Mumbai:
The Bombay High Court will soon decide which of the two -- Muslim Personal Law or Prohibition of Child Marriage Act (PCMA) -- are applicable in case of the marriage of a Muslim girl who is 14 years of age.
A petition seeking the custody of the 14-year-old girl has been filed before the Bombay High Court by one Zakia Begum, a resident of Aurangabad.
Zakia's daughter was to marry last December, but her uncle filed a complaint with police, stating that Child Marriage Restriction Act (now replaced by PCMA) is being violated.
Police then took the girl in custody and produced her before Child Welfare Committee. She is now in a remand home.
Zakia moved the High Court arguing that police's action was illegal because Muslim law allows girl to marry after onset of puberty. However, additional public prosecutor Usha Kejariwal on Tuesday argued that PCMA was applicable to all citizens.
The question has arisen because of apparent conflict between the Muslim Personal Law and the PCMA. In the Muslim law, a girl can marry after attaining puberty. PCMA prohibits child marriages, irrespective of religion as under it a girl below 18 is a child.
Kejariwal during the argument also cited a judgement of Andhra Pradesh High Court, which says that a Muslim person who participates in marriage of a minor boy or girl can be prosecuted; but marriage itself cannot be voided on the ground of age. In Zakia's case marriage has not taken place.
However, petitioner's lawyer advocate Prakash Wagh said that he was challenging constitutional validity of Prohibition of Child Marriage Act.
Division bench of Justices Ranjana Desai and Mrudula Bhatkar directed Wagh to make Child Welfare Committee (on whose instructions police had stopped the marriage) a party to the case.
"We will lay down a law (in this regard)...If this (marriage of minors) is allowed, tomorrow 12-year-old girls will be married off," judges said.
Advocate Wagh requested the court to hand over custody of girl to her mother. However, the court refused the request, adjourning hearing to March 15.