India stands at a complex crossroads where long-standing cultural traditions often collide with modern child protection laws. This article critically examines the legal tension between the Prohibition of Child Marriage Act, 2006 (PCMA) and the Protection of Children from Sexual Offences Act, 2012 (POCSO). While PCMA seeks to discourage and penalize child marriages, it still recognises them as voidable rather than void. In contrast, POCSO criminalizes all sexual activity involving individuals below 18 years of age—irrespective of marital status or consent. This doctrinal contradiction raises serious concerns about legal enforcement, judicial interpretation, and the child’s right to bodily autonomy.
Drawing on legislative texts, judicial decisions, and socio-cultural analysis, the article explores how courts have responded inconsistently, particularly in cases involving underage consensual relationships. It also highlights the systemic enforcement challenges faced by institutions like the police, Child Welfare Committees, and Child Marriage Prohibition Officers. Comparative perspectives from neighboring countries and international legal obligations under CRC and CEDAW further underscore the urgency of reform.
Ultimately, the article argues for the harmonization of Indian child protection laws by rendering child marriages void ab initio, repealing the marital exception under criminal law, and ensuring that child rights prevail over regressive customs. The conclusion advocates for a rights-based legal regime—one that prioritizes the safety, dignity, and development of every child above tradition or community sanction.
