authority (Child Friendly Legal Services to Children and their
Protection) Scheme, 2024.
134 ‘ICPS’
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Pradhan Mantri Jan Dhan Yojana, and Pradhan Mantri Matru
Vandana Yojana (PMMVY). These initiatives aim to promote social
well-being and to create a supportive environment for young girls.
Complementing these efforts are programs like Samagra Shiksha,
the National Overseas Scholarship Scheme, Babu Jagjivan Ram
Chhatrawas Yojana, and the Swachh Vidyalaya Mission, which focus
on making schools girl-friendly, particularly for vulnerable sections of
society. The Rajiv Gandhi Scheme for Empowerment of Adolescent
Girls – SABLA, launched on November 19, 2010,135 in 200 districts,
focuses on empowering adolescent girls (aged 11-18) by improving
nutrition, health, and vocational skills. SABLA provides nutrition at
Rs 5 per day for 300 days, iron and folic acid supplementation, health
check-ups, nutrition and health education, family welfare guidance,
and vocational training for girls aged sixteen and above under the
National Skill Development Programme. It also raises awareness
about the importance of marrying at the appropriate age.
99. To enhance the employability of female workers, the Ministry offers
training through a network of Women’s Industrial Training Institutes,
National Vocational Training Institutes, and Regional Vocational
Training Institutes. Additionally, the Skill India Mission aims to ensure
economic independence for women through skill development.
100. The Ministry implements the Beti Bachao Beti Padhao scheme136,
which specifically aims to address issues of gender inequality by
promoting the education and welfare of girls. It targets high-risk
districts with low child sex ratios and focuses on changing societal
attitudes toward girls through awareness campaigns, community
engagement, and promoting girl-friendly educational infrastructure.
Additionally, the Union has established CHILDLINE, a 24/7 emergency
outreach service for children in crisis, which coordinates with police
and child protection services to address various issues, including
child marriage prevention.
101. Despite these efforts, there remains a gap in implementing specific,
targeted measures focused solely on the prevention of child marriage.
Existing schemes, while impactful, do not provide sufficient tools to
tackle child marriage comprehensively. For instance, while training and

135 See Rajiv Gandhi Scheme for Empowerment of Adolescent Girls: Sabla, https://www.india.gov.in/rajiv-
gandhi-scheme-empowerment-adolescent-girls-sabla.
136 See https://www.myscheme.gov.in/schemes/bbbp.
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educational programs are vital, there appears to be a lack of robust
mechanisms to monitor the long-term outcomes of these initiatives,
particularly in rural and underserved areas where child marriage
rates are often high. Additionally, while financial support is essential
in empowering women, it may not always effectively reach the most
vulnerable communities. Therefore, we direct that a special scheme
be introduced, specifically focusing on skill development, vocational
training, and economic stability for women and girls who choose to
leave child marriages. This scheme should include provisions for
legal aid, psychological support, and financial assistance to help
them transition to a life of self-reliance.

G. States’ efforts to curb child marriage
102. Each State and UT in India has introduced training programs,
awareness initiatives, and financial incentives as part of a
comprehensive approach to enforcing the PCMA137. These efforts
encompass preventive training, education, financial support, and
community-based outreach to discourage child marriage and promote
girls’ education and empowerment. Relevant up-to-date data on the
States’ efforts to curb child marriage over the last three years has
been placed before this Court. As and by way of illustration, we
shall briefly provide an overview of the efforts made in regard to
(i) training schemes, (ii) awareness programs, (iii) financial incentives
and (iv) other incentives. We shall then analyse the impact of these
schemes broadly.

i. Training schemes
103. Across India, States and UTs have conducted extensive training
programsover the past three years to equip officials and communities
with the knowledge needed to combat child marriage. States and UTs
are conducting training programs to equip officials and communities
with the knowledge needed to combat child marriage.
104. States like Telangana, Uttar Pradesh, Jharkhand, Gujarat, and
Chhattisgarh have conducted training and awareness programs for
field workers through DCPUs, providing critical information on the
PCMA. Some states have partnered with DWCD&SS and UNICEF, with

137 Additional Affidavit, Ministry of Women and Child Development (2023). The data highlights the steps
undertaken by the States in the Past Three Years – 2020 -2023.
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support from partner organizations, to conduct these training sessions.
For instance, Karnataka has established Child Marriage Prohibition
Cells138 under its Spoorthi Yojana139 to train staff in identifying and
preventing child marriages. Additionally, Rs. 12.51 crores have been
allocated for training Protection Officers and staff in Special Cells for
women and children140. In Haryana, Protection-cum-Prohibition officers
receive intensive training and sensitization from experts with support
from NIPCCCD and HIPA.These initiatives indicate a structured
approach, focusing not only on immediate prevention but also on
long-term societal change by raising awareness and educating local
populations about the harms of child marriage.

ii. Awareness programs
105. Awareness initiatives play a vital role in changing societal perceptions
about child marriage and promoting girls’ education. In terms of the
number of awareness sessions over the last year, most sessions
have been reported by Andhra Pradesh, Uttar Pradesh, Odisha
and Tamil Nadu.141 Andhra Pradesh conducted 37,446 sessions,
reaching 857,012 participants; Uttar Pradesh conducted 35,377
sessions, reaching 1,248,394 participants; and Odisha conducted
33,276 sessions covering 30,755 blocks and villages.142 Additionally,
Tamil Nadu has actively engaged communities with widespread
awareness programs tailored to local needs.143
106. States have deployed varied and unique measures in spreading
awareness such as leveraging local media to economically
empower girls,144 distributing legal informational pamphlets in rural

138 These cells deal with the administrative Sanction of Spoorthi Yojana, Action Plan, Prohibition of Child
Marriage Act Systematic Procedure, Coordination and Review Committee, Cell Establishment Details,
Child Marriage Prohibition Officers Roles and responsibilities and additional CMPOs Orders, Revised
Committee Order at Gram panchayat; See details of Government orders and guidelines for major
schemes and programs of the Department (2024) https://dwcd.karnataka.gov.in/info-4/Details+of+Gove
rnment+orders+and+guidelines+for+major+schemes+and+programs+of+the+Department/en.
139 The Scheme was first introduced on a pilot basis, has been successful, and will now be extended to a
few more districts. It aims to improve nutritional levels and empower 12- to-18-year adolescent girls in 5
districts covering 50000 adolescent girls from 11 Special Development Plan Taluks.
140 The State cabinet approved the release of Rs 12.51 crore for ‘Spoorthi scheme’ in 2023.
141 NCCPR, Comprehensive Report of Virtual Review Meetings on Child Marriage with Districts All Over
India For 2023-2024 (2024).
142 Ibid.
143 Ibid.
144 Delhi Ladli Scheme, 2008 has been operational since 01.01.2009 for controlling female foeticide,
improving the sex ratio, and empowering girls educationally and financially.
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areas,145 partnering with NGOs,146 facilitating community meetings,147
targeted awareness programs focusing on high school students and
school dropouts,148 and running educational YouTube channels.149
107. This grassroots, multisectoral collaboration is essential, as it leverages
community-based networks to reach children most at risk, ensuring
early intervention and protection against child marriage. It strengthens
coordination between state authorities, NGOs, and local stakeholders
to enhance the impact of these awareness initiatives.

iii. Financial incentives
108. Financial incentives play a significant role in these initiatives. In
Telangana, the Shaadi Mubarak and Kalyana Lakshmi schemes
offer cash transfers to eligible families; for instance, families
receive a one-time grant of approximately Rs. 1 lakh upon the girl
reaching adulthood.150 Chhattisgarh offers a similar scheme, the
Noni Suraksha Yojana, while Bihar’s Kanya Utthaan Yojana provides
financial support of Rs. 25,000 per girl to encourage education and
delay marriages and Mantri Vivah Yogana aids families by covering
marriage expenses for eligible girls. Madhya Pradesh’s Ladli Lakshmi
Yojana links financial support to educational milestones, offering up
to Rs. 6,000 for completing certain grades.151 In Andhra Pradesh,

145 Haryana has engaged 1,855 stakeholders through targeted campaigns, distributing over 50,000
informational pamphlets in rural areas to explain the legal ramifications and adverse impacts of child
marriage; Similarly, Tamil Nadu has created thirteen different types of posters, with 3,77,585 posters
distributed across the state, and an allocation of Rs. 50 lakhs specifically for campaigns in ten
economically disadvantaged districts.
146 Odisha has partnered with NGOs to conduct 1,500 workshops in schools.
147 Assam facilitated community meetings in 200 villages, highlighting the harmful effects of early marriage
on health, education, and economic opportunities.
148 Telangana has organized targeted awareness programs aimed at identifying vulnerable children,
particularly with the support of Village Child Protection Committee members. These initiatives focus on
high school students and school dropouts, working in coordination with ICPS, ICDS, ChildLine, Sakhi
staff, Anganwadi teachers, ASHA workers, and local Sarpanchs.
149 Tamil Nadu launched an educational YouTube channel and provided 3-6 months of vocational training to
support victims of child marriage, equipping them with skills for a better future.
150 The Government of Telangana launched the ‘Kalyana Lakshmi/Shaadi Mubarak scheme provided to
unmarried girls who are above 18 years of age from SC, ST, BC and Minority families (with a combined
income of both parents not exceeding Rs. 2,00,000 per annum) at the time of their marriage.
151 This aims to discourage child marriage, eradicate female infanticide, rectify the falling birth rate of girls,
improve the health and educational status, curtail inequality and uphold the status of the girl child in the
society. ln this scheme, there is a provision for a final payment of Rs. 1.00 lakh on completion of 21 years
of age of the girl child, on appearing in class 12th examination birth and on early marriage Instructions
were issued for Akshay Tritiya.
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the Jagananna Amma Vodi program aims to improve the Gross
Enrollment Rate (GER) and promote higher education for girls.
Rajasthan’s Mukhyamantri Kanyadan Yojana provides financial
assistance to BPL families from SC, ST, and minority communities
for the marriages of girls upon reaching 18 years.
109. These financial incentives serve as a powerful tool in reducing child
marriage and enhancing girls’ education by alleviating the financial
expenses of families. These States demonstrate promising results
in increasing girls’ enrolment in schools through targeted financial
assistance programs. However, these schemes must be supported by
robust monitoring and evaluation mechanisms to ensure that the funds
are used effectively and that the intended outcomes are achieved.

iv. Other initiatives
110. In addition to training, awareness, and financial support, states have
implemented various structural measures to reinforce the PCMA.
For example, some States conduct regular meetings with school
authorities to identify and reintegrate school dropouts, using education
as a key tool to prevent child marriages. States like Assam collaborate
with NGOs and CBOs to rehabilitate victims, provide compensation,
and facilitate home visits through DCPU staff. Several states have also
drafted action plans: Uttar Pradesh has District Action Plans for ending
child marriage and adolescent empowerment, incorporating and
adapting activities from the State Action Plan. Rajasthan introduced
its State Action Plan in 2017,152 anchoring multiple interventions
and activities to address the root causes of child marriage. These
plans include partnerships and monitorable indicators, ensuring that
progress is tracked and evaluated for effectiveness and relevance.
111. Additionally, some States like Karnataka have created online portals
to monitor child marriage cases, enhancing transparency and
accountability.153 These structural initiatives, supported by partnerships
with community organizations and digital monitoring tools, are crucial

152 Rajasthan Government (2017), ‘State Strategy and Action Plan for Prevention of Child Marriage: Towards
creating a child marriage free Rajasthan; The document articulates the principles, strategy, vision,
objectives, actions, coordination mechanisms and resources that will ensure effective implementation of
the actions/interventions to end child marriage in Rajasthan.
153 Karnataka’s online portal ‘Surakshini’ keeps track of the child’s status, and every department official
involved has to log in regularly.
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to a holistic approach that prevents child marriages and strengthens
protection for vulnerable children.

v. Impact analysis of State schemes
112. The data reveals that a comprehensive, multifaceted approach
involving training schemes, awareness programs, and financial
incentives is essential for effectively combating child marriage.
However, not all States have adopted this three-pronged strategy.
States such as Andhra Pradesh, Telangana, and Bihar showcase
strong alignment with this multifaceted approach. For instance,
the financial incentive schemes in Telangana and Bihar effectively
incentivize families to delay marriage. States like Haryana, Uttar
Pradesh and Chhattisgarh focus on training and awareness. The
absence of direct financial support could limit their schemes’ impact on
economically vulnerable communities. While these efforts contribute
to raising awareness and promoting societal change, families facing
financial hardships may still lean toward early marriage without
economic support for educational or vocational opportunities. The
absence of direct financial assistance may limit the reach and impact
of otherwise well-designed training and awareness programs, as
families in economically challenged communities may not feel the
immediate benefits of delaying marriage without addressing financial
constraints.
113. The data on child marriages across various States and UTs shows
a range of outcomes in both prevention and prosecution efforts
over the last three years. Several states, such as Andhra Pradesh,
Karnataka, and West Bengal, report a high number of cases, though
many of these cases were prevented before the marriages could
be solemnized. Karnataka documented 8,348 child marriage cases,
preventing 7,306 of these, while Andhra Pradesh reported 3,413
cases, with 3,136 successfully prevented. This reflects a proactive
approach to preventing child marriages in some states, where
authorities intercept and prevent a significant portion of cases before,
they are formalized.
114. Some States illustrate discrepancies between the number of child
marriage cases reported, the number prevented, and the number
of FIRs filed. Maharashtra reported 2043 cases prevented but
registered 178 FIRs, suggesting limited legal follow-through.
Similarly, Telangana reported 4440 cases of child marriage, of
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which only 149 FIRs were filed. Andhra Pradesh, despite having
3,416 cases registered, filed 10 FIRs. These gaps highlight potential
obstacles in prosecution and a possible need for streamlined
cooperation between child marriage prevention authorities and law
enforcement agencies. Tamil Nadu presents a more comprehensive
approach, where both prevention and FIR filing are high; with 8,966
reported cases, the state successfully prevented 6,436 marriages
and filed 2,392 FIRs.
115. Interestingly, several States and UTs, such as Dadra and Nagar
Haveli, Meghalaya, Mizoram, and Nagaland, reported no cases of
child marriage over the last three years. While this might indicate
minimal occurrences of child marriage in these areas, it could also
suggest underreporting or a lack of awareness of the issue among
authorities and communities. Furthermore, States and UTs like
Chhattisgarh, Chandigarh and Puducherry, which reported very low
figures or none at all, raise questions about the consistency and
accuracy of data reporting processes.
116. A more comprehensive look across all regions also includes
variations in the effectiveness of interventions. In addition, the
number of cases leading to FIRs is relatively low across most
states compared to the number of marriages reported, highlighting
potential gaps in legal action and prosecution efforts. Even in states
with high intervention rates, the limited legal action suggests that
additional support may be needed to ensure accountability and
deterrence.

