The Allahabad High Court has ruled that the Prohibition of Child Marriage Act (PCMA), 2006, applies equally to people of all religions, making it clear that no personal law, including Muslim personal law, can override legislation enacted to protect children.
The observation came while the court was hearing a petition involving a Muslim couple. The petitioners argued that the marriage was valid under Islamic law because the girl had attained puberty. Rejecting the argument, the court said that attaining puberty does not make a child legally competent to marry under Indian law. It held that statutory provisions aimed at protecting children take precedence over religious customs and personal laws.
The bench observed that the PCMA is a secular law enacted in the larger public interest to prevent child marriages and safeguard minors from exploitation and abuse. It said Parliament intended the legislation to apply uniformly across the country, irrespective of religion or community.
The court also referred to the Protection of Children from Sexual Offences (POCSO) Act, noting that child protection laws are designed to ensure the safety, dignity and well-being of minors. It stressed that these laws cannot be diluted by relying on religious practices or customary beliefs.
According to the High Court, allowing personal laws to prevail over child protection legislation would defeat the objective of laws enacted to safeguard children. The judgment underlined that constitutional values, including equality, dignity and the right to protection, must remain paramount when dealing with the welfare of minors.
Legal experts said the ruling reinforces the principle that secular legislation enacted for public welfare applies equally to all citizens. They believe the judgment will strengthen the enforcement of child marriage laws and serve as an important precedent in similar cases across the country.
