October 18, 2024: In a landmark ruling, the Supreme Court of India declared that personal laws and traditional practices cannot take precedence over the Prohibition of Child Marriage Act. Chief Justice DY Chandrachud, leading the bench, emphasized that child marriages infringe on individuals' rights to choose their life partners freely.

The ruling came during the court's hearing of a petition highlighting the alarming rise in child marriages across the country and the inadequate implementation of existing laws. The Chief Justice stressed that community-driven strategies are essential to combat this issue, advocating for tailored preventive measures that consider the unique cultural contexts of different communities.

"The law will only succeed when there is multi-sectoral coordination," CJI Chandrachud remarked, calling for enhanced training and capacity building among law enforcement officials to better address the problem. He urged authorities to prioritize the prevention of child marriages and the protection of minors, with legal penalties for offenders serving as a last resort.

While affirming the need for robust enforcement of the Prohibition of Child Marriage Act, the court also identified gaps within the legislation, particularly concerning the validity of child marriages. The Chief Justice noted that these legal ambiguities warrant further examination, indicating that constitutional courts may need to address these issues in the future.

Currently, a bill aimed at amending the Prohibition of Child Marriage Act to explicitly give it precedence over personal laws is under review by a parliamentary committee. The Act, which was established in 2006, aims to eliminate child marriage practices in India, succeeding the earlier Child Marriage Restraint Act of 1929.

This ruling marks a significant step toward strengthening child protection laws in India and ensuring that personal customs do not undermine the rights of children.