VI. Traversing frontiers: international human rights norms
117. The development of child rights law is highly influenced by the evolving
legal standards in international law. The comity of nations has arrived
at a broad consensus rooted in the goal to realise universal human
rights of children. Domestically and abroad, various jurisdictions
have developed their legal standards under the influence of global
advancements in international bodies. It is therefore instructive to
look at the progress made and prevailing standards on child rights
in the context of early and forced marriage in international law. We
shall therefore trace the universal framework on child rights, various
regional advancements and the rights-based framework against child
marriage presently.
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A. Universal framework
118. Early international conventions did not explicitly prohibit child marriage.
With the evolution of international law, the community of nations inched
closer to an agreeable standard against child marriage. We shall
trace this evolution in international human rights norms presently.
First, we shall briefly overview the Universal Declaration of Human
Rights,154 then we shall explore the Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery of 1956155 and the International Covenant on Civil
and Political Rights 1966.156 Lastly we shall look at the two seminal
conventions on the issue of child marriage, namely, the Convention
on the Elimination of All Forms of Discrimination against Women
1979157 and the CRC 1989.

i. Universal Declaration of Human Rights
119. The UDHR adopted as General Assembly Resolution 217 A (III) in
1948,158 set forth fundamental principles regarding the right to marry.
Article 16(1) of the UDHR stipulates that men and women of full age,
without any limitation due to race, nationality, or religion, have the
right to marry and to found a family.159 They are entitled to equal rights
as to marriage, during marriage, and at its dissolution. Article 16(2)
further stipulates that marriage shall be entered into only with the
free and full consent of the intending spouses.160 Although it does
not specify a minimum age for marriage, the UDHR establishes that
marriage should be based on free and full consent, laying an early
framework for safeguarding autonomy and protecting individuals
from coerced or forced marriages.161
120. In the years following the UDHR, International Human Rights Law162
began to recognize and address the specific vulnerabilities and

154 ‘UDHR’
155 The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery of 1956; India ratified it on 23 June 1960.
156 ‘ICCPR’
157 ‘CEDAW’.
158 The Universal Declaration of Human Rights, G.A. Res. 217, U.N. Doc. A/810 (1948).
159 Ibid, article 16(1); See also Maja Eriksson, ‘Article 16’ in The Universal Declaration of Human Rights: A
Commentary, ed. Aide Eide et al. (Oxford: Scandinavian University Press, 1992), 243.
160 Ibid, article 16(2).
161 Ibid.
162 ‘IHRL’
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abuses associated with child marriage. This shift was a response to
growing evidence that child marriage disproportionately harms girls,
undermining their education, health, and prospects for economic
independence. Recognizing that such marriages are often non-
consensual and perpetuate cycles of poverty and inequality, the
international community began drafting conventions aimed at setting
protective standards for marriageable age and conditions.

ii. Recognition in political conventions
121. The Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery of 1956163
expanded on these protections by directly addressing practices
similar to slavery, including child marriage. Article 2 of the Convention
mandates that State Parties prescribe, where appropriate, suitable
minimum ages of marriage and encourage the use of facilities whereby
the consent of both parties to a marriage may be freely expressed
in the presence of a competent civil or religious authority.164 This
provision reflects a recognition that child marriage can be exploitative
and akin to slavery. In aligning marriage requirements with those
designed to end slavery-like practices, the Convention highlights
the UN’s stance against child marriage as a form of coercion and
exploitation.
122. These standards were developed as a matter of political rights
guarantee in the ICCPR.165 Article 23(2) establishes the right of men
and women of marriageable age to marry and to found a family.166
Article 23(3) prescribes that no marriage shall be entered into
without the free and full consent of the intending spouses.167 Finally,
Article 23(4) requires that State Parties take measures to ensure
equality in marriage, signalling the UN’s increasing recognition
of individual autonomy, choice, and consent in marriage.168 This
framework not only advocates for minimum marriageable age
requirements but also emphasizes free and full consent. The framers

163 The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery, 1956.
164 Ibid, Article 2.
165 UN General Assembly (1966). International Covenant on Civil and Political Rights, United Nations,
Treaty Series, vol. 999, p. 171.
166 ICCPR, Article 23 (2).
167 ICCPR. Article 23(3).
168 ICCPR. Article 23(4).
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of these documents aimed to prevent child marriage by specifically
using the terms “men and women,” rather than “males and females,”
to imply an age of maturity and decision-making capacity necessary
for marriage.169

iii. Targeted focus: the Convention on the Elimination of All
Forms of Discrimination against Women and the Convention
on the Rights of the Child.
123. The progress of the international community led to the ground-
breaking inclusion of child marriage as an expressly recognised
illegality in the CEDAW.170 Article 16(2) explicitly invalidates child
betrothals and marriages, calling for legislation to establish a minimum
age for marriage and mandate official registration.171 This is crucial to
CEDAW’s objective of safeguarding women’s rights and autonomy,
highlighting that child marriage undermines the agency, equality,
and dignity of girls and women. By emphasizing that child marriages
should have no legal effect, CEDAW directly addresses the systemic
inequalities perpetuated through such practices.
124. The guarantee to women in CEDAW was further tailored as a matter
of child rights in 1989 with the adoption of the CRC.172 It was essential
to establish a global framework dedicated to children because, despite
previous human rights treaties, there remained gaps in protections
for children who, due to their age and vulnerability, require special
safeguards. The CRC acknowledges the unique needs of children
for development,173 care, and protection from abuse, exploitation,
and neglect.174 The international community recognized that children
are often marginalized, and their rights overlooked, which made it
critical to implement specific provisions tailored to them.

169 See Maja Eriksson, ‘Article 16’ in The Universal Declaration of Human Rights: A Commentary, ed. Aide
Eide et al. (Oxford: Scandinavian University Press, 1992), 243.
170 UN General Assembly (1989). Convention on the Elimination of All Forms of Discrimination Against
Women, United Nations, Treaty Series, vol. 1249, p. 13.
171 CEDAW, Article 16 (2).
172 UN General Assembly (1989). Convention on the Rights of the Child, United Nations, Treaty Series, vol.
1577, p. 3.
173 CRC, Article 6(2); State Parties shall ensure to the maximum extent possible the survival and
development of the child.
174 CRC, Article 19 (1); Requires States to take all appropriate measures to protect the child from all forms
of abuse, neglect, or maltreatment while in the care of parents.
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125. Article 1 of the CRC defines a child as a person below the age of
eighteen unless, under the law applicable to the child, a majority is
attained earlier.175 In the context of child marriage, this provision sets
a clear threshold for defining who is considered a child, ensuring
that international standards focus on the protection of minors from
early and forced marriages. Article 19(1) of the CRC requires State
Parties to take all necessary legislative, administrative, social, and
educational measures to protect children from all forms of physical
or mental violence, injury, abuse, neglect, or exploitation, including
sexual abuse, whether committed by parents, guardians, or others
responsible for the child’s care.176 This article recognizes that children,
due to their vulnerability, require comprehensive protection across
various domains of life, especially from forms of violence that may
occur within the family or caregiving environment. This is particularly
relevant in cases of child marriage, where minors may face abuse
or exploitation under the guise of familial or cultural practices.
Article 19(2) further emphasizes the need for protective measures,
including the creation of social programs, support services for children
and caregivers, and judicial mechanisms to address and prevent
maltreatment.177 This highlights the importance of establishing a
robust framework for the identification, reporting, and follow-up of
child abuse cases, offering practical measures for intervention and
prevention.

B. Regional framework
126. In addition to international conventions, three important regional
conventions have addressed the issue of child marriage. Regional
conventions reflect the targetter focus of a region to pivot their
shared values and goals into obligatory and tangible outcomes. We
shall elucidate the framework developed in the African Union, the
European Union and the SAARC.

i. African Union
127. The African Charter on the Rights and Welfare of the Child,178

175 CRC, Article 1.
176 CRC, Article 19(1).
177 CRC. Article 19(2)
178 ‘ARWRC’
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adopted in 1990,179 builds upon international frameworks by requiring
State Parties to enact legislation setting eighteen as the minimum
age for marriage. Article 21 of the Charter specifically addresses
“Protection against Harmful Social and Cultural Practices,” stating
that all necessary measures should be taken to eliminate customs
detrimental to children’s health, dignity, and development.180Under
Article 21(2), child marriage and betrothal are prohibited, with a
mandate that states enact laws setting a minimum marriageable
age of eighteen and ensuring compulsory marriage registration.181
128. In Association pour le Progrès et la Défense des Droits des
Femmes Maliennes (APDF) and the Institute for Human Rights
and Development in Africa (IHRDA) v. Republic of Mali,182 the
African Court on Human and Peoples’ Rights addressed significant
issues regarding child marriage. The applicants argued that Mali’s
Family Code of 2011, which set the minimum marriage age for girls
at sixteen (with exceptions allowing marriage as young as fifteen),
violated key international agreements such as the African Charter
on Human and Peoples’ Rights on the Rights of Women in Africa183
and the ACRWC both of which require a minimum marriage age of
eighteen to protect the rights of children. Furthermore, the applicants
raised concerns that religious authorities in Mali often performed
marriages without ensuring full and free consent from both parties,
leading to forced marriages that particularly affected young girls.184
129. The court found that Mali’s Family Code was incompatible with
its obligations under multiple international instruments, including
the Maputo Protocol, the ACRWC and CEDAW.185 Specifically, the
Family Code’s provisions on minimum marriage age and the lack of
mandatory consent were seen as violations of these treaties, which
seek to eliminate harmful practices and ensure gender equality and

179 The African Charter on the Rights and Welfare of the Child (1990). OAU Doc. CAB/LEG/24.9/49, entered
into force Nov. 29, 1999; See also IPAS, African Alliance for Women’s Reproductive Health Rights – A
Handbook for Advocacy in the African Human Rights System (Chapel Hill: IPAS, 2006), 29.
180 ARWRC, Article 21(1).
181 ARWRC, Article 21(2).
182 Association pour le progrès et la défense des droits des femmes Maliennes (APDF) and the Institute for
Human Rights and Development in Africa (IHRDA) v. Republic of Mali, App. No. 046/2016, Judgment,
African Court on Human and Peoples’ Rights [Afr. Ct. H.P.R.] (May 11, 2018).
183 ‘Maputo Protocol’
184 Ibid, para 59, 60, 62.
185 Ibid, para 124.
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child protection.186 Consequently, the court ordered Mali to amend
its Family Code to align it with these international standards by
setting a minimum marriage age of eighteen, ensuring free consent
to marriage, and providing equal inheritance rights for all children,
including those born outside of marriage.
130. This ruling is significant because it highlights the enforceability of
international human rights treaties at the regional level, compelling
Mali to amend its laws to meet international obligations. By holding
Mali accountable, the court reinforced the legally binding nature
of the Maputo Protocol, ACRWC, and CEDAW, promoting the
standardization of human rights protections across Africa. This
decision also sets a precedent for other African nations, emphasizing
the duty to harmonize domestic laws with international child protection
standards.

ii. European Union
131. In the European Union, the European Convention on Human
Rights187 is a key legal instrument that impacts issues of marriage and
child protection. 188 Specifically, Article 12 of the ECHR grants men
and women of marriageable age the right to marry189, while Article 8
protects the right to respect for private and family life.190 These articles
do not directly set a minimum age for marriage but do highlight the
importance of individual autonomy and respect for personal and family
life, which are relevant to child marriage discussions. Article 3, which
prohibits inhuman or degrading treatment, has also been interpreted
to protect vulnerable individuals, including children, from practices
that may be harmful or coercive, such as child marriage.191
132. Early marriage in the European Region is described as an abrupt
and premature transition from childhood to adult life for the affected
minors, who are predominantly girls192. At the EU level, the resolution

