Supreme Court issues guidelines to eradicate child marriage in India by 2030

The Supreme Court of India, on October 18 issued guidelines for implementing the Child Marriage Law, aimed at complete elimination of child marriage.

The bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra held that child marriage, and even the betrothal of a child for marriage, robs a child of her free will to choose a life partner. 

The bench was hearing a petition filed by Society for Enlightenment and Voluntary Action (SEVA) which claimed that the situation of child marriage in the country is grim and there is non-implementation of the child marriage statute in 'letter and spirit'. 

NGO SEVA is one of the coalition partners of ‘Child Marriage Free India’ (CMFI) campaign which has been working across the nation with special focus to end child marriage by 2030. 

The judgement aims to strengthen efforts in India which is already a global leader in the efforts against child marriage.

In the past year, the Child Marriage Free India (CMFI) campaign and its partner NGOs prevented over 120,000 child marriages, with government efforts protecting over 11 lakh vulnerable children from being married off.

Emphasising on a prevention-protection-prosecution strategy and community-driven approach, Chief Justice D Y Chandrachud stated, “The law will only succeed when there is a multi-sectoral coordination. Training and capacity building of the law enforcement officers needs to be there. We emphasise that there needs to be community-driven approaches.”

Expressing relief over the judgment, Petitioners Alaka Sahu from the NGO SEVA and activist Nirmal Gorana Agni said, “As petitioners, we extend our heartfelt gratitude to the Supreme Court for this landmark judgment. This decision marks a significant step towards eradicating child marriage in our country. Together, through the ‘Child Marriage Free India’ campaign, we have united in our fight against this menace, paving the way for a brighter, safer future for our children.” 

Bhuwan Ribhu, the founder of ‘Child Marriage Free India’ campaign asserted that the judgement will put India on the world map in ending the social menace, stating, “This landmark judgement will be a shot in the arm and shall be the tipping point in institutional resolve marking a significant victory in our mission to completely eradicate child marriage. The Supreme Court and the Government efforts have shown that they care for our children, it is time for the rest of us to step up and stop this social crime.”

“If we fail to protect our children, nothing else in life truly matters. The guidelines issued by the Court further reinforce a holistic approach, also given by the PICKET strategy, of the ‘Child Marriage Free India’ campaign. Child marriage is, in essence, child rape. This decision not only strengthens our resolve but also underscores that through united efforts and accountability, we can ultimately end the worst form of violence against children, child marriage," he further stated.

Key takeaways:

- Child Marriage Law to be enforced with prevention, protection and prosecution model.

- Guidelines issued to various ministries for complete elimination.

- Child marriages violate minors' free will to choose life partner.

- The Supreme Court was hearing a petition filed by the NGO SEVA and activist Nirmal Gorana, both of whom are members of ‘Child Marriage Free India’ Campaign (CMFI).

- CMFI, a coalition of over 200 NGOs, has stopped over 1,20,000 child marriages in 2023-24 alone across India, creating over 50,000 ‘child marriage free villages’.

- The court emphasised the role of sex education and empowerment of children.

‘Child Marriage Free India’ campaign is a coalition of over 200 NGOs working across the country to end child marriage by 2030. The NGO partners follow a holistic strategy namely PICKET (Policy, Institution, Collaboration, Knowledge, Ecosystem, Technology). Their efforts with religious leaders and communities have led to over 49 million pledges against this crime.