KOCHI: In a significant judgment, Kerala high court has held that Prohibition of Child Marriage Act, 2006, applies to all Indian citizens irrespective of religion. A bench of Justice PV Kunhikrishnan also made it clear that the Act supersedes Muslim personal law that allows marriage of a girl at puberty, pointing out that citizenship was primary and religion secondary.
The single bench issued the directive recently while dismissing a petition by an accused in a child marriage case in Palakkad in 2012. The accused, including the father and purported “husband”, had moved high court to quash the case. The bench had earlier appointed an amicus curiae in the case. The ruling comes at a time when scores of men have been arrested in BJP-governed Assam over child marriages, most of them from the minority community.
Citing Muslim personal law, petitioners argued that a Muslim girl who has attained puberty could marry and such a union wouldn’t be void. According to the petitioners, Muslim personal law prevails over Prohibition of Child Marriage Act, which was illegal as it curtails their rights and prescribes punishment.
However, high court rejected the contentions. It cited Section 1(2) of the Act and said it applied to all Indian citizens within and beyond India. This means the law has extraterritorial jurisdiction and applies to citizens, even if they reside outside India, the court held.
“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,” Justice Kunhikrishnan observed.
“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 noted.
The single bench issued the directive recently while dismissing a petition by an accused in a child marriage case in Palakkad in 2012. The accused, including the father and purported “husband”, had moved high court to quash the case. The bench had earlier appointed an amicus curiae in the case. The ruling comes at a time when scores of men have been arrested in BJP-governed Assam over child marriages, most of them from the minority community.
Citing Muslim personal law, petitioners argued that a Muslim girl who has attained puberty could marry and such a union wouldn’t be void. According to the petitioners, Muslim personal law prevails over Prohibition of Child Marriage Act, which was illegal as it curtails their rights and prescribes punishment.
However, high court rejected the contentions. It cited Section 1(2) of the Act and said it applied to all Indian citizens within and beyond India. This means the law has extraterritorial jurisdiction and applies to citizens, even if they reside outside India, the court held.
“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,” Justice Kunhikrishnan observed.
“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 noted.
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