[Answered] “The Supreme Court of India has ruled that marriages fixed during a child’s minority violate the right to free choice and individual autonomy.” In the light of this statement, discuss the implications of this ruling for child rights and personal liberty in India. (250 words)
Red Book
Red Book

Introduction: Contextual Introduction

Body: Implications of ruling on child rights and personal liberty in India

Conclusion: Way forward

The Supreme Court of India’s ruling, which calls for the prohibition of child betrothals and amendments to the Prohibition of Child Marriage Act (PCMA), 2006, highlights the violation of a child’s autonomy and the curtailment of their rights to free choice and healthy childhood. This ruling is a significant step towards further protecting child rights and personal liberty, emphasizing the need for legislative and societal reforms.

Implications of the Ruling for Child Rights

  • Violation of Autonomy and Free Choice: The Court ruled that marriages fixed during a child’s minority violate the child’s right to free choice, autonomy, and agency. This not only undermines their freedom but also prevents them from fully exercising their rights to life and personal liberty as guaranteed by Article 21 of the Constitution.
  • Impact on Childhood and Development: Early marriages not only rob children of their right to a carefree childhood, but they also force children, especially girls, into adult roles prematurely. The Court pointed out that child marriage leads to the social isolation of girls, who are often expected to shoulder family responsibilities at an age when they should be pursuing education and personal development.

Implications for Personal Liberty

  • Curtailing Personal Liberty through Social Practices: The Court’s ruling reinforces the idea that the freedom to choose a life partner is a fundamental aspect of personal liberty. Early marriages deny children the chance to make mature, informed decisions about their future. By outlawing child betrothals, the ruling aims to give children the freedom to shape their life paths once they are capable of making such choices.

Conclusion

The Supreme Court’s ruling on child betrothals is a crucial milestone in strengthening child rights and personal liberty in India. By addressing the violation of free choice, autonomy, and childhood caused by early marriages, the ruling urges Parliament to amend the PCMA to specifically ban child betrothals. This judgment also underlines the importance of legal and social reforms, such as financial support for vulnerable families, to combat child marriage effectively. With the court’s emphasis on both genders’ protection and the need for targeted interventions, this decision paves the way for a more robust legal framework that protects the future of children while upholding their fundamental rights to personal liberty and self-determination.

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