The Supreme Court of India made a significant ruling against child marriages by mandating the inclusion of comprehensive sex education (CSE) in school curricula across all states and Union territories (UTs).
This directive aims to equip young people with essential knowledge about their rights and help them make informed choices. However, the court declined the Union government's request to affirm that the 2006 Prohibition of Child Marriage Act (PCMA) should take precedence over personal marriage laws.
Chief Justice Dhananjaya Y Chandrachud, leading the bench, cited ongoing discussions in Parliament as the reason for not ruling on whether the PCMA could override personal laws. Currently, personal laws in Islam allow a Muslim girl to marry after reaching puberty at 15. In contrast, national laws establish the minimum marriage age for girls at 18 and criminalize sexual relations with minors. The court acknowledged that the Prohibition of Child Marriage (Amendment) Bill 2021, which seeks to clarify the PCMA’s authority over personal laws, is still under consideration.
This perspective highlights a critical shift, recognizing that merely reacting to instances of child marriage is insufficient for creating meaningful societal change.
This ruling suggests the urgent need for educational reforms and greater awareness to combat child marriage effectively. By integrating comprehensive sex education into school programs, the Supreme Court aims to foster an informed generation that understands the implications of early marriage and can advocate for their rights. This decision addresses the immediate issue of child marriage while also seeking to empower young people for a better future.