The
Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006
supersedes the Muslim Personal Law (Shariat) Application Act, 1937.
The Court stated that every Indian citizen,
regardless of their religion and location, must adhere to the law prohibiting
child marriage.
Justice P. V. Kunhikrishnan emphasized that a
person's primary status as a citizen of the country takes precedence over their
religion.
The Court noted
that citizenship is primary and religion is secondary, asserting that all
citizens, whether Hindu, Muslim, Christian, Parsi, or of any other religion,
are bound by the Act.
- In this case, the petitioners approached the Court to
quash proceedings against them for allegedly committing the offence of child
marriage, punishable under Sections 10 and 11 of the Prohibition of Child
Marriage Act.
- The complaint concerns a child marriage allegedly held on
December 30, 2012, in Vadakkancherry, Palakkad district, following Islamic
rites.
- The 1st accused is the father who married off his minor
daughter to the 2nd accused.
- The 3rd and 4th accused are the President and Secretary of
the Islam Juma Masjid Mahal Committee, and the 5th accused was a witness to the
marriage.
- The petitioners argued that under Islamic law, a Muslim
girl has the 'Khiyar-ul-bulugh' or 'Option of Puberty,' granting her the right
to marry upon reaching puberty, typically at 15 years old.
- They claimed that the marriage of a minor girl is not
considered void but voidable at her discretion once she attains puberty.
- It was stated that Muslim personal law prevails over the
Prohibition of Child Marriage Act.
- The Court discussed the objective and provisions of the
Prohibition of Child Marriage Act in detail.
- It stated that the Act is applicable to all citizens of
India, within and beyond India, as per Section 1(2) of the Act.
- In the present case, the Court rejected the petitioners'
contention that their minor daughter can marry upon attaining puberty because
she is a Muslim.
- The Court also stated that it could not reject the
complaint filed by a Muslim man against the petitioners merely due to a delay
in filing it.
- Accordingly, the Court dismissed the case, stating that
the petitioners had not made a case to quash the proceedings.
- The Court highlighted that this means the Act has
extraterritorial jurisdiction and is applicable to Indian citizens living
abroad, regardless of their location.
- The Act is also applicable to all citizens irrespective of
their religion.
- The Court noted that every citizen, non-governmental
organization, etc., must inform the Child Marriage Prohibition Officer or Court
about any information regarding child marriages.
- The Court noted that every citizen, non-governmental
organization, etc., must inform the Child Marriage Prohibition Officer or Court
about any information regarding child marriage.
- Judicial Magistrates of the First Class or Metropolitan
Magistrates can issue injunctions to prevent child marriages.
- Under Section 13 of the Act, Judicial Magistrates have suo
motu powers to act on complaints or information about child marriages.
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