186 Ibid, para 125.
187 “ECHR”
188 The European Convention on Human Rights, 1950; See https://www.echr.coe.int/european-convention-
on-human-rights
189 ECHR, Article 12.
190 ECHR, Article 8.
191 Ibid, Article 3.
192 Parliamentary Assembly of the Council of Europe, Forced Marriage in Europe (2018), Resolution 2233,
para. 2; Recognised that Early marriage thereby typically leads to restricted opportunities for education
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of the European Parliament of 4 October 2017 on “Ending Child
Marriage” references the considerable negative effects of child
marriage on the rights of children, in particular those of girls affected
by the practice.
133. A landmark case in the German Federal Constitutional Court 193
involved a Syrian couple who married in 2015 under Syrian law,
with the wife being 14 at the time. Fleeing the Syrian conflict, they
arrived in Germany, where the authorities took the young wife
into care due to her minor status. Citing the Act to Prevent Child
Marriages 2017, the German courts automatically invalidated the
marriage under Article 13(3) no. 1 of the Introductory Act to the
Civil Code (EGBGB), which prohibits the recognition of marriages if
one spouse was under 16 at the time. The husband contested this,
arguing that their marriage was valid under Syrian law and should
be recognized in Germany.
134. The Federal Constitutional Court of Germany ruled that, although
the state has a legitimate interest in protecting minors from child
marriage, the automatic invalidation of marriages involving minors
under 16 was unconstitutional.194 The Court found that the law lacked
provisions for dealing with the legal consequences of invalidation,
and it failed to offer the possibility of validating the marriage once
both parties reached adulthood. This automatic invalidation was
seen as conflicting with Article 6(1) of the German Basic Law,
which protects the right to marry and form a family195. It is a right
that is based on the free will, equality and autonomy of the partners
and involves special mutual obligations, with the official ceremony
of marriage serving to substantiate the marriage through a formal
act.196
135. The Court recognised that the invalidation of such marriages not
only safeguards minors from the inherent risks associated with
marital cohabitation but also enhances the legal options available to
guardians. They can determine the living arrangements of married

and economic development of women, who are mostly affected.
193 See BVerfG, Order of the First Senate of 1 February 2023 - 1 BvL 7/18 (Germany).
194 Ibid, Para 44-45.
195 Ibid, Para 107.
196 Ibid, Para 114 -116.
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minors without considering their marital status, ensuring that decisions
prioritize the child’s best interests under IHRL197. Protecting minors
from early marriage aligns with the state’s duty to uphold life and
physical integrity under Article 2(2) of the German Basic Law and
addresses the need to eliminate disadvantages faced by women.
As a result, the court ordered the legislature to amend the law by
30 June 2024, to address these gaps, thus providing legal clarity on
the status of such marriages and offering a pathway for validation
after reaching adulthood.198 This case illustrates the complexities
involved in addressing child marriage within Europe, particularly in
the context of refugees and migration. While the German law aimed
to protect minors, the Federal Constitutional Court emphasized the
need for balance.
136. In India, the PCMA protects child brides and any child born from a
child marriage by prescribing for their maintenance, residence and
custody. Further, any child born from such a marriage is deemed
legitimate. These provisions apply even when the marriage has been
nullified at the instance of the minor contracting party. India therefore
does not have the same legal gap that the Federal Constitutional
Court observed in German law. Protections of maintenance, residence
and custody under family law are a recognition of the responsibilities
that society places on families after marriage. The philosophy is that
a law must not merely penalise criminal action – in this case child
marriage – but must also compensate and address the harm meted
out to the victim.

iii. SAARC
137. Child marriage is a significant concern in South Asia, where
approximately one in four young women are first married or in union
before reaching the age of eighteen.199 The prevalence of child
marriage varies greatly across the region, with over 50% of girls
married before eighteen in Bangladesh, compared to only 2% in the
Maldives.200 Furthermore, even within individual countries, disparities

197 Ibid.
198 Ibid, Para 190-192.
199 UNICEF (2023). A Profile of Child Marriage in South Asia; UN (2022). United Nations Department of
Economic and Social Affairs, Population Division, World Population Prospects.
200 Ibid.
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exist; for example, Afghanistan shows a tenfold difference in child
marriage rates across its provinces.201 Although child marriage is less
common among boys, it still occurs, with nearly 1 in 10 young men
in Nepal reporting childhood marriages.202 Despite these challenges,
South Asia is recognized for its progress in reducing child marriage
rates, showcasing a potential pathway for other regions facing similar
issues.
138. The SAARC Charter,203 established in 1985, lays the foundation
for regional cooperation among the eight South Asian countries—
Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan,
and Sri Lanka. It emphasizes the need for collaboration in various
sectors, including social development, which encompasses
the protection of children’s rights. The Convention on Regional
Arrangements for the Promotion of Child Welfare in South Asia,
adopted in 2002,204 specifically addresses the alarming prevalence
of child marriage in the region. This Convention recognizes child
marriage as a violation of children’s rights and advocates for legislation
to set a minimum marriage age, promote awareness, and protect
children from harmful practices.
139. The Convention reinforces the commitment of SAARC member
states to create a protective environment for children by calling
for effective measures to combat child marriage. This includes the
establishment of monitoring systems, the promotion of education,
and the mobilization of community resources to challenge cultural
norms that perpetuate child marriage.

C. Rights based framework
140. Child marriage is forced marriage and international law recognises
it as such. Early marriage, or child marriage involves children under

201 Ibid.
202 Ibid.
203 The Charter of the South Asian Association for Regional Cooperation; The objectives of the association
are to: a) promote the welfare and quality of life of the peoples of South Asia; b) accelerate economic
growth, social progress, and cultural development, ensuring individuals can live with dignity and realize
their full potential; c) enhance collective self-reliance among South Asian countries; d) foster mutual
trust, understanding, and appreciation of shared challenges; e) encourage collaboration and mutual
assistance in economic, social, cultural, technical, and scientific areas; (f) strengthen cooperation with
other developing countries; g) collaborate in international forums on common interests; h) engage with
international and regional organizations with similar goals
204 The Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, 2002.
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eighteen years. The majority of child marriages involve minor girls. The
joint General Recommendation and Comment on harmful practices
from the CRC and the CEDAW Committee states205:
“A child marriage is considered to be a form of forced
marriage, given that one and/or both parties have not
expressed full, free, and informed consent. As a matter
of respecting the child’s evolving capacities and autonomy
in making decisions that affect her or his life, a marriage
of a mature, capable child below 18 years of age may be
allowed in exceptional circumstances, provided that the
child is at least 16 years of age and that such decisions
are made by a judge based on legitimate exceptional
grounds defined by law and on the evidence of maturity,
without deference to culture and tradition.”
(emphasis supplied)
141. The joint General Recommendation and Comment proposed a detailed
regime of laws to address forced and early marriage, including raising
awareness, addressing root causes, ensuring proper registration
of births and marriages, protection orders, and ensuring access to
remedies and reparations, including the use of criminal law.206
142. This issue has been dealt with in international case laws as well.
In Prosecutor v. Dominic Ongwen,207 the International Criminal
Court’s Appeals Chamber focused on a former commander of the
Lord’s Resistance Army who was charged with war crimes and
crimes against humanity. The court had to adjudicate whether the
legal characterization of ‘forced marriage’ could be classified as an
‘other inhumane act’ under Article 7(1) of the Rome Statute.208 The
Trial Chamber noted that forced marriage is similar in nature and
gravity to the acts listed in Article 7(1).209

205 Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women /General comment No. 18 of the Committee on the Rights of the Child on harmful practices”, UN
DocCEDAW/C/GC/31-CRC/C/GC18 (2014), para 20.
206 Ibid.
207 No. ICC-02/04-01/15 A A2 (Ongwen Trial Judgment).
208 The Rome Statute, Article 7(1); “Other inhumane Act” is defined as (k) Other inhumane acts of a similar
character intentionally causing great suffering, or serious injury to body or to mental or physical health”
209 Ongwen Trial Judgment, para. 2751.
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143. The violation of relational autonomy has been characterized in
various ways under international law. Within the framework of
international human rights law, forced marriage fundamentally
denies individuals the right to freely and consensually enter into a
conjugal union. This denial not only infringes upon personal liberty
but also undermines the essential dignity and agency of individuals,
particularly women, who are disproportionately affected by such
practices. The Court noted:
“The first type of harm caused by forced marriage, the
violation of relational autonomy, has been described in
various ways under international law. Under international
human rights law, the crux of forced marriage is the
denial of the right to freely and consensually enter into
marriage. In other words, the focus is on consent to
marriage. For example, the International Covenant
on Civil and Political Rights (“ICCPR”) states that
“No marriage shall be entered into without the free
and full consent of the intending spouses”. Similarly,
the Convention on the Elimination of All Forms of
Discrimination Against Women (“CEDAW”). The
same right freely to choose a spouse and to enter
into marriage only with their free and full consent”.
International human rights law bodies have recognized
that forced marriage, as defined under international human
rights law, can take place both in peacetime and in armed
conflict. International criminal law similarly recognizes the
deprivation of relational autonomy through the imposition
of a “conjugal union” on a victim. This union need not
be marriage as recognized under domestic law, as it
also includes relationships in which the victim is forcibly
attached to a particular person outside of the context of
domestic marriage law. These forced conjugal unions
can take place during armed conflict or ‘peacetime’ mass
atrocity, and under oppressive regimes, and can occur
regardless of the victim’s existing marriage status.”
(emphasis supplied)

i. Right to free choice and autonomy
144. The issue of forced marriage is intricately linked to child marriage, as
both practices deny individuals, particularly minors, the fundamental
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right to make autonomous decisions regarding their lives. The imposition
of forced marriage reflects the broader systemic issue of coerced
relationships that deny the victims agency and autonomy. This lack of
agency is heightened in the context of child marriage, where children
are subjected to societal and familial pressures that undermine their
ability to give informed consent. This mirrors the definition of forced
marriage as articulated in international law, where relational autonomy
is violated, and the individual’s right to freely choose a partner is
disregarded. International law has evolved a rights-based framework
to address myriad issues. Child marriage is an evil against which the
international community has reflected its commitment through the
recognition of rights. These rights are traced below.
145. This encompasses the right to free and informed consent and the
right against gender-based violence.210 These interconnected rights
form the foundation for ensuring that marriage is a consensual
partnership rather than a coercive arrangement, particularly when
addressing the issue of child marriage.

a. Right to free and informed consent
146. Various international instruments211 emphasize the necessity for
parties entering into marriage to provide free and full consent.
CEDAW’s General Recommendations on Marriage and family
relations further elucidate that when men and women marry, they
assume important responsibilities. Consequently, marriage should
not be permitted before they attain full maturity and capacity to act.212
For women to exercise full, free, and informed consent as outlined
in Article 16(1)(b) of CEDAW,213 they must possess the cognitive
capacity to comprehend the meaning and responsibilities associated
with marriage. This entails having access to comprehensive
information about their potential spouse, understanding the institution

210 ‘GBV’
211 See Article 16(2) of the Universal Declaration of Human Rights (UDHR) 1948, Article 10(1) of the
International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966, Article 23(3) of
the ICCPR, Article 1 of the UN Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages 1962, Article 16(1)(b) of the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) 1975, Article 17(3) of the American Convention on Human
Rights 1969, and Article 33 of the Arab Charter on Human Rights 2004.
212 UN Committee on the Elimination of Discrimination Against Women, CEDAW General Recommendation
No. 21: Equality in Marriage and Family Relations 1994, para 16.
213 CEDAW, article 16(1)b states ‘The same right freely to choose a spouse and to enter into marriage only
with their free and full consent’.
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of marriage, and recognizing their rights to choose if, when, and
whom to marry.
147. This principle has been elucidated in different judgments, reinforcing
the right to free and informed consent within the context of marriage.
In National Coalition for Gay and Lesbian Equality v. Minister
of Justice214 the Constitutional Court of South Africa emphasized
that autonomy encompasses more than mere freedom from state
interference; it acknowledges the need for individuals to choose their
partners freely. The court in that case held that:
“117. Autonomy must mean far more than the right to occupy
an envelope of space in which a socially detached individual
can act freely from interference by the state. What is crucial
is the nature of the activity, not its site. While recognising
the unique worth of each person, the Constitution does
not presuppose that a holder of rights is as an isolated,
lonely and abstract figure possessing a disembodied and
socially disconnected self. It acknowledges that people
live in their bodies, their communities, their cultures, their
places and their times. It is not for the state to choose or
to arrange the choice of partner, but for the partners to
choose themselves”
148. Similarly in Artavia Murillo ET AL v. Costa Rica,215 the Inter-
American Court of Human Rights addressed the question of whether
the State’s prohibition on the practice of in vitro fertilisation (IVF)
constituted an arbitrary interference with the right to private life. The
court affirmed that the right to private life extends beyond privacy to
include personal autonomy and the freedom to establish relationships.
The Court held that:
“The scope of the protection of the right to private life
has been interpreted in broad terms by the international
human rights courts, when indicating that this goes
beyond the right to privacy. The protection of private
life encompasses a series of factors associated with
the dignity of the individual, including, for example,
the ability to develop his or her own personality and

