New Delhi, Oct 18: Deprivation of health, education, employment and life opportunities wreaked by child marriage was an affront to constitutional principles of equality, liberty and free of expression, the Supreme Court said on Friday.
The apex court termed the prevalence of “social evil” of child marriage as “sobering” and passed a slew of directions to the Centre, states, district administrations, panchayats and the judiciary to eradicate the malaise. Writing the judgement for the bench, Chief Justice D Y Chandrachud said the right to life and liberty in Article 21 of the Constitution was violated by child marriage.
“All children married as minors are denied their right to choice and autonomy, right to education, right to sexuality and the right to development of the child. Girls who are married as children are denied their right to health,” it said.
The verdict referred to a slew of fundamental rights of minors being violated by such marriages and said the children who are thrown into forced marriages were deprived of their right to development.
Three-quarters-of-a-century after the commencement of the Constitution, child marriage remains a present and continuous threat to our society, social progress and individual liberty, the judgment highlighted.
Referring to the right of free choice and autonomy, it said the issue of forced marriage was intricately linked to child marriage, as both practices deny individuals, particularly minors, the fundamental right to make autonomous decisions about their lives.
“This lack of agency is heightened in the context of child marriage, where children are subjected to societal and familial pressures that undermine their ability to give informed consent,” the CJI said.
In the view of the top court, international law had evolved a rights-based framework to address various issues and child marriage was an evil against which the international community had reflected its commitment through the recognition of rights.
In addition, various international instruments were stated to have emphasised the necessity for parties entering into marriage to provide free and full consent.
When it came to addressing the constitutional guarantees against child marriage, the bench underscored right to free choice and autonomy, education and development of the child with all their offshoots were “firmly recognised” in the top court’s jurisprudence and many legislations in India.
“Child marriage deprives children of their agency, autonomy and right to fully develop and enjoy their childhood. The right to free choice and autonomy in marriage encompasses three fundamental rights — right to free and informed consent; right against gender based violence and right to sexual autonomy,” it said.
Girl children who are married off early were not only denied their childhood but were also forced into social isolation owing to detachment from the natal family, friends and other support systems, it underlined. (PTI)
