The High Court of Kerala has observed that the Prohibition of Child Marriage Act, 2006, applies to every citizen of this Country irrespective of his or her religion as every Indian is a citizen first & then becomes a member of a religion.
The High Court made the observation while dismissing recently a petition by Moidutty Musaliyar, father of a minor girl who was married off, & others from Palakkad, seeking to quash a case registered against them under the Prohibition of Child Marriage Act. According to the petition, since the girl is a Muslim, she enjoys the religious right to get married after attaining puberty, i.e., at the age of 15.
The Court observed that as Parliament has enacted the Prohibition of Child Marriage Act, 2006, it will prevail over personal laws as far as child marriage is concerned. When the Act prohibits child marriage, it supersedes the Muslim personal law, & every citizen of this country is subject to the law of the land, irrespective of his or her religion.
The HC added that child marriage denied children their basic human rights, including the right to education, health, & protection from exploitation. Early marriages & pregnancy could lead to health problems such as infant mortality, maternal mortality & sexually transmitted infections. Child marriage often forced girls to drop out of school, limiting their education & future opportunities. Child brides were more vulnerable to domestic violence & abuse. Child marriage could perpetuate poverty & limit economic opportunities for individuals & communities, the court said.
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