In a landmark decision, the Kerala High Court has affirmed that the Prohibition of Child Marriage Act, 2006, is universally applicable across all religions within India. Justice P V Kunhikrishnan emphasized that every citizen, regardless of their religious affiliation, is subject to the provisions of this Act, reinforcing the primacy of citizenship over religious identity.
The ruling came in response to a 2012 case from Palakkad, where a petition was filed to quash charges of a child marriage involving a minor Muslim girl. The petitioners argued that under Mohammedan Law, the girl had the religious right to marry post-puberty, at the age of 15. However, the court rejected this claim, clarifying that the Act, designed to protect children from premature marriage, does not entertain exceptions based on religious grounds.
Justice Kunhikrishnan’s order stated, “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.”
Highlighting the detrimental effects of child marriage, the court pointed out the severe implications such practices have on children’s rights to education, health, and protection from exploitation. Early marriage and pregnancy can precipitate a range of health issues including infant and maternal mortality, and sexually transmitted infections. Moreover, it often results in girls discontinuing their education, thereby limiting their future opportunities and perpetuating cycles of poverty.
The court also noted the profound emotional and psychological impact on children, citing potential outcomes like depression, anxiety, domestic violence, and social isolation. Justice Kunhikrishnan reiterated, “Child marriage is a violation of international human rights law and conventions.”
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This decision comes in the wake of a complaint lodged by an Integrated Child Development Scheme Officer in 2012, concerning a child marriage conducted in Vadakkencherry. Expressing dismay, the court lamented that such incidents still occur despite the decades-old legislation intended to eradicate child marriage.
