Argue of issue on behalf of RESPONDENT

Whether NWRWA has locus standii to challenge the judgement of the apex court?

No body can interfere in the judgement of government order

The Apex stated that “she has two children and they are being taken care of by the

appellant and she is leading a happy married life. This Court cannot shut its eyes to the

ground reality and disturb the happy family life of the appellant and the prosecutrix'

Supreme Court has taken a standing with respect to child marriages and cleared

ambiguities regarding Section 3 and 9. It upheld the importance of the intention behind

the Act rather than simply going by the literal interpretation of provisions.

While delivering justice, it is of utmost importance that no innocent person is convicted

due to the literal provisions rather the facts, circumstances and intention of the parties

and the legislation should be given due consideration. Though the present judgment has

cleared few ambiguities, but there are still few loop holes in the present act

Ratio Decidendi

I. All child’s rights have been guaranteed by various legislations in India

Section 3 of Right of Children to Free and Compulsory Education Act, 2009 provides

that every child of the age of 6-14 years shall have a right to free and compulsory

education in a neighbourhood school till completion of elementary education.

Various provision under act-

Chapter 6 of the Act has special provisions for the protection of the right of children. The

National Commission for Protection of Child Rights received a statutory status after

passing of this Act. By virtue of Article 21-A of the Constitution, the right of children

to free and compulsory education was made a Fundamental Right. Every child between

the ages of 6-14 now have a right to free education in a school till elementary level.
Provision -

The Prohibition of Child Marriage Act, 2006

o Section 2(a) in The Prohibition of Child Marriage Act, 2006 - Meaning of a child is

provided as a female who is less than 18 years of age and a male who is less than 21 years

of age.

o.Section 3 in The Prohibition of Child Marriage Act, 2006 provides that every child

marriage is voidable if the contracting party was a child at the time of the marriage.

o Section 9 in The Prohibition of Child Marriage Act, 2006 provides punishment for a male

adult who marries a child.

o Section 12(a) in The Prohibition of Child Marriage Act, 2006 provides for nullity of

marriage if the minor is trafficked or sold for the purpose of marriage.