Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Personal laws can’t hinder law preventing child marriage: Supreme Court

PTI
Updated: October 18th, 2024, 15:50 IST
in Home News, National
0
Supreme court
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: Supreme Court Friday said the Prohibition of Child Marriage Act cannot be stunted by traditions under any personal law and observed marriages involving children violate the free will to choose a life partner.

A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra further issued a slew of guidelines for the effective implementation of the law on prevention of child marriages in the country.

Also Read

Supreme Court

President reference on assent to bill: SC asks can it sit idle if guv fails in duty, reserves verdict

10 hours ago
10 Naxalites killed in encounter with security personnel in Chhattisgarh

10 Naxalites killed in encounter with security personnel in Chhattisgarh

12 hours ago

The bench, however, noted the issue whether the Prohibition of Child Marriage Act (PCMA) would prevail over personal laws was pending with the Parliament for consideration. The Centre had urged the apex court to hold the PCMA to prevail over personal laws.

The CJI highlighted that a “very extensive” sociological analysis was made in the judgement.

“While the PCMA seeks to prohibit child marriages. It does not stipulate big social malaise of marriages fixed in the minority of a child which also have the effect of violating the rights to choice…It takes away from them, their choice of partner and life paths before they mature and form the ability to assert their agency…,” the CJI said.

The court noted that child marriages require an intersectional approach that acknowledges the overlapping vulnerabilities experienced by children, especially girls, from marginalised communities.

“Inter-sectionality involves considering factors like gender, caste, socio-economic status and geography, which often increase the risks of early marriage” the CJI said.

Preventive strategies should be tailored to the unique needs of various communities besides focusing on addressing the root causes of child marriage, such as poverty, gender, inequality, lack of education, the judgement said. “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,” it added.

According to the top court, the scenario necessitated the enhancement of reporting mechanisms, expansion of public awareness campaigns and investment in the training and capacity building of law enforcement.

“The implementation of these guidelines is to prioritise prevention before protection and protection before penalisation. We are cognisant of the impact that criminalisation has on families and communities. To ensure effective use of the 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,” it said.

The apex court, however, clarified that it should not be understood that prosecution of those who commit illegal acts is discouraged.

Further, it opined the law enforcement machinery ought to make best efforts to prevent and prohibit child marriage and not solely focus on prosecution.

The judgement came on a PIL filed by Society for Enlightenment and Voluntary Action seeking effective implementation of the law to prevent child marriages.

PTI

Tags: Child Marriage ActSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Pratik Kumar Ghibela

December 12, 2019
#MyPaperBagChallenge

Priyasha Pradhan

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019
#MyPaperBagChallenge

Priyabrata Mohanty

December 12, 2019
#MyPaperBagChallenge

Sitakanta Mohanty

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Archana Parida

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Manas Samanta

December 12, 2019
#MyPaperBagChallenge

Kamana Singh

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

Akshaya Kumar Dash

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Anup Mahapatra

December 12, 2019
#MyPaperBagChallenge

Jhili Jena

December 12, 2019
#MyPaperBagChallenge

Spinoj Pattnaik

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Aishwarya Ranjan Mohanty

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019
#MyPaperBagChallenge

Vandana Singh

December 12, 2019
#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
#MyPaperBagChallenge

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Adyasha Priyadarsani Sendha

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Diptiranjan Biswal

December 12, 2019

Archives

Editorial

Reviving 9/11 Spirit

Donald Trump
September 10, 2025

The memories of the deadly al-Qaeda strikes on 9/11 on iconic US building complexes are still alive even after several...

Read moreDetails

Evolving Nepal

Nepal
September 9, 2025

Violence erupted in Kathmandu 8 September as thousands of young Nepalese took to the streets and clashed with security forces,...

Read moreDetails

Leadership Crisis

Shigeru Ishiba
September 8, 2025

Japan’s Prime Minister Shigeru Ishiba on 7 September announced his resignation, a move that could usher in a period of...

Read moreDetails

Pied-Piper Politics

Aakar Patel
September 7, 2025

As someone who prefers India as a pluralist and secular society, I have my problems with this government as many...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2024 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2024 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2024 All rights Reserved by OrissaPOST