Law prohibiting child marriage prevails over personal laws: HC
Dismissing a petition by the father of a minor girl who was married off, court says the Prohibition of Child Marriage Act, 2006, is applicable to every Indian citizen irrespective of their religion
The Kerala High Court has observed that that the Prohibition of Child Marriage Act, 2006, is applicable to every citizen of this country irrespective of his or her religion as every Indian is a citizen first and then becomes a member of a religion.
The court made the observation while dismissing recently a petition by Moidutty Musaliyar, father of a minor girl who was married off, and others from Palakkad, seeking to quash a case registered against them under the Prohibition of Child Marriage Act. According to the petition, since the girl is a Muslim, she enjoys the religious right to get married after attaining puberty, i.e., at the age of 15.
The court observed that as Parliament has enacted the Prohibition of Child Marriage Act, 2006, it will prevail over personal laws as far as child marriage is concerned. When the Act prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, irrespective of his or her religion.
Perils highlighted
The court added that child marriage denied children their basic human rights, including the right to education, health, and protection from exploitation. Early marriages and pregnancy could lead to health problems such as infant mortality, maternal mortality and sexually transmitted infections. Child marriage often forced girls to drop out of school, limiting their education and future opportunities. Child brides were more vulnerable to domestic violence and abuse. Child marriage could perpetuate poverty and limit economic opportunities for individuals and communities, the court said.
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