Kerala High Court Rules Child Marriage Ban Applies to All Religions, Overriding Muslim Personal Law

In a landmark judgment, the Kerala High Court has affirmed that child marriage is prohibited for all citizens of India, irrespective of their religion, under the Prohibition of Child Marriage Act, 2006 (PCMA). The decision underscores the supremacy of this Act over personal laws, including Muslim personal law, which permits marriage upon attaining puberty.

Justice PV Kunhikrishnan emphasized that the prohibition applies universally to all citizens, including those residing outside India, as per Section 1(2) of the PCMA. "A person should be a citizen of India first, and thereafter only his religion comes. Religion is secondary and citizenship should come first," the Court stated.

The Court also clarified that the PCMA overrides the provisions of the Majority Act of 1875, particularly those that consider a person’s attainment of the age of majority (18 years) as affecting their legal capacity in matters of marriage, dower, divorce, adoption, and religious rites. "The Majority Act is enacted in the year 1875. Act 2006 came into force on 01.11.2007. I am of the considered opinion that the Act 2006 will override the provisions of the Majority Act as far as child marriage is concerned," the Court asserted.

Furthermore, the ruling states that the PCMA supersedes the provisions of Muslim personal law which allows Muslims to marry upon reaching puberty. "This is because of the importance of Act 2006 and also because it is a special Act enacted with a great object... When the Act 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion," the judgment declared.

Justice Kunhikrishnan expressed his disagreement with prior rulings by the Patna High Court, Punjab and Haryana High Court, and the Delhi High Court which held that the PCMA does not apply to Muslims. The Court stressed that the ban on child marriage is applicable to all, regardless of religious affiliation.

The decision came in response to a case involving a minor Muslim girl whose marriage was allegedly conducted while she was under 18. The petitioners, including the girl's father, husband, and local religious leaders, argued that under Muslim law, the marriage was valid. However, the Court rejected their arguments, emphasizing that the PCMA takes precedence over personal laws.

Highlighting the detrimental effects of child marriage, particularly on girls, the Court noted that such practices force girls to drop out of school and bear children at a young age. "In the modern society, there cannot be any compulsion for marriage. Majority of the girls are interested in studies. Let them study and let them enjoy their life... When they attain majority and decide that a partner is necessary in their life, let it happen at the appropriate stage so that child marriage can be eradicated from the society," the Court advised.

The Court also called for vigilance from citizens, Child Marriage Prohibition Officers, and Judicial First Class Magistrates to eradicate child marriage. Additionally, it urged media to actively spread awareness about the negative impacts of child marriage.

Notably, the Court commended a member of the Muslim community for reporting the child marriage, underscoring a collective effort to uphold the law beyond religious considerations. "That shows that even the members of the Muslim community are coming forward against child marriage in their community and that is a proud moment to every citizen of India," the Court remarked.

Ultimately, the Kerala High Court dismissed the petition to quash the criminal case against the petitioners, reinforcing the applicability of the PCMA to all citizens of India.

Author: Anushka Taraniya

News writer