India News | SC Refers to Legal Framework of AU, EU and SAARC on Child Marriage

New Delhi, Oct 18 (PTI) The Supreme Court on Friday referred to the legal framework of the African and European Unions apart from the South Asian Association for Regional Cooperation (SAARC) countries on the prohibition of child marriage.

The reference to the international conventions on the issue of child marriage was made in the judgement wherein the top court passed a slew of directions to the Centre, states, district administrations, panchayats and the judiciary to stop child marriages in the country.

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Dealing with the African Charter on the Rights and Welfare of the Child, which was adopted in 1990, Chief Justice of India (CJI) D Y Chandrachud said it builds upon international frameworks by requiring state parties to enact legislation setting 18 as the minimum age for marriage.

Article 21 of the Charter, the CJI underlined, specifically addressed “protection against harmful social and cultural practices” by stating that all necessary measures should be taken to eliminate customs detrimental to children’s health, dignity, and development.

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The verdict also dealt with EU’s Convention on Human Rights (ECHR) and said it was a key legal instrument that impacts issues of marriage and child protection.

“Specifically, Article 12 of the ECHR grants men and women of marriageable age the right to marry, while Article 8 protects the right to respect for private and family life,” it said.

These articles do not directly set a minimum age for marriage but do highlight the importance of individual autonomy and respect for personal and family life, it added.

“Early marriage in the European Region is described as an abrupt and premature transition from childhood to adult life for the affected minors, who are predominantly girls,” it pointed out.

It referred to a landmark case in the German Federal Constitutional Court involving a Syrian couple who married in 2015 under Syrian law, with the wife being 14-years old at the time.

“Fleeing the Syrian conflict, they arrived in Germany, where the authorities took the young wife into care due to her minor status. Citing the Act to Prevent Child Marriages 2017, the German courts automatically invalidated the marriage under Article 13(3)…,” it said.

The husband had contested saying their marriage was valid under Syrian law and should be recognised in Germany, however, the plea was rejected.

The top court further referred to the SAARC convention on the issue and said, “Child marriage is a significant concern in South Asia, where approximately one in four young women are first married or in union before reaching the age of 18.”

Further, even within individual countries, disparities exist, it said, using Afghanistan as an illustration which showed a ten-fold difference in child marriage rates across its provinces.

“Although child marriage is less common among boys, it still occurs, with nearly 1 in 10 young men in Nepal reporting childhood marriages,” it said.

The SAARC charter emphasises the need for collaboration in various sectors, including social development, which encompasses the protection of children’s rights, it added.

Further, the Convention on Regional Arrangements for the Promotion of Child Welfare in Sought Asia of 2002 recognised child marriage as a violation of children’s rights while advocating for a legislation to set a minimum marriage age, promote awareness, and protect children from harmful practices, it said.

(This is an unedited and auto-generated story from Syndicated News feed, Pune Media Staff may not have modified or edited the content body)

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