“Supreme Court refuses to extend child marriage ban to all faiths”, Times of India, October 21, 2024:
“Supreme Court on Friday spurned the Union govt’s invitation to direct application of the Prohibition of Child Marriage Act (PCMA) to citizens irrespective of their religion and personal laws but suggested that Parliament should consider outlawing child betrothals as well.
Delivering a 141-page judgment on a PIL highlighting the persistence of child marriages on an alarming scale despite enactment of PCMA 18 years ago, a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said, “The issue of the interface of personal laws with the prohibition of child marriage under PCMA has been subject of some confusion. ”SC refuses to rule on PCMA as sought by Centre Union govt, through ASG Aishwarya Bhati, had in a written note on behalf of WCD ministry submitted that there were conflicting opinions of HCs on precedence of PCMA over personal laws.
“SC may consider issuing directions pronouncing that PCMA will prevail over the personal law governing marriage,” it requested.Authoring the judgment, CJI Chandrachud said Centre has not provided details of conflicting judgments from HCs and that PCMA was silent on the validity of child marriages. “Prohibition of Child Marriage (Amendment) Bill, 2021, was introduced on Dec 21, 2021. The bill was referred for examination to department-related standing committee. The bill sought to amend PCMA to expressly state the overriding effect of the statute over various personal laws……..”
Read the full article at Timesofindia.indiatimes.com
