Supreme Court declares child marriages violate basic rights, urges Parliament to act
New Delhi, October 18, 2024: The Supreme Court on Friday ruled that child betrothals—a tactic often used to evade the Prohibition of Child Marriage Act (PCMA)—violate fundamental rights, including freedom of choice, autonomy, and the right to childhood.
A three-judge Bench led by Chief Justice of India D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, emphasized that the anti-child marriage law was unclear on child betrothals. The Court urged Parliament to outlaw the practice and categorize children whose marriages are arranged as “minors in need of care and protection” under the Juvenile Justice Act.
The judgment noted that despite international frameworks like the 1977 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), India has not fully addressed the issue of child betrothals. Under the PCMA, girls under 18 and boys below 21 are considered children, and child marriage is both a crime and a social evil.
Chief Justice Chandrachud pointed out that confusion persists regarding the intersection of personal laws and the PCMA. The Court acknowledged that the government had submitted a “note” suggesting that the PCMA should take precedence over personal laws, citing conflicting High Court judgments. However, the note was not backed by formal documentation, and the matter remains unresolved, with an Amendment Bill introduced in December 2021 still pending in Parliament.
The Court also broke new ground by addressing the impact of child marriage on boys. The judgment highlighted how patriarchal expectations, misinformation, and peer pressure push boys into committing violence against their child brides. “While girls are disproportionately affected, the right to childhood belongs to all genders,” Chief Justice Chandrachud observed.
“The intent of POCSO is to protect children from sexual harm, while child marriage institutionalizes sexual abuse by subjecting minor girls to exploitation,” the CJI stated. He further noted that child marriage reduces children to objects, imposing burdens such as compulsory heterosexuality and reproductive expectations, which deny them the freedom to explore their sexuality and personal choices.
The Court issued several guidelines, including:
• Introducing culturally appropriate sexuality education in schools.
• Launching a ‘Child Marriage Free Village’ campaign, similar to the ‘Open Defecation Free Village’ initiative, with the involvement of community leaders.
• Establishing an online portal under the Home Ministry for reporting child marriages.
• Creating a compensation scheme under the Ministry of Women and Child Development for girls who opt out of child marriages.
• Allocating an annual budget to prevent child marriages and support those affected by the practice.
The verdict was delivered in response to petitions by NGOs, including the Society for Enlightenment and Voluntary Action, which raised concerns about the persistence of child marriages despite nearly two decades of the PCMA. The Court warned that child marriage poses a direct threat to laws like the Protection of Children from Sexual Offences (POCSO) Act.
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Traffic fraud: Fake 'no-entry' sticker racket busted in Delhi, mastermind among 3 held
New Delhi (PTI): Police here have busted a crime syndicate involved in traffic fraud and extortion, arresting three people including the alleged mastermind who sold fake stickers to help commercial vehicles bypass no-entry restrictions, an official said on Saturday.
The police said they dismantled a third organised syndicate linked to traffic-related frauds, with the arrest of Rinku Rana alias Bhushan, his associate Sonu Sharma and Mukesh Kumar alias Pakodi, who was also connected to another extortion syndicate.
According to the police, Rinku Rana was running a well-organised network that facilitated the movement of commercial goods vehicles during restricted hours by selling fake 'marka' or stickers for Rs 2,000 to Rs 5,000 per vehicle every month. The stickers were falsely projected as authorisation to evade traffic challans.
During raids, the police recovered Rs 31 lakh in cash, property documents worth several crores of rupees, over 500 fake stickers and six mobile phones allegedly used to operate the syndicate.
The crackdown followed a complaint filed by a traffic police officer in April this year after a commercial vehicle tried to evade checking by producing a fake sticker claiming exemption from enforcement action.
Investigation revealed that social media groups were being used to coordinate the illegal movement of vehicles and alert drivers about traffic police checkpoints, police said.
"A parallel system was being run to cheat drivers and vehicle owners while undermining traffic enforcement. On the basis of evidence, provisions related to organised crime under the BNS were invoked," a senior police officer said.
Sonu Sharma, the police said, managed social media groups through which stickers were sold and real-time alerts were circulated regarding traffic police movement. He also acted as a link between Rana and drivers operating in the field.
In a related development, Mukesh Kumar alias Pakodi, an associate of Rajkumar alias Raju Meena, who was earlier arrested under the Maharashtra Control of Organised Crime Act (MCOCA), was also apprehended.
Mukesh allegedly helped extort money from transporters and was involved in blackmailing traffic police personnel by recording enforcement actions, the police said.
Investigators alleged the syndicate led by Rajkumar deployed drivers to deliberately violate traffic rules and secretly record police officials during challans, later using manipulated videos to extort money under threat of false allegations.
The police said that in total, eight accused belonging to three different organised crime syndicates linked to traffic frauds and extortion have been arrested so far.
Further investigation is underway to trace the remaining members, conduct financial probes, and analyse digital evidence recovered during the raids, officials added.