214 1999 (1) SA 6, CC (South Africa).
215 Inter-Am. Ct. H.R. (Ser. C) No. 257 (American Court of Human Rights).
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aspirations, to determine his or her own identity and
to define his or her own personal relationships. The
concept of private life encompasses aspects of physical
and social identity, including the right to personal autonomy,
personal development and the right to establish and
develop relationships with other human beings and with the
outside world. The effective exercise of the right to private
life is decisive for the possibility of exercising personal
autonomy on the future course of relevant events for a
person’s quality of life. Private life includes the way in which
individual views himself and how he decides to project this
view towards others, and is an essential condition for the
free development of the personality.”
(emphasis supplied)
149. These judgments emphasize the critical role of free and informed
consent in marriage, particularly regarding child marriage.

b. Right against gender-based violence
150. Further, the right against GBV is recognised. Article 34 of the
CRC provides a right to protection from sexual exploitation and
abuse, defining child marriage as a form of sexual exploitation.216
Article 19 prohibits all forms of physical or mental violence, abuse, or
exploitation, with many young brides suffering these consequences.217
Child marriage frequently leads to violence against child wives,
and although CEDAW does not specifically label child marriage as
violence against women, it identifies forced marriage as a form of
family violence in General Recommendations 19 on violence against
women.218 The Committee interprets Articles 2(f), 5, and 10(c)
together, recognizing that traditional attitudes regarding women’s
subordination perpetuate practices involving violence or coercion,
such as forced marriage.219
151. The UN Declaration on the Elimination of Violence against Women,
adopted by the General Assembly, defines violence as any act

216 CRC, Article 34.
217 CRC, Article 19.
218 See CEDAW General Recommendation No. 19: Violence against Women, Adopted at the Eleventh
Session of the Committee on the Elimination of Discrimination against Women (1992), Document
A/47/38 [Para 11].
219 Ibid, [Para 24].
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of GBV that results in, or is likely to result in, physical, sexual, or
psychological harm or suffering to women.220 The Declaration calls on
States to exercise due diligence to prevent, investigate and punish
acts of violence against women. Article 4 requires member states to
condemn violence against women and not invoke custom, tradition,
or religion to evade their obligations to eliminate such violence.221
152. The Istanbul Convention is the first international treaty to contain
a definition of gender as a socially constructed category that
defines “women” and “men” according to socially assigned roles,
behaviours, activities, and attributes.222 It firmly establishes the link
between achieving gender equality and the eradication of violence
against women. Based on this premise, it recognizes the structural
nature of violence against women and that it is a manifestation
of the historically unequal power relations between women and
men. The Convention specifically asks State parties to ensure that
culture, custom, religion, tradition or so-called ‘honour’ shall not be
considered as justification for any acts of violence. Evidently, the
human and fundamental right against GBV has found firm roots
in the international sphere. This affords protection against child
marriage, as it is a form of GBV that disproportionately affects
girls and women. It subjects them to early and forced marriages
perpetuating power imbalances and often leading to physical,
emotional, and sexual abuse.

ii. Right to education
153. The right to education is violated by the commission of child marriage
under international law. These rights are manifested in the rights
of children to – primary education, information, and sex education.

a. Right to primary education
154. The CRC mandates that States ensure primary education is free and
compulsory. Article 28 states that the child has the right to education,223

220 UN General Assembly, Declaration on the Elimination of Violence against Women, A/RES/48/104, UN
General Assembly (20 December 1991).
221 DEVAW, Article 4.
222 Council of Europe (2014). The Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence.
223 CRC, Article 28.
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while Article 29 emphasizes that education should develop the
child’s personality, talents, and abilities, as well as promote respect
for human rights and fundamental freedoms.224
155. The CRC’s Guidelines for Periodic Reports require States to outline
specific measures taken to ensure compulsory primary education,
including minimum age for enrolment and compulsory education.225
The Committee further extends this obligation to include secondary
education, reinforcing the need for comprehensive educational
policies. The Concluding Comments of the CEDAW Committee has
expressed ongoing concern regarding the impact of early and forced
marriages on school dropout rates among girls and urged States to
adopt all available measures to eliminate child marriage.226
156. Research from UNESCO highlights that, in many countries, marriage
and schooling are seen as mutually exclusive.227 In South Asia,
particularly in Bangladesh, India, and Nepal, child brides are four
times more likely to be out of school than their unmarried peers.228
While the relationship between education and child marriage is clear,
the mechanisms driving this connection are complex, suggesting
that interventions must be multifaceted to address both issues
simultaneously.

b. Right to be informed
157. International obligations also emphasize the importance of awareness
and education regarding the adverse effects of child marriage.
Article 12 of the CRC asserts that children should be provided with
information that aids their understanding of issues affecting them,
including the potential consequences of early marriage.229 The right
to be informed empowers young individuals to make autonomous

224 CRC, Article 29.
225 Concluding observations of the UN Committee on the Rights of the Child (2002-2023) – extracts
concerning inclusive education and disability, gender and ethnic background and related issues.
226 See Concluding observations of the UN Committee on the Elimination of Discrimination Against Women
(2002-2010) – extracts concerning inclusive education; Also see CEDAW Committee Concluding
Observations, India (Jan 1990). UN Doc. A/55/38, Para 78.
227 UNESCO (2021). Reimagining our futures together: a new social contract for education, International
Commission on the Futures of Education; See also UNFPA (2012). Marrying Too Young: End Child
Marriage, 76 p.
228 Ibid.
229 CRC, Article 12.
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choices about their lives, fostering an environment conducive to
resisting harmful practices such as child marriage. Education plays
a critical role in this regard; when girls are aware of their rights and
the detrimental effects of early marriage on their health, education,
and economic prospects, they are better equipped to advocate for
themselves and their peers.

c. Right to sex education
158. Major United Nations conferences of the 1990s, such as the
International Conference on Population and Development230 held
in Cairo in 1994, emphasized the importance of human rights,
gender equality, sexual and reproductive health, and HIV/AIDS
awareness. 231 The ICPD’s Programme of Action affirmed that
sexual health is a vital component of overall health, stating that
all individuals should have access to information and services
related to sexual and reproductive health.232 In subsequent years,
documents like the Yogyakarta Principles233 and the Bali Global
Youth Forum have built upon these foundations, addressing the
rights of marginalized groups, including adolescents, to access
comprehensive sexuality education. In 2012, the UN Commission
on Population and Development reaffirmed these principles - calling
states to provide evidence-based comprehensive education on
human sexuality, sexual and reproductive health, human rights,
and gender equality, enabling youth to engage with their sexuality
positively and responsibly.234
159. In a landmark ruling, the European Court of Human Rights235 upheld
young people’s right to sexuality education in schools. This case

230 “ICPD”
231 UN Population Fund (1995). Report of the International Conference on Population and Development,
Cairo, 5-13 September 1994, A/CONF.171/13/Rev.1; UN coordinated an International Conference on
Population and Development (ICPD) in Cairo, Egypt. Its resulting Programme of Action is the steering
document for the United Nations Population Fund (UNFPA).
232 Ibid.
233 International Commission of Jurists (2007). Yogyakarta Principles: Principles on the Application of
International Human Rights Law in Relation to Sexual Orientation and Gender Identity. International
Commission of Jurists.
234 See UNESCO (2018). International technical guidance on sexuality education: an evidence-informed
approach.
235 A.R. and L.R. v. Switzerland, application no. 22338/15 (EtCHR).
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involved a refusal by a primary school to grant a request from a
parent seeking to exempt her daughter, then seven years old, from
sex education lessons. The EtCHR opined that this refusal violated
the right to freedom of thought, conscience, and religion. It also
violates Article 2 (the right to life) and Article 8 (the right to respect
for private and family life). The Court recognized that one of the
aims of sex education is to prevent sexual violence and exploitation,
threats that compromise children’s physical and mental health.236 It
also stressed that state education should prepare children for social
realities, justifying the inclusion of sexual education for even very
young children in primary education.

iii. Right to development of children
160. A lack of education denies girls their right to personal development
as guaranteed in the CRC which is crucial for them to prepare
for adulthood and effectively contribute to the future well-being
of their families and society. The CRC highlights the significance
of personal development, emphasizing that every child has the
inherent right to develop their personality, talents, and mental and
physical abilities to their fullest potential.237 The right to personal
development is intricately linked to various aspects of a child’s
well-being, particularly health. The CRC interrelates with five other
articles,238 which collectively address eight specific dimensions of
child development that require protection: physical development,
mental development, moral development, social development,
cultural development, spiritual development, development of the
personality, and development of talent.
161. Under Article 29(1)(a) of the CRC, States Parties agree that the
education of the child shall be directed toward the development
of the child’s personality, talents and mental and physical abilities
to their fullest potential.239 Article 29(1)(d) further emphasizes that
education should be oriented toward the preparation of the child
for a responsible life in a free society, in the spirit of understanding,

236 Ibid.
237 See OHCHR (2013). Realising the Right to Development: Essays in Commemoration of 25 Years of the
United Nations Declaration on the Right to Development.
238 CRC, Articles 18(1), 23(3), 27(1), 29(1)(a), and 32(1).
239 CRC, Article 29(1)(a)
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peace, tolerance, equality of sexes, and friendship among all
peoples.240 Similarly, Article 13(1) of the International Covenant on
Economic, Social and Cultural Rights241 stipulates that education
shall enable all persons to participate effectively in a free society.242
Article 13(2) reinforces this by asserting that education should be
directed to the full development of the human personality and the
sense of its dignity.”243
162. As Professor Nico Schrijver argues, the right to development
functions as a cluster right, encompassing a range of interconnected
rights.244 These include the right to a decent standard of living, which
encompasses the right to food, water, clothing, and housing; the
right to work; the right to education; the right to life; and the right to
freedom of expression and organization. Together, these rights form
a comprehensive ‘human right to development,’ which is essential for
empowering children, particularly girls, to realize their full potential
and actively participate in their communities. As we shall explore
below, these rights ought to influence our understanding of the law
in dealing with child rights in India.

VII. India’s obligation
163. Article 51 of the Indian Constitution emphasizes the importance of
international law and treaty obligations, urging the Indian state to
make concerted efforts to adhere to and respect international legal
standards245. This provision establishes a foundation for integrating
international human rights law into domestic legal frameworks,
particularly concerning the protection of vulnerable populations such
as children.
164. This Court has consistently affirmed India’s obligation with regard
international conventions and norms when interpreting domestic

240 CRC, Article 29(1)(d).
241 UN General Assembly (1966). International Covenant on Economic, Social and Cultural Rights, United
Nations, Treaty Series, vol. 993, p. 3.
242 ICESCR, Article 13(1).
243 ICESCR, Article 13(2).
244 Nico Schrijver, Development without Destruction: The UN and Global Resource Management
(Bloomington, Indiana University Press, 2010), p. 221.
245 The Constitution of India, Article 51; The article deals with Promotion of international peace and security -
The State shall endeavour to--(a) promote international peace and security; (b) maintain just and
honourable relations between nations;(c) foster respect for international law and treaty obligations in the
dealings of organised peoples with one another; and (d) encourage settlement of international disputes
by arbitration.
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laws.246 In Vishaka v. State of Rajasthan,247 this Court formulated
basic principles and guidelines based on international instruments
aimed at preventing sexual harassment at the workplace.248 In Vellore
Citizens Welfare Forum v. Union of India249 this Court recognized
aspects related to sustainable development as part of customary
international law.
165. In Apparel Export Promotion Council v. AK Chopra250 this Court
had the occasion to opine on the judiciary’s obligation to give due
regard to international conventions, particularly when there is no
inconsistency between these conventions and domestic laws, or
when domestic law is silent on a particular issue.
“This Court has in numerous cases emphasized that
while discussing constitutional requirements, court and
counsel must never forget the core principle embodied
in the international conventions and instruments and as
far as possible, give effect to the principles contained in
those international instruments. The courts are under an
obligation to give due regard to international conventions
and norms for construing domestic laws, more so, when
there is no inconsistency between them and there is a
void in domestic law.”
166. In M/s Entertainment Network (India) Ltd. v. M/s Super Cassette
Industries Ltd.251 this Court expressed its willingness to adopt
principle of international conventions to which India is not a signatory
where they were compatible with Indian law. This approach was
further exemplified in Ravindra Kumar Dhariwal v. Union of India252

246 See Prem Shankar Shukla v. Delhi Admn. (1980) 3 SCC 526; Mackinnon Mackenzie and Co. Ltd. v.
Audrey D’ Costa (1987) 2 SCC 469; Sheela Barse v. Secy., Children’s Aid Society [(1987) 3 SCC 50, 51]
SCC at p. 54; Vishaka v. State of Rajasthan (1997) 6 SCC 241; People’s Union for Civil Liberties v. Union
of India (1997) 3 SCC 433 and D.K. Basu v. State of W.B. (1997) 1 SCC 416, 438.
247 [1997] Supp. 3 SCR 404 : 1997 AIR 3011
248 These guidelines were informed by several international instruments, including the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW), the Universal Declaration of
Human Rights, and the International Labour Organization (ILO) Convention No. 111 on discrimination in
employment.
249 1996 INSC 952; The Court incorporated principles like the “precautionary principle” and the “polluter
pays principle” into domestic law.
250 [1999] 1 SCR 117 : (1999) 1 SCC 759
251 This position has been reiterated by various other decisions of this Court. See, for instance, National
Legal Services Authority v. Union of India (2014) 5 SCC 438.
252 Ravinder Kumar Dhariwal v Union of India, 2021 INSC 916.
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where this Court maintained that even when India is not a signatory
to certain international treaties, the principles enshrined within them
could still inform the interpretation of domestic legislation.
167. The overarching theme emerging from these judgments is that India
has a dual obligation: to respect its commitments under international
treaties and to interpret domestic laws in a manner consistent with
international human rights standards. This is particularly relevant
concerning child marriage, as India has ratified several international
instruments that set the minimum age for marriage at eighteen,
including CEDAW253 and the CRC254. Moreover, even if India is not
a party to certain regional conventions that address child marriage
directly, the principles of non-discrimination, the best interests of the
child, and the right to free and informed consent should guide national
legislation and policy in this area. These fundamental principles are
embedded in various international human rights instruments and
form the backbone of child protection efforts globally.
168. As Prof. Rangita De Silva-De Alwis argues in her report, Child
Marriage and the Law – Legislative Reform Initiative Paper Series255
child marriage must be treated as a human rights issue to highlight its
seriousness and prompt state parties to amend their laws and policies
accordingly.256 She also emphasises that framing child marriage
within international treaties compels States to be accountable for their
inaction on this issue. If a treaty establishes a monitoring body or a
mechanism to address complaints, any non-compliant state party may
face public rulings against it.257 We believe that such public scrutiny
can pressure the state to implement effective measures that protect
children from the harmful effects of early marriage.

