Not just heterosexuals, child marriage oppressing all genders, sexual minorities: CJI

NEW DELHI: The Supreme Court on Friday declared the “multi-dimensional attack of Child marriage“was oppressive not just for straight girls and boys, but for all genders and sexual minorities as it deprived them of their vital autonomy in choosing their sexual orientation and partner.
A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said the Constitution recognizes a person’s right to all aspects of his sexuality, but in a child marriage, a minor faces the expectation of a forced marriage Heterosexuality under the orthodox patriarchal norms.
Write the verdict CJI Chandrachud said, “Patriarchy violates people’s most basic rights by creating a hierarchical order of subjugation and static distribution of power in society. The frontal attack of patriarchal institutions is to deny all deviation and elevate some over others. In the case of child marriage, a person’s right to sexuality is systematically dismantled.” He said marriage in childhood objectifies the child and imposes mature burdens on children who are neither physically nor mentally prepared to understand the meaning of marriage .
A woman who was forced into marriage in her childhood to protect her “chastity” and “virginity” was denied her rights to sexuality, bodily autonomy and the freedom to make decisions for herself, he said.
He further said: “Sexuality is not only the orientation a person can have towards romance and intimacy, but also the ability to control a person’s desires, regardless of their choice of partner or the option of not having a partner. Men and women are equally victims of forced heterosexuality, and their limited freedom of choice within heteropatriarchy is also abolished in infancy.
The CJI said child marriage causes irreversible physical and psychological harm to girls and violates their right under Article 21, which covers their freedom of choice in matters of choice of partner, timing of marriage, reproductive freedom and sexuality.
Early marriage also stunts a girl’s academic and intellectual progress and violates her fundamental right under the Right to Education Act, he said, adding that it has equally deleterious effects on boys who are forced to take on more responsibilities and the Taking on the role of breadwinner. “Both genders are negatively affected by forced and early marriage,” he said.