Child Marriage Laws: Fixing Legal Gaps & Gender Bias
Context
Recently, the Allahabad High Court annulled the marriage of a couple who had wed as children, invoking the Prohibition of Child Marriage Act (PCMA), 2006.
Highlights:
- In Sanjay Chaudhary v. Guddan (2024), the husband, who was 12 at the time of marriage, sought divorce at 20 but later amended his plea for nullification.
- The law allows annulment within two years of attaining adulthood.
- This case has reignited debates on gendered legal provisions and the need for uniformity in marriage laws.
Dimensions of the Article:
- The Issue
-
About the Prohibition of Child Marriage Act (PCMA), 2006:
- Significance of Addressing the Issue
The Issue:
- Child marriages, though illegal, continue to persist in India.
- The PCMA defines a ‘child’ as a girl below 18 and a boy below 21. However, the Majority Act, 1875, considers both genders as adults at 18. This discrepancy leads to confusion regarding annulment rights.
- In 2011, the Madras High Court (T. Sivakumar v. The Inspector of Police) interpreted the law to allow annulment up to 23 years for males to prevent unfair disadvantages.
- However, the Allahabad High Court, in this case, countered that males over 18 are aware of legalities and cannot claim incapacity. The court linked the age difference in marriage laws to patriarchal traditions, reinforcing the idea that equal rights should dictate annulment timelines.
- The Supreme Court’s past observation in Independent Thought v. Union of India (2017)—that a male child can annul marriage before 23—was not deeply analysed.
- The Allahabad High Court’s ruling now challenges this notion, forcing a re-examination of the law’s gender biases.
About the Prohibition of Child Marriage Act (PCMA), 2006:
- Objective & Scope: It was enacted in 2006, PCMA, which replaced the old 1929 Act to prevent child marriage, protect victims, and penalise offenders. PCMA sets the legal marriage age at 21 for boys and 18 for girls.
- Enforcement & Reporting: Any person can report a child marriage before or after it occurs. Offenders, including those solemnising or promoting such marriages, face strict penalties.
- Nodal Authorities: The District Collector oversees implementation, and the Child Marriage Prohibition Officers (CMPOs) provide legal aid, protect victims, and prosecute offenders.
- Annulment of Marriage: A petition to nullify child marriage can be filed by the affected child or, if still a minor, by a guardian with CMPO’s support. District courts handle annulment cases.
- Punishment & Protection: Child marriage is a cognisable and non-bailable offence, punishable by imprisonment, fines, or both. Rescued children receive medical aid, legal support, and rehabilitation assistance.
Significance:
- Legal Clarity: A Supreme Court verdict will provide a uniform guideline, eliminating contradictions in lower court rulings.
- Strengthening Gender Equality: Aligning annulment rights for both genders ensures fairness and prevents prolonged legal hardships for women trapped in child marriages.
- Improved Women’s Rights & Protections: Reducing gender disparities in marriage laws aligns with broader women’s rights initiatives and ensures better legal recourse for victims.
Way Forward
- Uniform Age for Marriage: The law should set 18 as the universal minimum age for both genders, removing discriminatory provisions.
- Extending the Annulment Window: Given the societal pressure in child marriages, allowing both men and women extra time to seek annulment (beyond two years of attaining majority) is essential.
- Policy Reforms Over Criminalisation: Raising the marriage age to 21 (as suggested in the lapsed Prohibition of Child Marriage (Amendment) Bill, 2021) may lead to unintended consequences. Nearly 50% of child marriages are self-initiation. Strict enforcement could increase arrests, break families, and harm young couples rather than protect them.
- Focus on Education & Empowerment: Instead of punitive measures, the government should emphasise compulsory education until 18, better access to reproductive healthcare, and legal awareness campaigns.