VIII. Constitutional guarantees against child marriage
169. The right to free choice and autonomy, education and development
of the child with all their offshoots are firmly recognised in this

253 India ratified the Convention on the Elimination of All Forms of Discrimination against Women on July 9,
1993.
254 India ratified the Convention on the Rights of the Child in 1992.
255 Rangita De Silva De-Alwis, Child Marriage and the Law – Legislative Reform Initiative Paper Series
(New York: Division of Policy and Planning, UNICEF, 2007), para 28.
256 Ibid, 6.
257 Ibid; See also Douglas, ‘The Significance of International Law’, 89-90.
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Court’s jurisprudence and the myriad legislations in India which
we have traced above. The evolution and progress of child rights
in the international arena have simultaneously been evolved and
recognised in India.
170. The material deprivation of health, education, employment and life
opportunities wreaked by child marriage is an affront to cherished
constitutional principles of equality, liberty and free expression.
Children who are thrown into forced marriages are deprived of their
right to development of the child. Three quarters of a century after
the commencement of the Constitution, child marriage remains a
present and continuous threat to our society, social progress and
individual liberty. The Constitution does not countenance such an
affront. We shall trace the gamut of rights accruing against child
marriage from the Constitution.
171. The right to life and liberty enshrined in Article 21 of the Constitution258
is violated by the commission of child marriage. All children married
as minors are denied their right to choice and autonomy, right to
education, right to sexuality and the right to development of the child.
Girls who are married as children are denied their right to health.
First, we shall analyze the right to choice, autonomy and sexuality,
then we shall explore the right to health. We shall thereafter trace
the right to childhood which includes the right to education and
development.

A. Right to self-determination: choice, autonomy and sexuality
of children
172. Life’s meaning for any person is animated by their dignity, the ability
to make free choices, the autonomy to have them translated into
reality and to plan the peaks and troughs of life in good health. The
journey a person travels from birth to death is made meaningful and
enjoyable by the realization of these rights which are guaranteed
under Article 21.
173. Child marriage deprives children of their agency, autonomy and
right to fully develop and enjoy their childhood. The right to free
choice and autonomy in marriage encompasses three fundamental
rights: the right to free and informed consent, the right against
gender based violence, and the right to sexual autonomy. These

258 Article 21, The Constitution of India.
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interconnected rights form the foundation for ensuring that marriage
is a consensual partnership rather than a coercive arrangement,
particularly when addressing the issue of child marriage.
174. Girls who are married off early are not only denied their childhood
but are also forced into social isolation on account of being cutoff
from their natal family, friends and other support systems. They are
left to the mercies of their marital home and in-laws and denied their
innocence which is native to a meaningful childhood experience. Boys
who are married early are forced to take up more responsibilities and
are pressured to play the role of a provider to the family, earlier in
life. Patriarchy requires members of a marital union to play specific
roles. It forces men to play the public role in a marriage and fend for
the family by being responsible for its economic and occupational
development. Both sexes are adversely affected by forced and early
marriage.
175. In India, marriage has traditionally been a religious ceremony
organised by the families of the bride and groom. The union is looked
at as an integration of the two families and the object of facilitating
an organically compatible relationship between the bride and the
groom is inconsequential. The mandate to recreate a patriarchal
family structure is tied to social norms and expectations. One of the
primary manifestations of this is the control over sexuality. While
social norms rooted in a patriarchal mindset seek to control the
sexuality of all persons, its nexus with child marriage is undeniable.
176. Patriarchy offends the most basic rights of people by creating a
hierarchy-based order of subjugation and static power distribution in
society. When an institution of patriarchy operates, it never denies
rights in a unidimensional way. The frontal assault of patriarchal
institutions is in, all at once, denying any deviance and valuing some
over others. In the instance of child marriage, the right to sexuality
of a person is systematically dismantled. The assault starts with the
sexualisation of the child at a tender age. As we have stated above,
marriage is an institution with legal standing in which sexual conduct
is legitimised and promoted by the State and society. Marrying in
childhood has the effect of objectifying the child. The practice of child
marriage imposes mature burdens on children who are not physically
or mentally prepared to comprehend the significance of marriage.
When women are forced into marriages to protect their ‘chastity’
and ‘virginity’ she is denied her right to sexuality, bodily autonomy
and the freedom to make choices for herself as she sees fit.
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177. The minor is then boxed with the expectation of compulsory
heterosexuality. The ability of a person to experience sexual desire
organically and to navigate their choice in intimacy is effaced
at the altar of tradition and social norm. At an age which must
be instructed by the ability to make mistakes and learn from life
experiences, children are stunted and forcibly fit into boxes. The
multi-dimensional assault of child marriage is therefore not only
oppressive to heterosexual girls and boys but also to all gender
and sexual minorities. Choices in matters of sexuality are integral
to human desire. Our Constitution recognises the right a person
has over all aspects of their sexuality.259 The control of the sexuality
of a girl child from orthodox moral virtues restricts her ability to
experience life in its fullest dimension. Sexuality is not only the
orientation a person may have in matters of romance and intimacy
but also the ability to navigate the desires of a person regardless
of their choice of partner or the option not to have a partner. Men
and women alike are victimised by compulsory heterosexuality. In
child marriage, their limited agency within heteropatriarchy is also
taken away in infancy.
178. Upon marriage, a girl is expected to bear children and prove her
fertility. Decisions of reproduction are withdrawn from the girl and
placed in the hands of the family. The right to choice and autonomy
of a woman who is married as a child is violated by the system
of child marriage. When minor girls are forced to make conjugal
relations, they experience post-traumatic stress and depression
emanating from sexual abuse by an elder partner.260 Child marriage
leads to irreversible physical and psychological damage in girls.
Her choice is eviscerated in matters of selection of partner, time of
marriage, reproductive freedom and sexuality. Article 21 protects
these rights.261
179. In X v. Principal Secretary,262 a three-Judge Bench of this Court
speaking through one of us (DY Chandrachud, CJ) held that the right
to choice and autonomy includes the right to reproductive freedom.
Elucidating on the contours of this right, the Court held as follows:

259 Navtej Singh Johar v. Union of India (2018) 10 SCC 1; Joseph Shine v. Union of India (2019) 3 SCC 39.
260 NCPCR (2017). A Statistical Analysis of Child Marriage in India, Based on Census, 2011. Young Lives
and National Commission for Protection of Child Rights.
261 Shafin Jahan v. Ashokan KM (2018) 10 SCC 1; X v. Principal Secretary (2023) 9 SCC 433
262 [2022] 12 SCR 246 : (2023) 9 SCC 433
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“101. The ambit of reproductive rights is not restricted to
the right of women to have or not have children. It also
includes the constellation of freedoms and entitlements that
enable a woman to decide freely on all matters relating to
her sexual and reproductive health. Reproductive rights
include the right to access education and information
about contraception and sexual health, the right to decide
whether and what type of contraceptives to use, the
right to choose whether and when to have children, the
right to access safe and legal abortions, and the right
to reproductive healthcare. Women must also have the
autonomy to make decisions concerning these rights, free
from coercion or violence.”
180. This Court has also articulated the right to self-determination in
National Legal Services Authority v. Union of India.263 Choice
and autonomy are the vocabulary in which self-determination is
exercised. This court held that the right to self-determination which
is protected under Article 21 of the Constitution includes the right
of a person to determine their gender. The meaningful realisation
of this right assumes that the underlying conditions in the society
are feasible for its free exercise. This Court in NALSA (supra) has
held that the right to self-determination is an integral part of personal
autonomy and self-expression and falls within the realm of personal
liberty guaranteed under Article 21 of the Constitution of India.
181. A nine-Judge Bench of this Court in KS Puttaswamy (Privacy-9J)
v. Union of India,264 held that the fundamental right to privacy
connotes the right to spatial control, decisional autonomy, and
information control. This Court held that privacy is an essential aspect
of dignity and protects the ability to make choices for oneself. This
Court has conclusively held that personal aspects of life, including
family, marriage, procreation and sexual orientation are intrinsic to
the dignity of an individual and enjoys protection under Article 21.
From this emerges the ability of a person to retain autonomy of their
body and mind.
182. The Court held that liberty enables the individual to have a choice
of preferences on various facets of life including what and how one

263 [2014] 5 SCR 119 : (2014) 5 SCC 438
264 [2017] 10 SCR 569 : (2017) 10 SCC 1 at 298
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will eat, the way one will dress, the faith one will espouse and a
myriad other matters on which autonomy and self-determination
require a choice to be made within the privacy of the mind. In Anuj
Garg v. Hotel Association of India,265 a three-Judge Bench of this
court held that the right to self-determination is an integral offshoot
of gender justice discourse. Justice SB Sinha speaking for the Court
held that the law and its enforcement strategies must reflect the right
of women to freedom.
183. Despite the enactment of the PCMA, the abysmal number of
prosecutions and the continued existence of the practice violates the
essence of this Court’s holding. These rights and values are equally
iterated in international law to which India owes an obligation.

B. Right to health
184. The right to reproductive freedom which we have traced above is
part of the constellation of rights in which the right to the health of a
person also finds its place. Article 21 of the Constitution guarantees
the right to life and personal liberty. Neither of these elements could
be completely fulfilled without the ability of individuals to lead a healthy
life. Our Constitution recognises the right to health as an inalienable
aspect of the right to life and personal liberty under Article 21.266
Women who are married young are forced to bear children earlier
in life. They are likely to have their first childbirth before the age of
eighteen and are likely to conceive more than once within twenty-four
months. The health penalty imposed on women in child marriages is
writ large in the complications arising from adolescent pregnancies.
Teenage pregnancy leads to health complications such as fistula,
pregnancy complications and death during childbirth. Early childbirth
also leads to the deterioration of maternal mortality and morbidity.
185. The maternal morbidity is associated with adolescent fertility – typical
to child marriage. It is marked by common negative health outcomes
such as anaemia, high blood pressure, toxaemia, delayed or obstructed
labour, complications in pregnancy and weight loss during lactation.267

265 [2007] 12 SCR 991 : (2008) 3 SCC 1
266 Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286; Paschim Banga Khet Majoor Samiti v. State
of West Bengal (1996) 4 SCC 37
267 Jaya Sagade. Child Marriage in India: Socio-legal and human Rights Dimensions. Oxford University
Press, 2nd ed. (2012) 17.
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The adverse health effects of early marriage and pregnancy have
dented the nutritional status of adolescent girls in India. These ill
health outcomes haunt the woman throughout her life cause severe
impediments in navigating the daily trifles and occasions of life.
186. Studies have shown that women married as children are more likely to
be sterilized earlier in life. The sterilization is associated with families
getting the desired number of children earlier in the marital life of the
couple. Sterilization of women in child marriage is indicative of loss
of control of a woman over her own reproductive choices. This also
leads to more unprotected sex which may expose women to risks
of contracting sexually transmitted diseases like HIV.
187. In Independent Thought v. Union of India,268 this Court struck
down the marital exception to rape in Section 375 IPC as it relates
to underage wives. The Court had the opportunity to delve into the
effects of child marriage and its interposition with the right to health.
Justice Deepak Gupta in his opinion has traced the right to health
in the context of child marriage as follows:
“179. There can be no dispute that every citizen of this
country has the right to get good healthcare. Every citizen
can expect that the State shall make best endeavours
for ensuring that the health of the citizen is not adversely
affected. By now it is well settled by a catena of judgments
of this Court that the “right to life” envisaged in Article 21
of the Constitution of India is not merely a right to live an
animal existence. This Court has repeatedly held that
right to life means a right to live with human dignity.
Life should be meaningful and worth living. Life has
many shades. Good health is the raison d’être of a
good life. Without good health there cannot be a good
life. In the case of a minor girl child good health would
mean her right to develop as a healthy woman. This
not only requires good physical health but also good
mental health. The girl child must be encouraged to
bloom into a healthy woman. The girl child must not
be deprived of her right of choice.....”
(emphasis supplied)

268 [2017] 13 SCR 821 : (2017) 10 SCC 800
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188. Child marriage inflicts tangible and lifelong physical and mental injuries
to its members. The right to health is made illusory by all accounts
within such an institution. The effect of child marriage denies women
their health which is vital to lead a dignified life.

