An important verdict of the High Court has come by banning child marriage in Kerala. From now on, the members of the Muslim community who marry younger girls will not get legal protection. Earlier, child marriage was possible due to Muslim personal law.
The High Court pointed out that the Muslim personal law, which states that a girl becomes eligible for marriage, cannot be justified in child marriage. The Kerala High Court will strictly implement the law preventing child marriage. This Act will apply to all Indians.
The High Court held that the Child Marriage Prohibition Act, 2006 is applicable to every citizen of the country irrespective of religion. The court observed that everyone is born as an Indian citizen and acquires a religious identity only after that. The important observation of the court is that the Muslim Personal Act allows a 15-year-old girl to get married and this right is denied by the 2006 Act.
The plea is based on the child marriage that took place on December 30, 2012 in Vadakancheri of Palakkad district according to Islamic customs. The first defendant is the father who gave his minor daughter in marriage to the second defendant. The three and four defendants are the President and Secretary of the Juma Masjid Mahal Committee. The fifth defendant was the witness. The police registered the case based on the complaint received at the Child Development Office against the marriage that took place in 2012. Residents of Pudukode reached the High Court demanding the cancellation of the trial at the Alathur Magistrate Court. The court did not consider the arguments of the petitioners that the school authorities recorded the date of birth of the girl wrongly. Justice Kunjikrishnan suggested to raise these issues in the trial court
The court added that child marriage denies children basic rights such as education, health and protection from exploitation. Early marriage 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. Child brides were also more victims of domestic violence. The court also said that child marriage limits socio-economic opportunities. The High Court said that no religious prohibitions would be accepted and the Prohibition of Child Marriage Act, 2006 was also applicable to Muslims.
The action of the court is based on the petition received demanding the cancellation of the case registered by the Vadakancherry police. Justice P.V. The verdict was delivered by a bench headed by Kunhikrishnan. The court clarified that a 15-year-old girl cannot be married under personal law, which is legally wrong and 18 years is the marriageable age for children. Henceforth, members of the Muslim community who marry younger girls will not get legal protection. Earlier, child marriage was possible due to Muslim personal law.
The court also clarified that Muslim personal law, which states that a girl becomes eligible for marriage once she reaches puberty, is no longer a justification for child marriage. The court also explained that the Muslim personal law no longer applies to the issue of infant law. According to the Kerala High Court verdict, citizenship is paramount before the law and religion comes second.
