Kochi: On Saturday, 27th July, the Kerala High Court set a significant precedent by ruling that the law against child marriage applies to all Indian citizens, irrespective of their religion.
For context, the Prohibition of Child Marriage Act of 2006 applies to all Indian citizens except for the Muslim community, who are governed by the Muslim Personal Law (Shariat) Application Act of 1937. This latter law considers girls who have attained the age of puberty as adults, even if they are not yet 18. Consequently, Muslim marriages involving minors have received legal sanction in Indian courts over the years, with personal laws taking precedence over the law against child marriage.
In his ruling, Justice PV Kunhikrishnan of the Kerala High Court emphasized that citizenship takes precedence over religion. He declared that the Prohibition of Child Marriage Act of 2006 would apply universally, including to Muslims. The order was issued in the context of a 2012 case where a Muslim man married a child and used the Muslim Personal Law (Shariat) Application Act of 1937 to justify the union. The Kerala High Court clarified that Section 1(2) of the Prohibition of Child Marriage Act applies to all Indian citizens, both within the country and 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.
This ruling follows a related decision by the Kerala High Court in November 2022, which ruled that marriages between Muslims under personal law cannot be excluded from the Protection of Children from Sexual Offences (POCSO) Act. Justice Bechu Kurian Thomas stated that if one of the partners in the marriage is a minor, offences under the POCSO Act would apply, and the validity of the marriage would not be considered in such cases.
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