HC on Child Marriage: Ban on Child Marriage Applies to All Religions; Overrides Muslim Personal Law, Says Kerala High Court

The Kerala High Court recently held that child marriage is prohibited by law for all, regardless of the religion they follow. The high court bench of Justice PV Kunhikrishnan also stated that as per Section 1(2) of the Prohibition of Child Marriage Act, the ban on the marriage of minors applies to all citizens of India, even those who live beyond its borders. "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, 3 Muslim, Christian, Parsi etc., Act 2006 is applicable to all." the court said. The court also ruled that the Act also supersedes Muslim personal law, which allows Muslims who have attained puberty to marry. Sexual Crimes Can’t Be Quashed but ‘Peaceful Family Life’ Humanitarian Ground if Accused Marries Victim, Says Kerala High Court.

'Person Should Be a Citizen of India First'

Women and Child Helpline Numbers:

Childline India – 1098; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women / Senior Citizen Helpline – 1091/ 1291; Missing Child and Women – 1094.

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