On Saturday (27th July), the Kerala High Court ruled that the law against child marriage would apply to all Indians irrespective of their religion, thereby setting a new precedent.
For the unversed, the Prohibition of Child Marriage Act of 2006 applies to all Indian citizens, except the Muslim community who are governed by the Muslim Personal Law (Shariat) Application Act of 1937.
The regressive law considers girls who have attained the age of ‘puberty’ as adults, even though they are not 18. Muslim Marriages with minors have received legal sanction in Indian courts over the years, with personal laws reigning supreme over the law against child marriage
In a significant judgment, #Kerala High Court has held that Prohibition of #ChildMarriage Act, 2006, applies to all Indian citizens irrespective of religion
— The Times Of India (@timesofindia) July 28, 2024
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On Saturday, a single-judge Bench of Justice PV Kunhikrishnan pointed out that citizenship was primary and religion was secondary. He ruled that the Prohibition of Child Marriage Act of 2006 would apply to all, including Muslims.
The order came in the context of a 2012 case where a Muslim man had married a child and cited the Muslim Personal Law (Shariat) Application Act of 1937 to rationalise such a union.
The Kerala High Court stated that Section 1(2) of the Prohibition of Child Marriage Act applied to all Indian citizens, living in India as well as abroad.
“The prohibition of child marriage is important in modern society. Child marriage denies children their basic human rights, including the right to education, health and protection from exploitation…Let the children study. Let them travel, enjoy life and when they attain maturity, let them decide about marriage. In modern society, there cannot be any compulsion for marriage,” the court stated.
Earlier in November 2022, the Kerala High Court ruled that a marriage between Muslims under personal law cannot be excluded from the Protection Of Children from Sexual Offences (POCSO) Act. Justice Bechu Kurain Thomas said if one of the partners in the marriage is a minor, offences under the POCSO Act would apply. The validity of the marriage would not be considered in such cases.