C. Right to childhood: education and development
189. Childhood represents the best of what human life has to offer. A
good childhood is marked by limitless imagination and the ability
to dream big. The audacity to envision futures filled with success,
happiness, divergence and enjoyment occurs naturally to all – but
is manifested most authentically in childhood. The right to childhood
is the right to be able to develop the experiences of childhood
into tangible life skills and intellectual pursuits. It is marked by
the expectation of the child that they are not on their own but are
entitled to the supportive network of their parents, siblings, family,
friends and the entire society. As the saying goes – it takes a village
to raise a child. The foremost method by which society commits to
developing a child is by imparting education. Institutions of learning
are centres for society to channel knowledge and experience and
make them available to children. Education allows its recipients to
benefit from the best of human advances and claim a degree of
ownership in its fruits.
190. Education allows a person to develop and articulate their thoughts
and learn the language of global engagement. It is a call for greater
emancipation of the mind. Education breathes life into intellect,
dimension into perspective and openness in minds. It opens doors
to employment opportunities and enables people to stand on their
own feet in professional and personal pursuits of life. The detrimental
effect of not being educated affects girls most starkly since they are
already vulnerable to agents of oppression on account of their gender.
Marriage for most women in patriarchal societies is an announcement
of educational conclusion.
191. It is uncommon for women to continue education after marriage
without the express approval and wish of the in-laws and husband.
The imposition of a marital family on the education of women may
be an experience common to all women. But when the woman is
married as a child, her education is arrested in place during a pivotal
period of brain development. The minority of a woman’s age at the
time of her marriage has a heightened impact on her education. The
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right to primary education is a fundamental right expressly enshrined
under Article 21-A.
192. However, the right to education under Article 21 holds broader
significance. The right to information about routine ways to make
life meaningful and be educated on the adverse effects of child
marriage falls under Article 21. Children are entitled to be aware
of their rights and the ill effects that marriage unleashes on them.
The entitlement of the child flows from the right to education.
Education cannot be restricted to pedantic and bookish classroom
learning. The State certainly has an obligation to provide free and
compulsory education to all between the ages of six and fourteen.
The mandatory minimum prescribed by Article 21-A, however,
cannot restrict the right of children to be informed of significant
and life altering dangers.
193. In a litany of judgments, this Court has firmly grounded the right to
education into our constitutional jurisprudence.269 While dealing with a
PIL against physically and mentally challenged children being kept in
jails, this Court in Sheela Barse II v. Union of India270 has recognised
that it is the duty of the State to ensure the full development of a
child’s personality. The articulation of the right to development of
a child puts a positive obligation on the State to create conditions
feasible and resources necessary for the full development of children.
In addition to the rights tracible to Part III of the Constitution, the
development of child is also a part of the Directive Principles of State
Policy.271Article 39 stipulates certain principles of policy to be followed
by the State. Clause (f) of Article 39 reads as follows:
“(f) that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom
and dignity and that childhood and youth are protected
against exploitation and against moral and material
abandonment.”
194. The duty of the State corresponds to the right to development of a
child which is tracible to Articles 14, 19(1)(a), 21 and 15. The right

269 Unni Krishnan JP v. State of Andhra Pradesh (1993) 1 SCC 645; Society For Unaided Private Schools of
Rajasthan v. Union of India (2012) 6 SCC 1; Avinash Mehrotra v. Union of India, 2009 INSC 498; Bachpan
Bachao Andolan v. Union of India (2011) 5 SCC 1; Maharishi Mahesh Yogi Vedic Vishwavidyalaya v.
State of M.P. (2013) 15 SCC 677; Sampurna Behura v. Union of India (2018) 4 SCC 433.
270 [1983] 2 SCR 337 : 1983 AIR 378
271 ‘DPSP’
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comprehends the ability of a child to exercise free speech, express
authenticity and live a life of liberty and dignity. It falls on the State
to ensure that children are informed of ways in which their life is
likely to interact with society and the cautions to bear in the journey
they chart out in life so that they may enjoy and exercise their rights
under Articles 14, 15, 19(1)(a) and 21.
195. Child marriage is one such threat. Sexual conduct within this relation,
or for that matter outside marriage, is another aspect of education
and information. Sex education becomes imperative for children
to process experiences which they are to inevitably encounter. In
Just Rights for Children Alliance v. S Harish,272 one of us (JB
Pardiwala, J) has lucidly reflected on the importance of sex education.
The Court has opined that:
“238. In India, the misconceptions about sex education are
widespread and contribute to its limited implementation
and effectiveness. Many people, including parents and
educators, hold conservative views that discussing sex
is inappropriate, immoral, or embarrassing. This societal
stigma creates a reluctance to talk openly about sexual
health, leading to a significant knowledge gap among
adolescents.
239. One prevalent misconception is that sex education
encourages promiscuity and irresponsible behaviour
among youth. Critics often argue that providing information
about sexual health and contraception will lead to increased
sexual activity among teenagers. However, research has
shown that comprehensive sex education actually delays
the onset of sexual activity and promotes safer practices
among those who are sexually active. [Padminin Iyer &
Peter Aggleton, Seventy years of sex education - A Critical
Review, 74(1) HEALTH EDUC. J. 3 (2015).]
240. Another common belief is that sex education is a
Western concept that does not align with traditional Indian
values. This view has led to resistance from various
state governments, resulting in bans on sex education in
schools in some states. This type of opposition hinders

272 [2024] 10 SCR 154 : 2024 INSC 716.
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the implementation of comprehensive and effective sexual
health programs, leaving many adolescents without
accurate information. This is what causes teenagers and
young adults to turn to the internet, where they have
access to unmonitored and unfiltered information, which
is often misleading and can plant the seed for unhealthy
sexual behaviours.
241. Additionally, there is a misconception that sex
education only covers biological aspects of reproduction.
Effective sex education encompasses a wide range of
topics, including consent, healthy relationships, gender
equality, and respect for diversity. Addressing these topics
is crucial for reducing sexual violence and promoting
gender equity.”
196. In the context of child marriage, we have demonstrated the
heightened risk of health complications to arise out of adolescent
sex and childbearing. While girls married as children have to
bear the consequences of this, they are not the only party to the
sexual relation which causes negative health outcomes. Boys
married at young age equally feel pressures associated with sexual
performance. Often, the only resource available to them is their
peer group. The performance of sexual activity is an avenue for
men to exhibit their masculinity. Because of their tender mind and
patriarchal notions of masculinity and sexual dominance, they are
likely to fall into egregious misinformation by their peers and commit
violence on their child brides. The issue of approaching boys in
child marriage with care, compassion and affection is unfortunately
lost in some mainstream discourse on child marriage. While girls
are undoubtedly affected by child marriage disproportionately, we
ought to also account for the tender minds of men who are forced
into marriages as children.
197. The right to childhood belongs to all sexes. Education- primary, sexual
and life enhancing – is integral to the right to childhood. Realisation of
this right is crucial in dealing with the evils of child marriage. Abuses
of patriarchy are learnt behaviours. What is learnt can be unlearned
or better yet, disabused early on. Education in all aspects allows for
the debunking of harmful life choices and conducts which children
may adopt in the absence of better guidance.
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D. Reiterating the States’ obligations towards combatting
child marriage
198. Under IHRL, the State has a concrete, enforceable obligation to
prevent and eliminate child marriage by ensuring that laws, policies,
and social services align with international standards such as those
in the CRC and the CEDAW. The state must establish and enforce a
legal framework that explicitly prohibits child marriage, accompanied
by robust mechanisms for implementation and redress.
199. States also have an obligation to monitor and enforce compliance
with these laws and to work closely with civil society organizations
to implement effective interventions. The State’s role is not limited
to merely punishing offenders but extends to creating an enabling
environment where children can exercise their rights freely. This
includes the responsibility to not only to legislate against child marriage
but also to address the underlying socio-economic factors—poverty,
lack of education, and gender discrimination—that perpetuate this
practice.
200. The Directive Principles of State Policyin Part IV of the Constitution lay
down the fundamental principles in the governance of the country and
press upon the State to apply them while making laws. Article 38(2)
of the Constitution273 requires the state to promote the welfare of
people and eliminate inequalities in opportunities: It states that:
“38. State to secure a social order for the promotion
of welfare of the people –
…
(2) The State shall, in particular, strive to minimize
the inequalities in income, and endeavour to eliminate
inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people
residing in different areas or engaged in different vocations.”
201. This Article mandates the State to actively reduce inequalities and
promote welfare, which is essential in addressing child marriage—a
practice that disproportionately affects children from economically
and socially disadvantaged backgrounds. By targeting inequalities

273 Article 38(2), the Constitution of India 1950.
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in income, status, and opportunities, Article 38(2) supports creating
conditions where vulnerable children have better access to education,
healthcare, and social support. This, in turn, reduces the pressures
that often lead to early marriage, such as economic dependency
and limited future prospects, and enables children to pursue a life
free from the constraints imposed by early marital commitments.
202. This Court has, in several landmark judgments, reinforced the State’s
positive obligation to protect children’s rights. In Sheela Barse II
(supra) this court dealt with abandoned or destitute children lodged
in various jails across the country for ‘safe custody.’The Court noted
that the National Policy for the Welfare of Children contained the
following preamble:
“The nation’s children are a supremely important asset.
Their nurture and solicitude are our responsibility.
Children’s programmes should find a prominent part
in our national plans for the development of human
resources, so that our children grow up to become
robust citizens, physically fit, mentally alert and
morally healthy, endowed with the skill and motivations
needed by society. Equal opportunities for development
of all children during the period of growth should be our
aim, for this would serve our large purpose of reducing
inequality and ensuring social justice.”
(emphasis supplied)
203. This Court observed that if a child is a “national asset” as per the
National Policy, the State bears the duty to nurture and ensure their
full development, underscoring the expectation that children not be
subjected to custodial detention. Here, the principles of care and
protection are directly relevant to child marriage, as the practice
obstructs the full and healthy development of minors by imposing
on them responsibilities and roles they are neither physically nor
emotionally prepared to undertake. Such an arrangement undermines
their potential and violates their rights to education, health, and
personal development, reinforcing cycles of poverty and inequality.
204. In this context, the principle of parens patriae—where the State
assumes a protective role akin to that of a guardian—is particularly
relevant. The State’s intervention in preventing child marriage aligns
with its duty to act in the best interest of children, ensuring their
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safety, development, and freedom from practices that harm their
physical, emotional, and educational prospects. This principle has
been repeatedly upheld by the judiciary as essential in upholding
child rights and creating a supportive environment that upholds their
well-being and growth into empowered, healthy citizens.
205. Similarly, in Society for Unaided Private Schools v. Union of
India274 the Court addressed the constitutionality of Section 12 of the
Right of Children to Free and Compulsory Education Act 2009. This
provision, which mandates a 25% reservation in schools for children
from disadvantaged backgrounds, was challenged on the grounds
that it violated Articles 19(1)(g) and 30 of those who had established
schools in the private sector. The Court upheld the constitutionality
of this provision, finding the following:
“222. The provisions referred to above and other provisions
of international conventions indicate that the rights have
been guaranteed to the children and those rights carry
corresponding State obligations to respect, protect and
fulfil the realisation of children’s rights. The obligation
to protect implies the horizontal right which casts an
obligation on the State to see that it is not violated
by non-State actors. For non-State actors to respect
children’s rights casts a negative duty of non-violation
to protect children’s rights and a positive duty on them
to prevent the violation of children’s rights by others,
and also to fulfill children’s rights and take measures
for progressive improvement. In other words, in the
spheres of non-State activity there shall be no violation
of children’s rights.”
…
224. The primary responsibility for children’s rights,
therefore, lies with the State and the State has to respect,
protect and fulfil children’s rights and has also got a duty
to regulate the private institutions that care for children, to
protect children from violence or abuse, to protect children
from economic exploitation, hazardous work and to ensure
human treatment of children. Non-State actors exercising

274 [2012] 2 SCR 715 : (2012) 6 SCC 1
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the State functions like establishing and running private
educational institutions are also expected to respect and
protect the rights of the child, but they are, not expected
to surrender their rights constitutionally guaranteed.”
(emphasis supplied)
206. These judgments affirm that the State must regulate private as well
as non-State actors in ensuring children’s welfare and that the State
holds primary responsibility for protecting children’s rights. Applied
to child marriage, these principles reiterate that the State must
enact and enforce laws that prohibit child marriage while ensuring
that social, educational, and economic protections are in place to
prevent the practice.

