Prayagraj:
The Allahabad High Court has ruled that the prohibition on child marriage applies equally to all religions in India and that no personal law can override it. In its judgment, the court stated that marrying Muslim girls under Sharia law violates the Protection of Children from Sexual Offences (POCSO) Act.
It made clear that no personal law, including Muslim personal law, can violate the Prohibition of Child Marriage Act or bypass the POCSO Act. A bench comprising Justices JJ Munir and Achal Sachdeva observed that Sharia law, which considers the age of puberty as the correct age for a girl’s marriage, is contrary to both the Prohibition of Child Marriage Act and the POCSO Act.
The court clarified that the marriageable age is the same for every citizen of the country, regardless of their religion. The court held that the Shariat or Muslim Personal Law permitting puberty as the competent age for a girl to marry runs clearly against the Prohibition of Child Marriage Act, 2006, and the POCSO Act. The bench further observed that the age of marriage, for every citizen of the country, irrespective of religion, must follow the statutory provisions.
The case arose in February when a police team went to Uttar Pradesh’s Bulandshahr to stop the marriage of a 16-year-old Muslim girl. Some people obstructed the officers’ efforts. Police subsequently filed a First Information Report (FIR) against 19 individuals. Those 19 people then approached the High Court seeking to have the FIR quashed.
The petitioners argued that under Sharia law, which applies to Muslims, a girl becomes eligible for marriage after reaching puberty, usually at the age of 15. They contended that the Prohibition of Child Marriage Act, 2006, has no impact on personal law.
The High Court rejected this position. It clarified that no personal law can override the prohibition of child marriage or the legal effect of the POCSO Act. The bench stated that allowing marriage under the age of 18 would violate the POCSO Act, as marriage and sexual intercourse are inextricably linked.
“The Prohibition of Child Marriage Act and the POCSO Act are laws based on public health and national policy in this matter. They are based on scientific understanding, which legally prohibits them, and no one can escape them,” the court said.
The Allahabad High Court, while accepting the views of different courts on this issue, said that it completely agrees with the Kerala High Court that no personal law can bypass the ban on child marriage. The court refused to quash the FIR. It described how the rescue team was mistreated, threatened, and forced to fend for itself.
The court noted that the victim was taken from their custody and eventually rescued. The Prohibition of Child Marriage Act, in force since 2006, prohibits child marriage before the age of 18. The POCSO Act protects children from sexual violence. India has had laws prohibiting child marriage since before independence. A law was passed in 1929 that set the legal age at 18 years for boys and 14 years for girls. In 1978, the law was amended to raise the legal age for marriage to 21 years for men and 18 years for women.
It was last amended in 2006, further tightening the provisions. Under the Prohibition of Child Marriage Act, those found guilty of child marriage can face up to two years in prison and a fine of up to Rs 1 lakh. The law covers parents and relatives. Under this law, a child marriage is declared void.
