Prohibition of Child Marriage Act For All Irrespective Of Religion: Kerala High Court

The Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006 is applicable to every citizen of this country irrespective of his or her religion as every Indian is a citizen first and then becomes a member of a religion.

Justice P V Kunhikrishnan in a recent order on a petition to quash a case registered in 2012 in Palakkad against a child marriage, said irrespective of religion, whether a person is Hindu, Muslim, Christian, Parsi etc., the Act is applicable to all.

The petitioners, including the father of the then-minor girl, contended before the court that being a Muslim she enjoys the religious right to marry after attaining puberty, i.e., at the age of 15.

"A person should be a citizen of India first, and thereafter only his religion comes. Religion is secondary and citizenship should come first. Therefore, I am of the considered opinion that, irrespective of religion, whether a person is Hindu, Muslim, Christian, Parsi etc., Act 2006 is applicable to all," the court said in its July 15 order.

It observed that child marriages deny children their basic human rights, including the right to education, health and protection from exploitation and early marriages and pregnancy can lead to health problems such as infant mortality, maternal mortality and sexually transmitted infections.

"Child marriage often forces girls to drop out of school, limiting their education and future opportunities. Child brides are more vulnerable to domestic violence and abuse. Child marriage can perpetuate poverty and limit economic opportunities for individuals and communities.

"Child marriage can lead to emotional and psychological trauma, including depression and anxiety to the children. Child marriage can lead to social isolation and disconnection from the family and community. Moreover, child marriage is a violation of international human rights law and conventions as well," the court said in its 37-page order.

An Integrated Child Development Scheme Officer (ICDS Officer) had lodged a complaint to the Vadakkencherry police about a child marriage that took place on December 30, 2012.

The court said it was sad to hear that even after the enactment of the Prohibition of Child Marriage Act decades ago, there are allegations of Child Marriage in Kerala.

"The saddest thing is that the petitioners herein are trying to justify the alleged child marriage stating that as per Mohammedan Law, a Muslim girl enjoys a religious right to marry after attaining puberty irrespective of age, even though the Prohibition of Child Marriage Act apply to all the citizens of India without and beyond India," the judge said.

The high court urged the society to let the children study, travel and enjoy their life according to their wishes and when they attained maturity, let them decide about their marriage.

"In the modern society, there cannot be any compulsion for marriage. The majority of the girls are interested in studies. Let them study and let them enjoy their life, of course with the blessings of their parents. When they attain majority and decide that a partner is necessary for their life, let it happen at the appropriate stage so that child marriage can be eradicated from society," the court said.

It also suggested that the print and the visual media can play a significant role in raising awareness and prohibiting child marriages.

"It is the duty of the print and visual media to publish articles highlighting the evils of child marriage, sharing stories of survivors and victims, creating awareness about the loss and consequences of child marriage, promoting education and empowerment of girls and exposing perpetrators and their actions," the order read.

The court also noted that the complaint against the child marriage was filed by a person from the Muslim community itself.

"The same will show that every citizen of this country is aware of the evil of child marriage irrespective of their religion," it said.

However, the court asked the petitioners to approach the appropriate court on their contention that the date of birth of the child was wrongly mentioned in the concerned school register.

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