IX. Way forward
207. In light of the foregoing analyses, we seek to formulate specific
guidelines for achieving the elimination of child marriage while bearing
in mind the delicate socio-economic interplay. The Union submits
that the PCMA focuses on two key pillars: (a) raising awareness
and (b) prosecution. Despite progress in awareness campaigns,
there is still a pressing need to enhance accountability mechanisms,
ensure mandatory reporting, and rehabilitate minors affected by
child marriages. Further attention is required to make the legal
framework more effective by addressing loopholes and ensuring
swift action against offenders, particularly in areas with high child
marriage prevalence.
208. Addressing child marriage requires an intersectional approach that
acknowledges the overlapping vulnerabilities experienced by children,
especially girls from marginalized communities. Intersectionality
involves considering factors like gender, caste, socioeconomic status,
and geography, which often increase the risks of early marriage.
Preventive strategies should therefore be tailored to the unique needs
of various communities and focus on addressing the root causes of
child marriage, such as poverty, gender inequality, lack of education,
and entrenched cultural practices.
209. The PCMA as a social legislation will only succeed through the
collective efforts of all stakeholders to address the issue within
a broader social framework which emphasises the need for
multi-sectoral coordination. This necessitates the enhancement of
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reporting mechanisms, expansion of public awareness campaigns,
and investment in the training and capacity-building of law
enforcement officers and related actors. It is also crucial to regularly
monitor the implementation of the Act, conduct evaluations to identify
gaps, and establish feedback mechanisms to continually refine and
improve responses to child marriage. As we issue these directions,
we emphasize the need for more comprehensive approaches and
community-driven strategies to ensure the complete eradication of
child marriages.
210. We frame the following guidelines for the effective and useful
implementation of the PCMA. The orientation of these guidelines
is to prioritise prevention before protection and protection before
penalisation. We are cognizant of the impact that criminalisation
has on families and communities. To ensure effective use of penal
provisions in the PCMA, it is imperative that there is widespread
awareness and education about child marriage and the legal
consequences of its commission. We therefore direct that the following
guidelines be interpreted to expand effective implementation of the
preventive measures under PCMA analysed in Part V(A)(iii) of this
judgment.
211. We must not be understood to discourage prosecution of those
who commit illegal acts. However, the aim of the law enforcement
machinery must not be solely focused on increasing prosecutions
without making the best efforts to prevent and prohibit child marriage.
The focus on penalisation reflects a harms-based approach which
waits for a harm to occur before taking any steps. This approach
has proven to be ineffective at bringing about social change. We
therefore direct as follows:

A. Legal Enforcement
1. Appointment and accountability of CMPO
1.1. State Governments and Union Territories (UTs) must
appoint officers solely responsible for discharging the
functions of CMPO at the district level. These officers
should not be burdened with additional duties that could
impede their focus on preventing child marriage;
1.2. If a CMPO believes that they lack the necessary resources
to safely and comprehensively fulfil their functions, they
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must submit a request to the relevant State Ministry
of Women and Child Development. The Ministry shall
conduct an assessment and address the resource needs
within three months of the date on which the request
was made;
1.3. To enable personal accountability and ensure immediate
preventive measures are taken against any planned
solemnization of child marriages - each State and UT is
directed to upload quarterly reports from CMPOs on their
official websites. These reports should detail the steps
taken to prevent child marriages and the outcomes of
investigations;
1.4. The Ministry of Women and Child Development and
Ministry of Home in each State/UT shall conduct quarterly
performance reviews of CMPOs and law enforcement
agencies to assess:
1.4.1. The effectiveness of child marriage prevention
initiatives;
1.4.2. Response times and outcomes of reported case;
1.4.3. The level of cooperation and communication
between CMPOs and local law enforcement
agencies;
1.4.4. The engagement with communities and stakeholders
in prevention efforts;
1.4.5. The status of CMPOs regarding deployment to
additional duties, including the reasons for such
assignments, to ensure that their primary focus on
child marriage prevention is not compromised; and
1.4.6. Recommendations for improvements based on the
assessments, including identifying areas requiring
additional support or resources.
1.5. The Ministry of Women and Child Development is directed
to execute mandatory training refreshers for CMPOs every
six months. These refreshers will ensure that all personnel
are updated on:
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1.5.1. Legal changes relevant to child marriage prevention;
1.5.2. Best practices and effective strategies for combating
child marriage;
1.5.3. Community engagement techniques to foster
collaboration with local stakeholders;
1.5.4. Advocacy skills to effectively promote child rights
and raise awareness about the negative impacts
of child marriage;
1.5.5. Cultural sensitivity training to address the social
factors contributing to child marriage, ensuring
a nuanced understanding of local contexts and
practices; and
1.5.6. Evaluation and reporting mechanisms to assess
the effectiveness of their initiatives and adjust
strategies accordingly.

2. District-Level Responsibility for Prevention of Child
Marriages
2.1. In addition to the mandate of the CMPO under
Section 16(3)(a) – the Collectors and Superintendents of
Police in each district across India shall also be responsible
for actively preventing child marriages within their
districts. They shall have the authority and responsibility
to prosecute all individuals who facilitate or solemnize
child marriages, including those who knowingly assist,
promote, or bless such marriages, even if reported in
public events or media;
2.2. The CMPO, the Collectors and Superintendents of
Police in each district shall inform the State Government
about any impediments they encounter in the discharge
of their functions, including but not limited to, social
boycotts; and
2.3. Specific emphasis must be placed on preventing
mass marriages, often conducted in public, where the
participation of government or law enforcement officials
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could inadvertently lend legitimacy to child marriage
ceremonies. Any failure by district authorities to act in
accordance with this mandate will warrant immediate
administrative action and disciplinary proceedings against
the responsible officials.

3. Establishment of a Specialized Police Unit
3.1. Recognizing the sensitivity and unique aspects of child
marriage cases, a specialized police unit is deemed
essential. The State Ministries of Home Affairs shall
consider the viability of integrating the Special Juvenile
Police Unit into the child marriage prevention framework.
The SJPU, already trained in handling juvenile and
sensitive cases, shall be deployed to manage cases of
child marriage;
3.2. The Ministry should evaluate the effectiveness of this
integration and provide necessary resources and support
to the SJPU for optimal performance in addressing child
marriage issues;
3.3. The SJPU, supported by trained personnel and resources,
will ensure that child marriage cases are handled with
appropriate sensitivity and urgency. The unit shall work in
coordination with CMPOs and district authorities to ensure
swift preventive action and enforce legal accountability; and
3.4. The Ministry of Women and Child Development is directed
to consider the viability and prescribe a format for the
SJPUs to biannually report the following:
3.4.1. The outcomes of legal actions taken against
perpetrators of child marriage, including any
convictions or pending cases;
3.4.2. The number of awareness programs conducted
and the community engagement efforts made to
prevent child marriages;
3.4.3. The status of collaboration with local law enforcement
and child protection agencies in addressing child
marriage; and
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3.4.4. Any challenges faced in the reporting period and
recommendations for improving child marriage
prevention efforts.

4. Establishment of a Special Child Marriage Prohibition Unit
4.1. The State Governments and UTs shall constitute a State
Special Child Marriage Prohibition Unit and where there
are more than one CMPOs in any district, a District level
Special Child Marriage Prohibition Unit;
4.2. The Unit shall comprise of all the CMPOs of the State
or the District, as the case may be, and shall include
five social workers having experience of working against
child marriage or on child rights. At least two of such
social workers shall be women. All the CMPOs of the
Unit shall be provided special training on dealing with
child marriages;
4.3. The Units shall tailor courses and resources with the help
of professionals dealing with the mental health concerns of
the CMPOs. The Unit shall also provide forums for CMPOs
to raise any difficulties or grievances they encounter in
discharge of their functions, including but not limited to,
any difficulty relating to social ostracization for preventing
child marriages; and
4.4. The Unit shall act as a forum of sharing best practices,
inviting trained professionals to dispense knowledge and
collectivise and redress grievances.

B. Judicial Measures
1. Empowering Magistrates to Take Suo Moto Action and
Issue Preventive Injunctions
1.1. All Magistrates vested with authority under Section 13 of the
Prohibition of Child Marriage Act, 2006, are directed to take
proactive measures, including issuing suo motu injunctions
to prevent the solemnization of child marriages; and
1.2. Magistrates are encouraged to particularly focus on
“auspicious days” known for mass weddings, when the
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occurrence of child marriages is notably high. Upon
receiving credible information or even upon suspicion,
Magistrates should use their judicial powers to halt such
marriages and ensure child protection.

2. Exploration of Special Fast-Track Courts for Child Marriage
Cases
2.1. The Union Government, in coordination with State
Governments, is directed to assess the feasibility of
establishing special fast-track courts exclusively to handle
cases under the PCMA. These courts will expedite case
proceedings, thereby preventing prolonged delays that
often lead to additional harm for the affected children; and
2.2. A status report on the establishment, resource allocation,
and potential effectiveness of these fast-track courts shall
be submitted to this Court within a year from now onwards.

3. Mandatory Action Against Neglectful Public Servants
3.1. It is directed that strict disciplinary and legal action be
taken against any public servant found to be in deliberate
neglect of duty concerning child marriage cases within
their jurisdiction. As stipulated under Section 199(C) of the
Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, public
officials who fail to act in child marriage cases, particularly
those with knowledge of imminent marriages, shall be
subject to stringent punishment. This direction is aimed
at reinforcing accountability among public officials and
ensuring that child marriage cases receive immediate and
appropriate action at all administrative and enforcement
levels.

C. Community Involvement
1. Annual Action Plans and Community-Centric Capacity
Building
1.1. Each State and UTs is directed to develop an Annual
Action Plan to prevent child marriages, incorporating Key
Performance Indicators (KPIs) that reflect local cultural
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and social contexts. This plan should include measurable
goals tailored to address community-specific beliefs and
practices related to child marriage; and
1.2. States and UTs shall incorporate regular orientation
programs, seminars, and workshops in their annual
schedules aimed at building the capacity of all stakeholders.
These initiatives should target CMPOs, Gram Panchayat
or Municipality office holders, government officials,
school principals and teachers, representatives of non-
governmental organizations, local representatives, and
Para Legal Volunteers (PLVs), fostering a collaborative
approach to child marriage prevention.

2. Adoption of the Child Marriage Free Village Initiative
2.1. Inspired by the “Open Defecation Free Village” model
under the Swachh Bharat Mission, a “Child Marriage
Free Village” initiative should be launched, encouraging
Panchayats and community leaders to play an active role
in preventing and reporting child marriages; and
2.2. This initiative will mobilize local communities to collectively
discourage child marriages, with the involvement of
Panchayats in monitoring and promoting “Child Marriage
Free” certifications for villages and Gram Panchayats.
This designation should be publicly celebrated to reinforce
a culture where the rights and well-being of children are
paramount.

D. Awareness Campaigns
1. Awareness Campaigns Led by CMPOs in Schools, Religious
Institutions, and Panchayats
1.1. CMPOs are directed to conduct regular, structured
awareness campaigns across schools, religious institutions,
and Panchayats. These campaigns must include impactful
hoardings and slogans in local languages that highlight the
legal penalties for child marriage, health risks associated
with early and forced marriages, and their socio-economic
consequences; and
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1.2. Schools and local institutions must conduct monthly
informational sessions, leveraging creative methods like
plays, storytelling, and interactive sessions to engage
young people on the topic of child marriage prevention,
emphasizing gender equality, reproductive rights, and
personal agency.

2. Comprehensive Sexuality and Rights Education
2.1. All States and Union Territories are directed to integrate
comprehensive sexuality education275 into school curricula
in line with the framework prescribed by the World Health
Organisation276 and leading thoughts in the field of CSE.
This education must include clear information on the legal
aspects of child marriage, gender equality, reproductive
health rights, and the impacts of child marriage on physical
and mental well-being; and
2.2. Educational content should be tailored for age-appropriateness
and be culturally sensitive, with particular emphasis on
empowering students with knowledge of their legal rights,
the importance of delaying marriage, and understanding of
sexual and reproductive health.

3. Educational Materials and Community Awareness Tools
3.1. Schools in regions where child marriage prevails must
include information on child marriage prevention within
the curriculum, with a dedicated section in textbooks that
outlines legal protections, health risks, and preventive
measures. Visible posters or charts summarizing this
information should be displayed prominently in schools,
Gram Panchayats, and public institutions; and
3.2. Schools must adhere to a reporting protocol whereby
principals or teachers are required to report potential cases,
such as sudden drop out of a girl child, to the appropriate
authorities immediately.

275 ‘CSE’
276 CSE is the imparting of accurate, age-appropriate information about sexuality and their sexual and
reproductive health – which is critical for their health and survival; See World Health Organization,
(2023), “What is Comprehensive Sexuality Education?”.
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4. Targeted Community Awareness Campaigns
4.1. Regular community-based campaigns are mandated,
specifically targeting parents, respected members of the
community (including but not limited to teachers, principals
and local body leaders) and local influencers. CMPOs
are instructed to work with these groups to challenge
entrenched social norms, using community discussions,
multimedia presentations, and testimonials from child
marriage survivors to shift perceptions; and
4.2. Community-focused initiatives should also include public
forums where the adverse effects of child marriage are
openly discussed, alongside the benefits of educating
young women.

5. Empowerment Programs for Girls and Young Women
5.1. All States and Union Territories are directed to implement
mentorship and leadership programs that encourage young
girls to become active participants in their communities.
These programs should include workshops on leadership
skills, public speaking, and advocacy training, enabling
girls to become local ambassadors for change; and
5.2. Schools and local organizations should establish peer
groups led by trained mentors, where girls can safely
discuss personal issues of home, family and public ongoings
which may potentially force a girl into child marriage.

6. Helpline Awareness and Reporting Mechanisms
5.1. Comprehensive awareness of helpline numbers such
as Childline (1098) and Women Helpline (181) should
be included in all educational materials and community
campaigns. Schools, Panchayats, and local institutions are
required to display these numbers prominently and ensure
that children and adolescents are aware of how to seek help.

