Case: Society for Enlightenment and Voluntary Action & Anr. v. Union of India & Ors.
Citation: 2024 SCC OnLine SC 1690
The Hon’ble Supreme Court of India in Society for Enlightenment and Voluntary Action & Anr. v. Union of India & Ors., 2024 SCC OnLine SC 1690, delivered an important judgment concerning the continuing practice of child marriages in India and the effective implementation of child protection laws.
The matter involved concerns regarding enforcement of the Prohibition of Child Marriage Act, 2006 and its relationship with other protective legislations including the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The Supreme Court observed that child marriage directly affects the dignity, health, education and personal development of children, particularly young girls. The Court emphasised that social customs and traditions cannot override statutory protections created for children.
The Court recognised that merely creating penal provisions is insufficient unless there is effective implementation at the ground level. Authorities must focus on prevention, awareness and protection mechanisms rather than acting only after violations occur.
The Court further highlighted that child marriage often results in denial of fundamental rights guaranteed under the Constitution of India, including the right to equality and right to life with dignity.
This judgment strengthens India’s commitment towards eliminating child marriage and ensuring better protection for minors. It places responsibility upon authorities to actively prevent violations instead of merely responding after harm has occurred.
The ruling reinforces the principle that welfare of children must remain the primary consideration while interpreting personal laws, customs and statutory provisions.