E. Training/Capacity Building
1. Training for Community Health Workers and Educators
1.1. All State and UTs will impart specialized training to
Anganwadi Workers (AWW), Auxiliary Nurse-Midwives
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(ANM), and Accredited Social Health Activists (ASHA)
to enhance their role in the prevention of child marriage
through active community engagement. This training
should cover:
1.1.1. Identification of at-risk children and families, effective
communication strategies to engage communities,
and understanding the legal framework surrounding
child marriage;
1.1.2. Workshops on the socio-economic impacts of child
marriage on girls and families, enabling them to
effectively communicate these consequences to
community members; and
1.1.3. Effective ways and strategies to deal with
crisis-management and render immediate and
long-term support to victims who may be in a crisis
associated to child marriage. This may include
persons such as a girl vulnerable to child marriage
herself; a peer, sibling or other person who fears that
another person may be at risk of child marriage; or
girls who have witnessed early or forced marriages
around them.

2. Training for Law Enforcement and Judicial Officers
2.1. Police officers, particularly those in the Special Juvenile
Police Units (SJPU), must undergo training focused on
the legal aspects of the PCMA, child rights, and sensitivity
towards cases involving minors. This training should
include:
2.1.1. Protocols for handling child marriage cases, ensuring
the protection of victims, and understanding the
psychological impact of child marriage on children
and those affected around them; and
2.1.2. Regular refresher courses on human rights and
the ethical treatment of victims in accordance
with the Juvenile Justice (Care and Protection of
Children) Act.
[2024] 10 S.C.R. 1625

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Union of India & Ors.

3. Capacity Building for Teachers and School Administrators
3.1. Teachers and school administrators will be trained to
recognize signs of potential child marriage and engage
with students regarding their rights and the importance
of education.

4. Empowerment of Local Leaders and Community Influencers
4.1. Training programs will be designed for local leaders,
including members of Panchayati Raj Institutions and
community influencers, focusing on their critical role in
preventing child marriage. This training should cover
strategies to challenge and change harmful social norms
and practices that perpetuate child marriage within their
communities.

5. Engagement with Non-Governmental Organizations (NGOs)
5.1. Collaborations with NGOs that focus on women’s rights
and child protection will be established to train volunteers
and staff on child marriage prevention. State authorities
including the CMPO and SJPU must proactively identify
and collaborate with NGOs on the practical and procedural
difficulties in preventing, prohibiting and prosecuting child
marriages.

6. Training for Health Care Providers
6.1. Healthcare providers, including doctors and counsellors,
will be trained to address the specific health risks
associated with child marriage. This training will include:
6.1.1. Counselling techniques for young women and girls,
focusing on reproductive health rights and the health
consequences of early marriage; and
6.1.2. Awareness of available resources for girls at risk
and the referral processes for victims seeking help.
F. Educational and Social Support
1. Educational Incentives and Scholarships
1.1. The Ministry of Women and Child Development is directed
to consider the viability of implementing comprehensive
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educational incentive programs specifically targeted at
girls at risk of child marriage. This includes:
1.1.1. Providing scholarships to girls for secondary and
higher education to encourage families to prioritize
education over early marriage;
1.1.2. Offering stipends or financial support for families
with daughters who remain in school beyond the
age of fifteen, as a tangible incentive for delaying
marriage; and
1.1.3. Creating mentorship programs that connect at-
risk girls with role models who have successfully
pursued education and career opportunities.

2. Social Welfare Programs
2.1. The Ministry of Women and Child Development will also
consider developing and implementing social welfare
programs to assist families at risk of engaging in child
marriage, including:
2.1.1. Conditional cash transfer programs that provide
financial support to families in exchange for
commitments to keep their daughters in school and
delay marriage until legal adulthood;
2.1.2. Access to vocational training and skill development
programs for families, enabling them to improve
their economic status and lessen reliance on
marrying off daughters for financial relief; and
2.1.3. Support services for families facing economic
hardships, such as food assistance, healthcare
services, and access to microfinance opportunities
to promote sustainable livelihoods.

3. Convergence and Continuity of Services
3.1. The Chief Secretaries of all States/UTs shall designate an
appropriate authority who shall ensure the convergence
of services across various government departments
and agencies to create a cohesive support system for
vulnerable and at-risk communities. This includes:
[2024] 10 S.C.R. 1627

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

3.1.1. Regular inter-departmental meetings to coordinate
efforts and resources among education, health, social
welfare, and law enforcement sectors to address the
multifaceted nature of child marriage; and
3.1.2. Establishing community-based resource centres
that provide information and support related to
education, legal rights, and social services to
families at risk of child marriage.

G. Monitoring and Accountability
1. Development of Standard Operating Procedures
1.1. The National Legal Services Authority277 is directed to
formulate a Standard Operating Procedure278 that provides
comprehensive guidelines for legal-support services, and
long-term rehabilitation plans related to the prevention,
protection, and rehabilitation of victims of child marriage
for lawyers and law-enforcement officers. NALSA is further
directed to dispatch this SOP to all States and District
Legal Services Authority where it may be used in assisting
aggrieved victims;
1.2. The Ministry of Women and Child Development, in
consultation with State Child Protection Societies279
and local government bodies, shall draft SOPs focused
on maintaining detailed registers. These registers will
document:
1.2.1. The number of awareness programs and
capacity-building initiatives conducted;
1.2.2. The number of child marriages prevented and
reported; and
1.2.3. Follow-up actions taken in each case.
1.3. The SOPs must clearly define the duties and responsibilities
of CPMOs, and other stakeholders involved in community
protection efforts, such as police authorities, Sarpanchs,

277 “NALSA”
278 “SOP”
279 “SCPS”
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village Pradhans, school teachers, AWWs, and ASHA.
Special emphasis shall be placed on these responsibilities
during critical periods and other wedding seasons and
1.4. The National Commission for Protection of Child Rights
is directed to expedite the process of drafting an SOP
to establish accountability for the non-reporting of child
marriages, provide rehabilitation for minor survivors, and
initiate prosecution procedures.

2. Role of Panchayats and Local Leaders
2.1. All Panchayats, Sarpanchs, and local leaders must:
2.1.1. Complete a training program on child marriage
prevention and reporting within three months;
2.1.2. Report any suspected child marriages within 48
hours of awareness to relevant authorities; and
2.1.3. Actively participate in community awareness
programs to educate families on the legal
consequences of child marriage and promote
alternative practices to early marriage.

3. Individual Care Plans for At-Risk Girls
3.1. State authorities must develop and implement Individual
Care Plans (ICP) for at-risk girl children, ensuring
compliance with Section 10 of the JJ Act, which mandates
individualized care and rehabilitation for children in need
of care and protection. It shall include:
3.1.1. Immediate access to educational resources tailored
to the child’s needs;
3.1.2. Regular psychological support sessions, including
counselling and therapy, as necessary;
3.1.3. Establishment of peer support groups to help
at-risk girls connect with one another and share
experiences;
3.1.4. Monitoring by Child Welfare Officers/District
Child Protection Unit (DCPU) should occur
every month for the first year post-intervention to
ensure successful reintegration into education and
community life; and
[2024] 10 S.C.R. 1629

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3.1.5. Follow-up assessments should be conducted
every three months to evaluate the effectiveness
of the ICP, adjusting support services as needed
to address any emerging challenges faced by the
child.

H. Technology-Driven Initiatives for Reporting Child Marriage
1. Creation of a Centralized Reporting Portal
1.1. The Ministry of Home Affairs, in collaboration with the
Ministry of Women and Child Development and the NALSA,
shall establish a designated portal for online reporting
of child marriages. This portal will include features for
anonymous reporting, allowing victims and concerned
citizens to easily lodge complaints and access support
services; and
1.2. The portal will serve as a centralized platform for collecting
and analyzing data on child marriage incidents, enabling
targeted interventions. It will enhance accessibility,
transparency, and accountability by ensuring that all
reports are addressed promptly by enforcement agencies
and CMPOs.

2. Leveraging Technology for Support Services
2.1. Each State and UT shall make all endeavours to
disseminate information against child marriage across all
print, digital and social media – with a focus on regions
where child marriages are likely to occur in high numbers.
They shall also consider the viability of data analytics to
identify high-risk areas and patterns of child marriage,
enabling swift interventions.

3. Technology-Driven Monitoring of Attendance
3.1. The Ministry for Women and Child Development, in
coordination with the relevant State Ministries, shall
consider the viability of a technology-driven monitoring
system to track daily attendance for school-going girls up
to the 12th grade, ensuring compliance with the privacy
standards outlined in the Supreme Court judgment in
KS Puttaswamy (9J) (supra).
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I. Funding and Resources
1. Dedicated Annual Budget Allocation
1.1. The relevant ministries of the Union Government are
directed to recommend the allocation of a dedicated yearly
budget for each State specifically aimed at preventing child
marriage and supporting affected individuals. This budget
should encompass:
1.1.1. Community awareness programs;
1.1.2. Educational initiatives targeting at-risk populations;
1.1.3. Training programs for frontline workers, including
CMPOs and local law enforcement;
1.1.4. Rehabilitation services for victims, including
counselling and vocational training; and
1.1.5. Provisions for regular monitoring, home visits,
and follow-up support for victims to ensure their
reintegration into society.

2. Juvenile Justice Fund Institutionalization
2.1. The State Governments are directed to institutionalize the
Juvenile Justice Fund established under Section 105 of
the JJ Act. This fund will provide financial assistance in
the form of scholarships and stipends specifically for girls
at imminent risk of child marriage or whose marriages
have been annulled, promoting their educational and
social empowerment.

3. Compensation for Girls Opting Out of Marriage
3.1. The Ministry of Women and Child Development
is requested to consider the viability of providing
compensation to girls who opt out of marriage upon
reaching the age of majority under the NALSA Victim
Compensation Scheme or respective State Victim
Compensation Schemes. This compensation should be
equivalent to that provided to rape victims, ensuring
adequate support for those who have escaped child
marriage.
[2024] 10 S.C.R. 1631

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

4. Identification and Support for At-Risk Children
4.1. Superintendents of Police and Collectors are directed to
identify instances of child marriage and monitor children
at risk of dropping out of school due to socio-economic
challenges or threats of early marriage. This initiative
should ensure:
4.1.1. Comprehensive access to education and health
services for at-risk children; and
4.1.2. Provision of stipends and fellowships to support
their continued education and mitigate the factors
contributing to child marriage.

X. Suggestions
212. In the course of this judgment, we have traced the full breadth of
the law against child marriage. The PCMA is the central legislation
governing the issue on the subject. In light of the Constitutional
guarantees accruing to children, we observe certain gaps in the
PCMA. Absent a Constitutional challenge or a case being argued,
we resist from making declarations and restrict ourselves to making
suggestions for the scrutiny of the Union. The legal question on
these issues, however, is kept open if it were to come before a
Constitutional court in an appropriate proceeding.
213. The issue of the interface of personal laws with the prohibition of child
marriage under the PCMA has been a subject of some confusion.
The Union in its note of submission filed after the judgment was
reserved in the case has stated that this Court may direct that the
PCMA prevails over personal law. The note states as follows:
“9. As a way forward, Ministry of Women & Child
Development has following inputs to provide for kind
consideration of the Hon’ble Court –
i. There are conflicting pronouncements by various
High Courts about the precedence of the Prohibition
of Child Marriage Act (PCMA), 2006 over the personal
laws. Hence, Hon’ble Court may consider issuing
directions pronouncing that the PCMA will prevail
over the personal laws governing marriage.
…”
214. Details of the conflicting opinions were not furnished in the submissions
by either party to these proceedings. The PCMA states nothing on
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the validity of the marriage as we have noted above. The Prohibition
of Child Marriage (Amending) Bill 2021 was introduced in Parliament
on 21 December 2021. The Bill was referred for examination to the
Department Related Standing Committee on Education, Women,
Children, Youth and Sports. The Bill sought to amend the PCMA to
expressly state the overriding effect of the statute over various personal
laws. The issue, therefore, is pending consideration before Parliament.
215. Lastly, we note that while the PCMA seeks to prohibit child marriages,
it does not stipulate on betrothals. Marriages fixed in the minority
of a child also have the effect of violating their rights to free choice,
autonomy, agency and childhood. It takes away from them their choice
of partner and life paths before they mature and form the ability to
assert their agency. International law such as CEDAW stipulates
against betrothals of minors. Parliament may consider outlawing child
betrothals which may be used to evade penalty under the PCMA.
While a betrothed child may be protected as a child in need of care
and protection under the JJ Act, the practice also requires targeted
remedies for its elimination.

II. Conclusion
216. A copy of this Judgment will be transmitted to the Secretaries of all
concerned Ministries, the Government of India which includes the
Ministry of Home Affairs, Ministry of Women and Child Development,
Ministry of Panchayati Raj, Ministry of Education, Ministry of
Information and Broadcasting, Ministry of Rural Development,
statutory authorities, institutions, and organizations under the control
of the respective ministries.
217. The Ministry of Women and Child Development is directed to circulate
this judgment to the Chief Secretaries/Administrators of all the States
and Union Territories, as well as NALSA, and NCPCR for strict
compliance with the directions. This shall be done within a period
of four weeks from the date of delivery of this judgment.
218. The writ petition is disposed of.
219. Pending application(s), if any, stand disposed of.

Result of the case: Writ petition disposed of.

†
Headnotes prepared by: Divya Pandey